probate code section 2354

2354. Original Source: FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Firefox, or 79.) An experimental drug as defined in Section 111515 of the Health and Safety Code shall not be prescribed for or administered to a ward or conservatee under this division. (p) The power to pay, collect, compromise, or otherwise adjust claims, debts, or demands upon the guardianship or conservatorship described in subdivision (a) of Section 2501, Section 2502 or 2504, or to arbitrate any dispute described in Section 2406. (last ac­cessed Jun. (2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code. (k) Nothing in this section shall affect current law regarding the power of a probate court to fix the residence of a conservatee or to authorize medical treatment for any conservatee who has not been determined to have dementia. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (Amended by Stats. FCC Again Rejects Net Neutrality Even as Controversy Reignites. Read this complete California Code, Probate Code - PROB § 2352 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . California Probate Code Sec. (c) The conservator may consent to medical treatment to be performed upon the conservatee, and may require the conservatee to receive the medical treatment, in any case where the conservator determines in good faith based upon medical advice that the case is an emergency case in which the medical treatment is required because (1) the treatment is required for the alleviation of severe pain or (2) the conservatee has a medical condition which, if not immediately diagnosed and treated, will lead to serious disability or death. 2019, Ch. (b) The conservator may require the conservatee to receive medical treatment, whether or not the conservatee consents to the treatment, if a court order specifically authorizing the medical treatment has been obtained pursuant to we provide special support § 2352 (a) The guardian may establish the residence of the ward at any place within this state without the permission of the court. (Amended by Stats. (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. (b) Except as provided in subdivision (c), if the ward is 14 years of age or older, no surgery … Cite as: Cal. 2011 California Code Probate Code DIVISION 4. Division 4, Guardianship, Conservatorship, and Other Protective Proceedings; Part 4, Provisions Common to Guardianship and Conservatorship; Chapter 5, Powers and Duties of Guardian or Conservator of the Person; Section 2353. § 2354, CA Prob Code § 2357 (2017) (a) As used in this section: (1) “Guardian or conservator” includes a temporary guardian of the person or a temporary conservator of the person. Copyright © 2020, Thomson Reuters. Section 2357 Powers and Duties of Guardian or Conservator of the Person [2350. 847, Sec. Code §2354. (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. In such a case, the consent of the conservator alone is sufficient and no person is liable because the medical treatment is performed upon the conservatee without the conservatee's consent. Prob. Terms Used In California Probate Code 2354. For more detailed codes research information, including annotations and citations, please visit Westlaw . Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? (SB 303) Effective January 1, 2020.) § 2354 (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. (d) If the court suspends powers of the conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary conservator to exercise those powers until the powers are restored to the conservator or a new conservator is appointed. Google Chrome, Conservatee: includes a limited conservatee.See California Government Code 21260; Conservator: means the conservator of the person.See California Water Code 31151; Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. An experimental drug may be prescribed for or administered to a ward or conservatee only as provided in Article 4 (commencing with Section 111515) of Chapter 6 of Part 5 of Division 104 of the Health and Safety Code. - 2359.] (1) A temporary guardian of the person has the powers and duties specified in Section 2353 (medical treatment). (c) Guardianship, Conservatorship, & Other Protective Proceedings, Provisions Common to Guardianship & Conservatorship, Powers & Duties of Guardian or Conservator of the Person. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] CHAPTER 5. Read this complete California Code, Probate Code - PROB § 2354 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 1990, Ch. (3) A temporary guardian of the estate or temporary conservator of the estate may marshal assets and establish accounts at financial institutions. increasing citizen access. (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. Through social CA Prob Code § 2353 (2017) (a) Subject to subdivision (b), the guardian has the same right as a parent having legal custody of a child to give consent to medical treatment performed upon the ward and to require the ward to receive medical treatment. Independent Exercise of Powers Section 2591.5 Read this complete California Code, Probate Code - PROB § 2354 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. 2017, Ch. / Section 2354. (2) As provided in Section 2355 of the Probate Code if the person has been adjudicated to lack the capacity … 2019 California Code Probate Code - PROB DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person Section 2354. Sec. The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the … The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the capacity to give informed consent to the medical treatment, and the consent of the conservator alone is not sufficient under this subdivision if the conservatee … The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the capacity to give informed consent to the medical treatment, and the consent of the conservator alone is not sufficient under this subdivision if the conservatee objects to the medical treatment. Code Section Code: Select Code CONS BPC CIV CCP COM CORP EDC ELEC EVID FAM FIN FGC FAC GOV HNC HSC INS LAB MVC PEN PROB PCC PRC PUC RTC SHC UIC VEH WAT WIC Article: Section: Code: Select Code All BPC CIV CCP COM CORP EDC ELEC EVID FAM FIN FGC FAC GOV HNC HSC INS LAB MVC PEN PROB PCC PRC PUC RTC SHC UIC VEH WAT WIC Section: 319, Sec. For more detailed codes research information, including annotations and citations, please visit Westlaw . Section 2354 - Medical treatment performed upon conservatee. California Probate Code Section 2354. (h) This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator. As provided in Section 2354 of the Probate Code if the person has not been adjudicated to lack the capacity to give informed consent for medical treatment. Refreshed: 2018-05-15 Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. entre­pre­neurship, we’re lowering the cost of legal services and (2) “Ward or conservatee” includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed. In addition, Join thousands of people who receive monthly site updates. California Probate Code Section 2355 CA Prob Code § 2355 (2017) (a) If the conservatee has been adjudicated to lack the capacity to make health care decisions, the conservator has the exclusive authority to make health care decisions for the conservatee that the conservator in good faith based on medical advice determines to be necessary. (a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. § 2358 When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions not otherwise obligatory providing for the care, treatment, education, and welfare of … (Enacted by Stats. (2) “ Ward or conservatee ” includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed. (a) As used in this section: (1) “ Guardian or conservator ” includes a temporary guardian of the person or a temporary conservator of the person. Universal Citation: CA Prob Code § 2354 (through 2012 Leg Sess) (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. Read this complete California Code, Probate Code - PROB § 2355 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . California Probate Code Section 2351 CA Prob Code § 2351 (2017) (a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ARTICLE 11. https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=2354.­ As used in this chapter: (a) "Conservator" means the conservator of the person. 6, 2016). (2) As provided in Section 2355 of the Probate Code if the person has been adjudicated to lack the capacity to give informed consent for medical treatment. Powers and Duties of Guardian or Conservator of the Person Section 2357 Internet Explorer 11 is no longer supported. . Section 2354. § 2252 (a) ... A temporary conservator of the person has the powers and duties specified in Section 2354 (medical treatment). (1) As provided in Section 2354 of the Probate Code if the person has not been adjudicated to lack the capacity to give informed consent for medical treatment. 43. Justia US Law US Codes and Statutes California Code 2011 California Code Probate Code DIVISION 4. For more detailed codes research information, including annotations and citations, please visit Westlaw. CA Prob Code § 2252 (2017) (a) Except as otherwise provided in subdivisions (b) and (c), a temporary guardian or temporary conservator has only those powers and duties of a guardian or conservator that are necessary to provide for the temporary care, maintenance, and support of the ward or conservatee and that are necessary to conserve and protect the property of the ward or … The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the capacity to give informed consent to the … We will always provide free access to the current law. Location:https://california.public.law/codes/ca_prob_code_section_2354. We recommend using California Probate Code Section 2353. All rights reserved. 2010 California Code Probate Code ... PROBATE CODE SECTION 2350-2360 2350. (2) A temporary conservator of the person has the powers and duties specified in Section 2354 (medical treatment). 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