Prob. Code, § 1895 · Article 2. Capacity to Give Informed Consent for Medical Treatment
Prob. Code, § 1895
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The conservatee, the spouse, the domestic partner, a relative, or a friend of the conservatee, the conservator, or any other interested person may appear at the hearing to support or oppose the petition.
(b) Except where the conservatee is absent from the hearing and is not required to attend the hearing under the provisions of Section 1893 and any showing required by Section 1893 has been made, the court shall inform, before granting the petition, the conservatee of all of the following:
(1) The nature and purpose of the proceeding.
(2) The nature and effect on the conservatee’s basic rights of the order requested.
(3) The conservatee has the right to oppose the petition, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if not otherwise represented by legal counsel.
(c) After the court informs the conservatee of the matters listed in subdivision (b) and before granting the petition, the court shall consult the conservatee to determine the conservatee’s opinion concerning the order requested in the petition.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 420, Sec. 38. (AB 2960) Effective January 1, 2023.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1895.
- Text hash
- sha256 311bd6afb7fb07dc5ed10850420dd0406520654da2935843e20ecf1f2d51528c
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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Probate Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.