Maxwell

I. BACKGROUND

A. Relevant Facts In 1999, Trudy signed a durable power of attorney for health care, naming her husband, James H. Maxwell (husband), as her agent to make health care decisions. The document designated James III as her first alternate agent and Marybeth as the second alternate. Thereafter, Trudy signed an advance care directive in 2005, again naming her husband as her agent to make health care decisions. James III was again named as the first alternate, and Marybeth was the second alternate. In 2015, Trudy executed

1 All undesignated statutory references are to the Code of Civil

Procedure. 2 Harrod was decided while this appeal was pending. We requested and received supplemental briefing from both parties regarding its impact, if any, on this case.

2 the health care POA prepared under Probate Code section 4701 that is at issue in this case. Her husband was named as her agent for health care decisions for a third time. The POA defined health care decisions in accordance with the statute to include the authority to (1) “[c]onsent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental…