Legal Definition
(a) If the conservatee has been adjudicated to lack the capacity to make health care decisions, the conservator has the exclusive authority to make health care decisions for the conservatee that the conservator in good faith based on medical advice determines to be necessary. The conservator shall make health care decisions for the conservatee in accordance with the conservatee’s individual health care instructions, if any, and other wishes to the extent known to the conservator. Otherwise, the conservator shall make the decision in accordance with the conservator’s determination of the conservatee’s best interest. In determining the conservatee’s best interest, the conservator shall consider the conservatee’s personal values to the extent known to the conservator. The conservator may require the conservatee to receive the health care, whether or not the conservatee objects. In this case, the health care decision of the conservator alone is sufficient and no person is liable because the health care is administered to the conservatee without the conservatee’s consent. For the purposes of this subdivision, “health care” and “health care decision” have the meanings provided in Sections 4615 and 4617, respectively.
(b) If prior to the establishment of the conservatorship the conservatee was an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing, the treatment required by the conservator under the provisions of this section shall be by an accredited practitioner of that religion.
Basic Definition
Section 2355 This section gives a conservator exclusive authority to make healthcare decisions for a conservatee who lacks capacity, emphasizing alignment with the conservatee’s known values or best interests.
In-Depth Overview and Use Cases
Section 2355 empowers a conservator to make healthcare decisions for a conservatee if they have been adjudicated incapable of doing so. Decisions must reflect the conservatee’s personal health instructions or known values. If no specific guidance exists, the conservator must act in good faith, considering medical advice and the conservatee’s best interests. This may include overruling objections by the conservatee if deemed necessary. Additionally, for individuals practicing a religion reliant on prayer for healing, the section permits treatment by accredited religious practitioners. Common use cases include decisions regarding surgeries, life-sustaining treatment, or mental health care when the conservatee is incapacitated.
Application & Relevance
Section 2355 is integral in probate litigation involving disputes over healthcare decisions for incapacitated individuals. Attorneys may use this section to defend or challenge conservators’ decisions in cases where family members or other parties disagree with the care provided. It also highlights the need for clear legal boundaries and adherence to personal values in conservatorships.
Legal Scenario
Conservatorship & Guardianship
Probate Code Impact
This section empowers a conservator with exclusive authority to make healthcare decisions for a conservatee who lacks capacity, based on the conservatee’s known values or best interests. It’s vital in situations where the conservatee is incapacitated and medical decisions must be made.
Legal Scenario
Trust Litigation
Probate Code Impact
In trust litigation, Section 2355 may come into play if a dispute arises over the conservator’s authority to make healthcare decisions for a conservatee if the conservatee is the subject of a Special Needs Trust or the like, especially if family members disagree with the conservator’s choices or if the conservator’s actions are contested as being against the conservatee’s best interests.
