Get California Law Revision Commission Staff Memorandum Study L-4000 June 17, 1999 Memorandum 99-38

If a person lacks the capacity to make decisions, the physician and health care team will usually turn to the most appropriate decision-maker from close family or friends of the person.

If you lose capacity without advance directives, your loved ones may need to go to probate court and establish guardianship and conservatorship to gain legal authority over your medical and financial decisions.

If no power of attorney exists, decisions are typically made by next of kin, like a spouse or adult children. If family members are unavailable or don't agree, courts may appoint a legal guardian, which can delay important treatments.

(d) Length of memorandum Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. No reply or closing memorandum may exceed 10 pages.

In most states, when a patient is incapacitated and there is no living will or durable power of attorney to designate a decision-maker, healthcare providers generally follow the wishes of family members in a prescribed order of priority.

You can choose an adult relative or any other person you trust to speak for you when medical decisions must be made. WHEN DOES MY AGENT BEGIN MAKING MY MEDICAL DECISIONS? Usually, a healthcare agent will make decisions only after you lose the ability to make them yourself.