California Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in California who cannot decide: an agent, a guardian, or California's default surrogate order. Runs in your browser; nothing is stored.

California law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in California

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

California's default surrogate order

This state names a group of people with no fixed order.

  1. Someone the patient named by telling the provider (lasts for the course of treatment or 60 days, whichever is shorter) (Ranks ahead of the agent only for that period)
  2. Agent under an advance health care directive or power of attorney for health care
  3. Conservator or guardian with health care authority
  4. Spouse or domestic partner (Unranked pool: the provider chooses whoever is appropriate)
  5. An adult child (Unranked pool)
  6. A parent (Unranked pool)
  7. An adult sibling (Unranked pool)
  8. An adult grandchild (Unranked pool)
  9. An adult relative or close personal friend (Unranked pool)
What it covers
Applies to any health care decision for a patient who lacks capacity.
If more than one person is in the same group
There is no ranked family order. If there is no agent, conservator or patient-named surrogate, the health care provider or a facility designee chooses one surrogate from the pool, as appropriate in the situation. The person chosen must have shown special care and concern, know the patient's values, and be available and willing.
Who decides the person cannot decide
Applies when the patient lacks capacity to make the decision. Section 4712 does not say who determines that.
Limits
  • The surrogate follows the patient's instructions and known wishes, otherwise best interest.
  • A patient with capacity can disqualify anyone, including family, in writing or by telling the provider.
  • A patient-named surrogate lasts only for the course of treatment, illness or stay, or 60 days, whichever is shorter.
  • A registered domestic partner has the same authority as a spouse.

Source: Cal. Prob. Code 4712 · Checked October 26, 2026

Next steps

Who decides in California without a power of attorney?

California's default surrogate law (Cal. Prob. Code 4712) names a group of people with no fixed order. Applies to any health care decision for a patient who lacks capacity.

California's default surrogate law in full

California's default surrogate order

This state names a group of people with no fixed order.

  1. Someone the patient named by telling the provider (lasts for the course of treatment or 60 days, whichever is shorter) (Ranks ahead of the agent only for that period)
  2. Agent under an advance health care directive or power of attorney for health care
  3. Conservator or guardian with health care authority
  4. Spouse or domestic partner (Unranked pool: the provider chooses whoever is appropriate)
  5. An adult child (Unranked pool)
  6. A parent (Unranked pool)
  7. An adult sibling (Unranked pool)
  8. An adult grandchild (Unranked pool)
  9. An adult relative or close personal friend (Unranked pool)
What it covers
Applies to any health care decision for a patient who lacks capacity.
If more than one person is in the same group
There is no ranked family order. If there is no agent, conservator or patient-named surrogate, the health care provider or a facility designee chooses one surrogate from the pool, as appropriate in the situation. The person chosen must have shown special care and concern, know the patient's values, and be available and willing.
Who decides the person cannot decide
Applies when the patient lacks capacity to make the decision. Section 4712 does not say who determines that.
Limits
  • The surrogate follows the patient's instructions and known wishes, otherwise best interest.
  • A patient with capacity can disqualify anyone, including family, in writing or by telling the provider.
  • A patient-named surrogate lasts only for the course of treatment, illness or stay, or 60 days, whichever is shorter.
  • A registered domestic partner has the same authority as a spouse.

Source: Cal. Prob. Code 4712 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in California if there is no power of attorney?

California's default surrogate law (Cal. Prob. Code 4712) names a group of people with no fixed order. Applies to any health care decision for a patient who lacks capacity. The full order, tie rule and limits are in Cal. Prob. Code 4712.

Does next of kin in California have authority over money?

No default surrogate law covers money. In California, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

California law checked against the official text on October 26, 2026.

Know someone who could use this? Share this free tool:

Share: