The delegation of health (including medical) related tasks and personal care tasks are dealt with specifically in the legislation of California.
INSERT HISTORY
Explain how five (5) of the 6 states work similarly, other than Florida (discreet instrument).
| State | Title | Legislation |
In <span style="color:purple;font-family:roboto (sans serif);font-size:16px;font-style:normal;">Illinois</span>, [legislation](https://wiki.powersofattorney.com/en/legislation#the-legislation-governs-powers-of-attorney-for-persons) is significantly intertwined with [legislation](https://wiki.powersofattorney.com/en/legislation#the-legislation-governs-powers-of-attorney-for-persons) applicable to *Powers of Attorney* for health care purposes, although the use of two separate documents is contemplated.[^260]
[^260]: The legislation in Illinois is somewhat intertwined, nonethelss separate documents are prescribed for [commercial](https://wiki.powersofattorney.com/en/terms#meaning-of-commercial) and ‘health' purposes.
Notably for example, in <span style="color:purple;font-family:roboto (sans serif);font-size:16px;font-style:normal;">Florida</span>:-
- [§709.2201](https://codes.findlaw.com/fl/title-xl-real-and-personal-property/fl-st-sect-709-2201.html) speaks of “health” care tasks being authorized to be performed under a *Power of Attorney* that might also include [commercial](https://wiki.powersofattorney.com/en/terms#meaning-of-commercial) purposes and
- the notion of a [durable](https://wiki.powersofattorney.com/e/en/aboutpoaimportance) *Power of Attorney* that authorizes an [agent](https://wiki.powersofattorney.com/en/termshealth#meaning-of-agent) to make health decisions is embraced that may or may not also include [commercial](https://wiki.powersofattorney.com/en/terms#meaning-of-commercial) purposes is embraced
- the notion of a 'health care decision maker' is also embraced in other instruments, such an *Advance Directive* recording the appointment of surrogate[^220]
<span style="color:purple;font-family:roboto (sans serif);font-size:16px;font-style:normal;">Florida</span>, is unusual in this respect as compared to the other five (5) of the [Six (6) Greater States](https://wiki.powersofattorney.com/en/introduction#ca-tx-ny-fl-il-and-pa), because in the other five (5) of the [Six (6) Greater States](https://wiki.powersofattorney.com/en/introduction#ca-tx-ny-fl-il-and-pa) a distinct instrument (for example, a [*Power of Attorney for Health Care*](https://wiki.powersofattorney.com/en/nutshellhealth#california) in <span style="color:darkblue;font-family:roboto (sans serif);font-size:16px;font-style:normal;">**California**</span>) is made available for the delegation of health care decisions, rather than enabling a *Power of Attorney* of a design able to be used for [commercial](https://wiki.powersofattorney.com/en/terms#meaning-of-commercial) purposes to include health related tasks, perhaps exclusively.
[^220]: See [§765.101](https://www.flsenate.gov/Laws/Statutes/2013/0765.101) of the Florida Statutes.
§4650 of the California Probate Code provides:
"The Legislature finds the following:
(a) In recognition of the dignity and privacy a person has a right to expect, the law recognizes that an adult has the fundamental right to control the decisions relating to his or her own health care, including the decision to have life-sustaining treatment withheld or withdrawn.
(b) Modern medical technology has made possible the artificial prolongation of human life beyond natural limits. In the interest of protecting individual autonomy, this prolongation of the process of dying for a person for whom continued health care does not improve the prognosis for recovery may violate patient dignity and cause unnecessary pain and suffering, while providing nothing medically necessary or beneficial to the person.
(c) In the absence of controversy, a court is normally not the proper forum in which to make health care decisions, including decisions regarding life-sustaining treatment."
§4651 of the California Probate Code provides:
"(a) Except as otherwise provided, this division applies to health care decisions for adults who lack capacity to make health care decisions for themselves.
(b) This division does not affect any of the following:
(1) The right of an individual to make health care decisions while having the capacity to do so.
(2) The law governing health care in an emergency.
(3) The law governing health care for unemancipated minors."
§4652 of the California Probate Code provides:
"This division does not authorize consent to any of the following on behalf of a patient:
(a) Commitment to or placement in a mental health treatment facility.
(b) Convulsive treatment (as defined in Section 5325 of the Welfare and Institutions Code ).
(c) Psychosurgery (as defined in Section 5325 of the Welfare and Institutions Code ).
(d) Sterilization.
(e) Abortion."
§4653 of the California Probate Code provides:
“Nothing in this division shall be construed to condone, authorize, or approve mercy killing, assisted suicide, or euthanasia. This division is not intended to permit any affirmative or deliberate act or omission to end life other than withholding or withdrawing health care pursuant to an Advance Health Care Directive, by a surrogate, or as otherwise provided, so as to permit the natural process of dying.”
§4654 of the California Probate Code provides:
"This division does not authorize or require a health care provider or health care institution to provide health care contrary to generally accepted health care standards applicable to the health care provider or health care institution."
§4655 of the California Probate Code provides:
"(a) This division does not create a presumption concerning the intention of a patient who has not made or who has revoked an Advance Health Care Directive.
(b) In making health care decisions under this division, a patient's attempted suicide shall not be construed to indicate a desire of the patient that health care be restricted or inhibited."
§4656 of the California Probate Code provides:
"Death resulting from withholding or withdrawing health care in accordance with this division does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity to the contrary."