There is no Physician-Patient Privilege in a proceeding to commit the patient or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition. (No privilege in a mental illness trial to prevent the introduction of testimony of doctors who have been appointed by the court, 35 Op.Atty.Gen. 226 (1960).)
Petitioners for conservatorship appointment must provide supplemental information regarding: the proposed conservatee's inability to provide for his physical health, food, clothing and shelter needs; the location for proposed conservatee residency; alternatives to conservatorship and why they are unavailable; health and social services provided to the proposed conservatee for the previous year; and the proposed conservatee's inability to handle his finances. Supplemental information shall be confidential and provided on a form separate from the actual petition.
If the proposed conservatee is an allegedly developmentally disabled adult, the petition must include the nature and degree of the alleged disability and whether the proposed limited conservatee is or is alleged to be developmentally disabled.
Judicial Council shall adopt an expedited procedure to authorize, by court order, a proposed conservatee's health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to HIPAA.
With regards to a court investigator’s report evaluating a conservatorship, confidential medical information about the conservatee will be sent as a separate attachment to the report to the conservator, attorneys of record for the conservator, conservatee, and the court. The confidential medical information will not be included in the copies of the report sent to the conservatee's spouse or registered domestic partner, and the conservatee's relatives.
A petition may be filed requesting that the court find a person incapable of supplying informed consent for medical treatment and assigning a conservator; the petition shall state facts showing that the order is appropriate.
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 determined to be necessary.
In order to determine whether a person is in substantial danger of abuse or neglect and needs a conservator, the public guardian or the county's adult protective services agency may petition for the court to order identified health care providers or organizations to provide private medical information about the person to the public guardian's authorized representatives.
In deciding whether a patient has the capacity to make a health care decision concerning an existing or continuing condition, the court may shorten or waive notice of the hearing. In determining the period of notice of the hearing to be required, the court shall take into account the existing medical facts and circumstances set forth in the petition, in a medical declaration attached to the petition, or in a medical declaration presented to the court.
Whenever a court orders a hearing terminating parental rights or establishing guardianship of children adjudged dependent children of court, the court shall direct the agency supervising the child and the licensed county adoption agency or the State Department of Social Services to prepare an assessment that includes an evaluation of the child's medical, developmental, scholastic, mental, and emotional status.
