California Probate Code 3206 – (a) Not less than 15 days before the hearing, notice of the time …
(a) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patient’s attorney, and the agent under the patient’s power of attorney for health care, if any.
(b) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
Terms Used In California Probate Code 3206
- Health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient's physical or mental condition. See California Probate Code 3200
- Patient: means an adult who does not have a conservator of the person and for whom a health care decision needs to be made. See California Probate Code 3200
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
(1) The patient’s spouse, if any, at the address stated in the petition.
(2) The patient’s relatives named in the petition at their addresses stated in the petition.
(c) For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1) The existing medical facts and circumstances set forth in the petition or in a medical declaration attached to the petition or in a medical declaration presented to the court.
(2) The desirability, where the condition of the patient permits, of giving adequate notice to all interested persons.
(Amended by Stats. 2017, Ch. 319, Sec. 58. (AB 976) Effective January 1, 2018.)