BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1278|
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THIRD READING
Bill No: AB 1278
Author: Wayne (D)
Amended: 7/9/01 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-2, 7/3/01
AYES: Escutia, Kuehl, O'Connell, Peace
NOES: Ackerman, Haynes
ASSEMBLY FLOOR : 73-0, 4/19/01 - See last page for vote
SUBJECT : Health care decisions
SOURCE : California Law Revision Commission
DIGEST : This bill makes revisions to the Health Care
Decisions Law at the recommendation of the California Law
Revision Commission.
The revisions clarify duties and liabilities of an
appointed agent for health care with respect to funeral
decisions and the relationship between a "surrogate" and an
"agent," and remove authority to make health care decisions
from the authority that may be given by a person having
capacity to an attorney-in-fact under a general power of
attorney. The bill redefines "capacity" as used in the
Health Care Decisions Law and specify use of a court
petition to enforce health care instructions by the person
or his or her agent or surrogate.
ANALYSIS : Under the Health Care Decisions Law (the
CONTINUED
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HCDL), a person having capacity may authorize another to
make decisions on his or her behalf pursuant to a power of
attorney or pursuant to an advance health care directive,
as specified. The HCDL defines a legally sufficient health
care directive, specifies how a power of attorney that
suffices as a health care directive is to be limited, and
specifies the powers of an agent appointed by the principal
of a power of attorney for health care. Under the HCDL, a
patient in a health care facility or intermediate care
facility may also appoint a surrogate, orally or in
writing, and communicate that to the supervising health
care provider.
This bill:
1.Clarifies that an attorney-in fact under a general power
of attorney is not authorized to make health care
decisions for the principal.
2.Redefines"capacity" with respect to a person's ability to
understand, make, and communicate decisions, including
health care decisions.
3.Clarifies the duties and liabilities of an agent with
respect to funeral decisions.
4.Clarifies the authority of a "surrogate" rather than an
"agent" to make health care decisions if both were
appointed
5.Clarifies who may and may not make health care decisions
as a surrogate under the HCDL or an agent under a power
of attorney for health care.
6.Specifies use of a court petition to honor individual
health care instructions or to enforce health care
decisions by an agent or surrogate.
Background
California's HCDL was enacted in 1999 (AB 891, Alquist,
Chapter 658, Statutes of 1999), and became operative on
July 1, 2000. The HCDL provides for the creation, form, and
revocation of advance health care directives, and for the
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manner of making health care decisions for patients without
surrogates. While there were inconsistent and unclear
guidelines being used by the medical profession and the bar
before AB 891 was passed, the Act now provides uniform
statutory rules for determining succession to
decisionmaking in the case of an incapacitated person,
especially one who has no appointed surrogate.
Since it became operative last year, health care
institutions and professional groups that have begun to
implement the new law have uncovered several problems and
reported them to the California Law Revision Commission
(CLRC). This bill contains all of the CLRC's
recommendations for resolving those reported problems and
other minor issues.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/9/01)
National Senior Citizens Law Center
California Medical Association
American Association of Retired Persons - California
Protection and Advocacy, Inc.
ARGUMENTS IN SUPPORT : The miscellaneous revisions to the
HCDL proposed by the CLRC arose from a follow-up study of
the HCDL since it became effective July 1, 2000. The CLRC
states that the revisions are necessary to avoid unintended
consequences of the HCDL, and to clarify ambiguities that
have surfaced or that may cause problems later on.
ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Ashburn, Bates, Bogh, Briggs,
Calderon, Bill Campbell, John Campbell, Canciamilla,
Cardenas, Cardoza, Chan, Chavez, Cogdill, Cohn, Corbett,
Correa, Cox, Daucher, Diaz, Dickerson, Dutra, Firebaugh,
Florez, Goldberg, Harman, Havice, Hollingsworth, Horton,
Jackson, Keeley, Kehoe, Koretz, La Suer, Leach, Leslie,
Liu, Longville, Lowenthal, Maddox, Maldonado, Matthews,
Migden, Mountjoy, Nakano, Nation, Negrete McLeod,
Oropeza, Robert Pacheco, Rod Pacheco, Papan, Pavley,
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Pescetti, Reyes, Richman, Runner, Salinas, Shelley,
Simitian, Steinberg, Strickland, Strom-Martin, Thomson,
Vargas, Washington, Wayne, Wesson, Wiggins, Wyland,
Wyman, Zettel, Hertzberg
RJG:cm 7/6/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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