CA AB2338

Allows patients to designate an adult surrogate to make health care decisions by personally informing a designee of the health care facility (in addition to the existing method of informing the supervising health care provider)

Establishes a priority order for legally recognized health care decisionmakers: (1) patient's surrogate under Section 4711, (2) agent under advance health care directive or power of attorney, and (3) conservator or guardian

Permits health care providers or health care facility designees to select a surrogate from specified family members and close personal friends if the patient lacks capacity and has no legally recognized health care decisionmaker

Requires any chosen surrogate to be an adult who has demonstrated special care and concern for the patient, is familiar with the patient's personal values and beliefs, and is reasonably available and willing to serve

Surrogate designations are effective for 60 days or the duration of treatment, whichever is shorter, and take priority over agents designated in powers of attorney during that period