Legal Opinion

Cal. Advocates for Nursing Home Reform v. Smith

California Court of Appeal, 5th District

Decided July 22, 2019No. A147987PublishedCited by 7 opinions

1Opinion of the CourtStreeter, J.

*644*849I. INTRODUCTION

Health and Safety Code section 1418.8 ( section 1418.8 ) sets forth procedures to be followed for nursing home residents who lack capacity to make their own health care decisions. Most of the affected residents are elderly, many are poor, and all may be described as "unbefriended" in the sense they are without family members, friends or other legal surrogates to make health care decisions for them. The statute requires an interdisciplinary team (IDT) approach to decisionmaking for these residents.

California Advocates for Nursing Home Reform (CANHR), a nonprofit entity…

2Cases cited51 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Goldberg v. KellySupreme Court of the United States · 1970
  4. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  5. Armstrong v. ManzoSupreme Court of the United States · 1965

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3Cited by7 opinions

  1. Cahill Construction Co., Inc. v. Superior CourtCalifornia Court of Appeal · 2021
  2. Cal. Dept. of Tax and Fee Administration v. Super. Ct.California Court of Appeal · 2020
  3. Doe v. KachruCalifornia Court of Appeal · 2025
  4. Malott v. Summerland Sanitary Dist.California Court of Appeal · 2020
  5. Reed v. Super. Ct.California Court of Appeal · 2025

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