What is the standard for a waiver of a patient's right to be present?

mildly disoriented" and "very slow on the uptake." But on August 11, though counsel noted that Wall remained "mildly disoriented" and was "moving very slowly," counsel told the court that he had repeatedly discussed the right to be present and the significance of the waiver with Wall and that "Wall remains of the position that he is willing to waive his presence." Defense counsel and the court were well situated to determine whether Wall had the requisite capacity to waive his rights and understand the nature of the rights he was waiving. We have not required any higher standard for a waiver under similar circumstances. (See People v. Weaver (2001) 26 Cal.4th 876, 966967, 111 Cal.Rptr.2d 2, 29 P.3d 103 ( Weaver ).)