Legal Definition
(a) For purposes of a judicial determination, a person has the capacity to give informed consent to a proposed medical treatment if the person is able to do all of the following:
(1) Respond knowingly and intelligently to queries about that medical treatment.
(2) Participate in that treatment decision by means of a rational thought process.
(3) Understand all of the following items of minimum basic medical treatment information with respect to that treatment:
(A) The nature and seriousness of the illness, disorder, or defect that the person has.
(B) The nature of the medical treatment that is being recommended by the person’s health care providers.
(C) The probable degree and duration of any benefits and risks of any medical intervention that is being recommended by the person’s health care providers, and the consequences of lack of treatment.
(D) The nature, risks, and benefits of any reasonable alternatives.
(b) A person who has the capacity to give informed consent to a proposed medical treatment also has the capacity to refuse consent to that treatment.
Basic Definition
Section 813: This section defines the legal mental capacity required to give informed consent for medical treatment, including understanding risks, benefits, and alternatives.
In-Depth Overview and Use Cases
Section 813 establishes the criteria for determining whether an individual has the mental capacity to provide informed consent for medical treatment. This includes the ability to respond intelligently, participate in decision-making, and understand the risks and benefits of treatments or alternatives. Use cases involve disputes over medical decision-making authority, particularly in conservatorship or guardianship cases where capacity is contested. For example, a probate court may reference this section when determining whether a conservatee can consent to or refuse medical treatment.
Application & Relevance
Probate attorneys use Section 813 in cases involving disputes over an individual’s capacity to make medical or other decisions. It is particularly relevant in conservatorship matters, where the court must decide whether to appoint someone to make decisions on behalf of an incapacitated person. This code ensures clarity and fairness in determining capacity.
Legal Scenario
Trust Dementia, Incapacity & Undue Influence Claims
Probate Code Impact
Section 813 defines the criteria for determining whether a person has the mental capacity to give informed consent to medical treatment. This section is often used in combination with Section 812 (governing a person’s capacity to make decisions) in trust disputes where a person’s mental capacity is in question, such as in claims of undue influence or dementia affecting trust execution.
Legal Scenario
Conservatorship & Guardianship
Probate Code Impact
Section 813 is critical in conservatorship cases to determine if an individual can make medical decisions independently. If a person is deemed incapacitated, a conservator may be appointed to make decisions, including managing medical treatment. This section provides the standard for assessing mental capacity in these legal proceedings.
