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HomeEvidence CodeDiv. 8Ch. 4Art. 6§ 1005 Patient Competence Proceedings

§ 1005 Patient Competence Proceedings

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1005 Patient Competence Proceedings

Key Takeaways

  • •If a patient is in a court case about whether they can make their own decisions, this law doesn’t protect their private medical talks.
  • •Doctors or therapists might have to share what the patient told them in court.
  • •This only happens if the patient or someone for them starts the court case about their ability to make decisions.

Example

A person gets hurt in a car crash and their family thinks they can’t make good choices anymore.

If the family takes them to court to prove they can’t decide for themselves, the doctors have to tell the court what the person said, even if it’s private.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1005 Patient Competence Proceedings

There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

privilegeproceedingpatientcompetence

Related Statutes

  • § 1025 Patient Competence Proceedings
  • § 1003 Deceased Patient Property Disputes
  • § 983 Spousal Competence Proceedings
  • § 1000 Patient Communication Privilege Limits
  • § 1001 Physician-Patient Duty Breach

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1005.
View Official Source