California Civil Jury Instructions (CACI) (2017)

531. Consent on Behalf of Another

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531.Consent on Behalf of Another
In this case [name of patient] could not consent to the [insert medical
procedure] because [he/she] was [insert reason—e.g., a minor/incompetent/
unconscious]. In this situation, the law allows [name of authorized person]
to give consent on behalf of [name of patient].
You must decide whether [name of authorized person] consented to the
[insert medical procedure] performed on [name of patient].
New September 2003
Sources and Authority
• Parent Delegation of Right to Authorize Medical Care. Family Code section
6910.
• “If the patient is a minor or incompetent, the authority to consent is transferred
to the patient’s legal guardian or closest available relative.” (Cobbs v. Grant
(1972) 8 Cal.3d 229, 244 [104 Cal.Rptr. 505, 502 P.2d 1]; Farber v. Olkon
(1953) 40 Cal.2d 503, 509 [254 P.2d 520].)
Secondary Sources
5 Witkin, Summary of California Law (10th ed. 2005) Torts, §§ 389, 392
California Tort Guide (Cont.Ed.Bar 3d ed.) § 9.16
3 Levy et al., California Torts, Ch. 31, Liability of Physicians and Other Medical
Practitioners, § 31.14 (Matthew Bender)
6 California Forms of Pleading and Practice, Ch. 58, Assault and Battery, § 58.14
32 California Forms of Pleading and Practice, Ch. 365, Minors: Contract Actions,
§ 365.13; Ch. 366, Minors: Court Consent for Medical Care or Enlistment,
§ 366.10 (Matthew Bender)
34 California Forms of Pleading and Practice, Ch. 394, Parent and Child, § 394.54
(Matthew Bender)
36 California Forms of Pleading and Practice, Ch. 415, Physicians: Medical
Malpractice, § 415.13 (Matthew Bender)
33 California Legal Forms, Ch. 104, Health Care Transactions, Consents, and
Directives, § 104.11 (Matthew Bender)
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