California Probate Code 3204 – The petition shall state, or set forth by a medical declaration …
The petition shall state, or set forth by a medical declaration attached to the petition, all of the following known to the petitioner at the time the petition is filed:
(a) The condition of the patient‘s health that requires treatment.
Terms Used In California Probate Code 3204
- 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
- Health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. 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
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
(b) The recommended health care that is considered to be medically appropriate.
(c) The threat to the patient’s condition if authorization for the recommended health care is delayed or denied by the court.
(d) The predictable or probable outcome of the recommended health care.
(e) The medically available alternatives, if any, to the recommended health care.
(f) The efforts made to obtain consent from the patient.
(g) If the petition is filed by a person on behalf of a health care institution, the name of the person to be designated to give consent to the recommended health care on behalf of the patient.
(h) The deficit or deficits in the patient’s mental functions listed in subdivision (a) of Section 811 that are impaired, and an identification of a link between the deficit or deficits and the patient’s inability to respond knowingly and intelligently to queries about the recommended health care or inability to participate in a decision about the recommended health care by means of a rational thought process.
(i) The names and addresses, so far as they are known to the petitioner, of the persons specified in subdivision (b) of Section 1821.
(Amended by Stats. 1999, Ch. 658, Sec. 18. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)