CHAPTER 1. Short Title and Definitions [4600. - 4643.]

Cal. Probate Code - PROB 1.
in effect

Cal. Probate Code - PROB § 4603. Section 4603.

Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.

Cal. Probate Code - PROB § 4605. Section 4605.

“Advance health care directive” or “advance directive” means either an individual health care instruction or a power of attorney for health care.

Cal. Probate Code - PROB § 4607. Section 4607.

(a) “Agent” means an individual designated in a power of attorney for health care to make a health care decision for the principal, regardless of whether the person is known as an agent or attorney-in-fact, or by some other term. (b) “Agent” includes a successor or alternate agent.

Cal. Probate Code - PROB § 4609. Section 4609.

“Capacity” means a person’s ability to understand the nature and consequences of a decision and to make and communicate a decision, and includes in the case of proposed health care, the ability to understand its significant benefits, risks, and alternatives.

Cal. Probate Code - PROB § 4611. Section 4611.

“Community care facility” means a “community care facility” as defined in Section 1502 of the Health and Safety Code.

Cal. Probate Code - PROB § 4615. Section 4615.

“Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient’s physical or mental health condition.

Cal. Probate Code - PROB § 4617. Section 4617.

(a) “Health care decision” means a decision made by a patient or the patient’s agent, conservator, or surrogate, regarding the patient’s health care, including the following: (1) Selection and discharge of health care providers and institutions. (2) Approval or disapproval of diagnostic tests, surgical procedures, and programs of medication, including mental health conditions. (3) Directions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation. (b) “Health care decision” does not include a decision made by a patient’s agent, conservator, or surrogate to consent to treatments identified in Section 4652.

Cal. Probate Code - PROB § 4619. Section 4619.

“Health care institution” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business.

Cal. Probate Code - PROB § 4621. Section 4621.

“Health care provider” means an individual licensed, certified, or otherwise authorized or permitted by the law of this state to provide health care in the ordinary course of business or practice of a profession.

Cal. Probate Code - PROB § 4623. Section 4623.

“Individual health care instruction” or “individual instruction” means a patient’s written or oral direction concerning a health care decision for the patient.

Cal. Probate Code - PROB § 4625. Section 4625.

“Patient” means an adult whose health care is under consideration, and includes a principal under a power of attorney for health care and an adult who has given an individual health care instruction or designated a surrogate.

Cal. Probate Code - PROB § 4627. Section 4627.

“Physician” means a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California.

Cal. Probate Code - PROB § 4629. Section 4629.

“Power of attorney for health care” means a written instrument designating an agent to make health care decisions for the principal.

Cal. Probate Code - PROB § 4631. Section 4631.

“Primary physician” means a physician designated by a patient or the patient’s agent, conservator, or surrogate, to have primary responsibility for the patient’s health care or, in the absence of a designation or if the designated physician is not reasonably available or declines to act as primary physician, a physician who undertakes the responsibility.

Cal. Probate Code - PROB § 4635. Section 4635.

“Reasonably available” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient’s health care needs.

Cal. Probate Code - PROB § 4637. Section 4637.

“Residential care facility for the elderly” means a “residential care facility for the elderly” as defined in Section 1569.2 of the Health and Safety Code.

Cal. Probate Code - PROB § 4639. Section 4639.

“Skilled nursing facility” means a “skilled nursing facility” as defined in Section 1250 of the Health and Safety Code.

Cal. Probate Code - PROB § 4641. Section 4641.

“Supervising health care provider” means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who has undertaken primary responsibility for a patient’s health care.

Cal. Probate Code - PROB § 4643. Section 4643.

“Surrogate” means an adult, other than a patient’s agent or conservator, authorized under this division to make a health care decision for the patient.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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