BILL ANALYSIS
AB 891
Page 1
Date of Hearing: May 19, 1999
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
AB 891 (Alquist) - As Amended: April 27, 1999
Policy Committee: JudiciaryVote:10
- 3
Urgency: No State Mandated Local
Program:YesReimbursable: No
SUMMARY
This bill revises current law governing health care decisions
for adults without decisionmaking capacity. In general, the bill
repeals provisions governing durable powers of attorney for
health care and the Natural Death Act, and revises and recasts
these provisions as part of a new Health Care Decisions Law. In
addition to numerous minor and technical changes, the bill:
1)Creates revised advance health care directives that authorize
an adult to make an oral or written "individual health care
instruction," appointing an agent through a power of attorney,
or both.
2)Creates a new "power of attorney for health care" (PAHC)
mechanism which continues many of the existing provisions
governing durable powers of attorney, except for the following
key changes:
Recommends, rather than requires, witnesses in order to
execute the instrument (unless the individual is a patient
in a skilled nursing facility at the time the advance
directive is executed, in which case the existing
requirement for either two witnesses or notarization is
maintained).
Deletes the requirement that a PAHC state the date of
its execution, consistent with current law governing wills
and trusts.
Deletes currently required warnings in favor of an
explanation of the purpose and effect of an advance health
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care directive, to be contained on a new suggested form.
Relaxes rules regarding modifications to advance
directives by specifying that a later advance directive
revokes a prior advance directive only to the extent the
two conflict.
1)Authorizes individuals to grant authority through a PAHC to a
designee to make decisions relating to the personal care of
the patient, including, but not limited to, determining where
the patient will live, providing meals, hiring household
employees, providing transportation, handling mail, and
arranging recreation and entertainment.
2)Specifies the authority of an agent becomes effective only on
a determination that the patient lacks capacity. The authority
ceases to be effective on a determination that the patient has
recovered capacity.
3)Requires an individual's primary physician to render
judgements regarding the existence of conditions governing an
advance health care instruction, such as whether the
individual has an incurable or irreversible condition, unless
the patient specifies otherwise.
4)Establishes judicial review procedures pertaining to PAHCs and
advance directives similar to those in current law, but
indicates that judicial intervention is "disfavored."
FISCAL EFFECT
1)No state costs.
2)The bill consolidates two misdemeanors into one. Accordingly,
any county enforcement costs would be minimal and are not
state-reimbursable.
COMMENTS
Purpose of the Bill . According to the sponsor, the California
Law Revision Commission, the bill is intended to establish
uniform standards governing health care decision-making for
adults without decision-making capacity. The original durable
power of attorney for health care was subject to a number of
restrictions that now are considered overly restrictive. It is
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currently recognized that overly restrictive execution
requirements for powers of attorney for health care can
interfere with accomplishing an individual's intent.