Section 4472 - Decision Standards(a) The provisions under this section apply to those licensed fiduciaries acting in the capacity of a conservator, guardian, or agent under durable power of attorney for health care or for finances.(b) The licensee shall provide the consumer with every reasonable opportunity to exercise those individual choices that the consumer is capable of exercising.(c) When the licensee is making decisions on behalf of the consumer, the licensee shall use every reasonable good faith effort to ascertain the desires of the consumer prior to making any decisions, and shall make decisions therefore predicated on the ascertained desires of the consumer, unless doing so would violate the licensee's fiduciary duties to the consumer or impose an unreasonable expense on the estate.(d) If after every reasonable good faith effort the desires of the consumer cannot be ascertained or if exercising them would violate the licensee's fiduciary duties to the consumer or impose an unreasonable expense on the estate, the licensee shall make decisions that are in the best interest of the consumer.(e) Decisions made on behalf of the consumer shall take into consideration all known ethnic, religious, social and cultural values of the consumer whenever possible.Cal. Code Regs. Tit. 16, § 4472
1. New section filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-26-2007 order, including amendment of subsections (c) and (d), transmitted to OAL 4-24-2008 and filed 5-19-2008 (Register 2008, No. 21). Note: Authority cited: Sections 6517 and 6520, Business and Professions Code. Reference: Section 6520, Business and Professions Code.
1. New section filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-26-2007 order, including amendment of subsections (c) and (d), transmitted to OAL 4-24-2008 and filed 5-19-2008 (Register 2008, No. 21).