Humboldt County Adult Protective Services v. Superior Court

Two weeks after Mr. Magney was hospitalized and while he was receiving palliative care, the course recommended by his treating physician (and by his prior treating physician and consulting cardiologist) and desired by both Magney and his wife, Humboldt County Adult Protective Services filed a petition under the Health Care Decisions Law (Prob. Code, 4600), ex parte and without notice, to effectively revoke Magney‘s written advance care directive (the validity of which has never been questioned) by removing his wife as his designated agent for health care decisions and to compel medical treatment. Two weeks later, Humboldt obtained a temporary treatment order. Within days, Humboldt withdrew its petition and the trial court vacated the order, but denied Magney’s request for statutory attorney fees. The court of appeal reversed, noting “an appallingly inadequate evidentiary showing,” and “misleading the trial court both as to pertinent provisions of the Health Care Decisions Law and as to Mr. Magney‘s medical status.” Humboldt had no reasonable cause to proceed under the Health Care Decisions Law. View "Humboldt County Adult Protective Services v. Superior Court" on Justia Law