BILL NUMBER: AB 1363	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 24, 2006
	AMENDED IN ASSEMBLY  JANUARY 12, 2006
	AMENDED IN ASSEMBLY  JANUARY 9, 2006
	AMENDED IN ASSEMBLY  JANUARY 4, 2006
	AMENDED IN ASSEMBLY  AUGUST 29, 2005

INTRODUCED BY   Assembly Member Jones
   (Principal coauthors: Assembly Members Berg, Canciamilla, Frommer,
 Liu,     and Montanez
  Karnette,   Liu,   Montanez, 
 and Nunez  )
   (Coauthors: Assembly Members  Cohn,  
  Garcia,    
Klehs,     Laird, 
   Levine,   
 Pavley,   Chu,   Cohn,  
Garcia,   Klehs,   Laird,   Leno, 
 Levine,   Pavley,   Saldana,  and
Spitzer)

                        FEBRUARY 22, 2005

   An act to add Chapter 6 (commencing with Section 6500) to Division
3 of the Business and Professions Code, to amend Sections 1822,
1826, 1829, 1850, 1851, 2250, 2253, 2321, 2340, 2342, 2343, 2620,
2620.2, 2623, 2640, 2641, 2850, 2851, 2852, 2853, 2854, 2855, and
2920 of, to add Sections 1456, 1457, 1458, 2250.1, 2250.2 and 2410
to, and to repeal Sections 2342.5, 2344, and 2640.1 of, the Probate
Code, and to add Division 8.7 (commencing with Section 9800) to the
Welfare and Institutions Code, relating to conservatorship and
guardianship.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1363, as amended, Jones  Omnibus Conservatorship and
Guardianship Reform Act of 2006.
   Existing law governs the establishment of conservatorships and
guardianships. Existing law requires conservators and guardians to
present a biennial accounting of the assets of the conservatee or
ward and requires a biennial review of each conservatorship. Existing
law requires the Department of Justice to maintain a statewide
registry of conservators, guardians, and trustees. A court may not
appoint a person as a conservator, guardian, or trustee unless that
person is registered if he or she is required to do so.
   This bill would enact the Omnibus Conservatorship and Guardianship
Reform Act of 2006. The act would require professional conservators
and guardians to be licensed and would prohibit a court from
appointing nonlicensed professional conservators and guardians. The
bill would require the Department of Consumer Affairs to establish
and administer a licensing program for professional conservators and
guardians, as defined. The bill would establish educational and
training criteria for applicants for licensure. The bill would
require the department to establish a licensing board to administer
the program and to draft a fiduciaries' code of ethics. The bill
would require the board to establish a complaint committee that would
take disciplinary action, as appropriate, and make referrals to the
Attorney General for violations of the statute or a breach of
fiduciary duty. The bill would also remove conservators and guardians
from the provisions governing registry, and require that the
registry for trustees be maintained by the Department of Consumer
Affairs, rather than the Department of Justice.
   The bill would require the Judicial Council to adopt specified
rules of court relating to conservatorships and guardianships and to
enact educational programs for nonlicensed conservators and
guardians. The bill would also require the Judicial Council to
establish qualifications and educational classes for probate court
attorneys and investigators, to require educational classes for
probate judges and public guardians, to establish conservatorship
accountability measures, and to develop a form to provide notice
regarding free assistance provided by the court to conservators.
   The bill would also make various changes to provisions governing
conservatorship, including requiring an annual, rather than a
biennial, review of conservatorships at a noticed hearing, requiring
conservators and guardians to present an annual, rather than a
biennial, accounting, prohibiting a court from reducing the amount of
a bond in conservatorship proceedings without good cause, and
imposing new duties on court investigators with respect to cases
involving proposed conservatees, among other changes.
   The bill would establish in the California Department of Aging the
Office of Conservatorship Ombudsman to collect and analyze data
relative to complaints about conservatorships and to investigate and
resolve complaints and concerns communicated by or on behalf of
conservatees.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the Omnibus
Conservatorship and Guardianship Reform Act of 2006.
  SEC. 2.  The Legislature finds and declares the following:
   (a) California has the fastest growing population in the country,
and the rate of increase in the number of people who are 65 years of
age or older is surpassing that in other states. The number of people
who are 65 years of age will grow from 3.7 million people in the
year 2000, to 6.3 million in the year 2020. The fastest growing
segment of California's population, expected to increase by 148
percent between the years 1990 and 2020, is people who are 85 years
of age or older. As many as 10 percent of the population over 65
years of age and 25 percent of the population over 85 years of age
will suffer from Alzheimer's disease.
   (b) As the population of California continues to grow and age, an
increasing number of persons in the state are unable to provide
properly for their personal needs, to manage their financial
resources, or to resist fraud or undue influence.
   (c) One result of these trends is the growing number of persons
acting as conservators on behalf of other persons or their estates.
It is estimated that about 500 professional conservators oversee $1.5
billion in assets. Over 5,000 conservatorship petitions are filed
each year in California.
   (d) Probate courts oversee the work of conservators, but, in part
due to a lack of resources and conflicting priorities, courts often
do not provide sufficient oversight in conservatorship cases to
ensure that the best interests of conservatees are protected.
   (e) Professional fiduciaries are not adequately regulated at
present. This lack of regulation can result in the neglect, or the
physical or financial abuse, of the clients professional fiduciaries
are supposed to serve. For that reason, it is necessary to create a
program to license certain professional fiduciaries in order to
protect the public health, safety, and welfare.
   (f) Public guardians do not have adequate resources to represent
the best interests of qualifying Californians and, therefore, many in
need of the assistance of a conservator go without.
   (g) As a result, the conservatorship system in California is
fundamentally flawed and in need of reform.
  SEC. 3.  Chapter 6 (commencing with Section 6500) is added to
Division 3 of the Business and Professions Code, to read:
      CHAPTER 6.  PROFESSIONAL CONSERVATORS AND GUARDIANS ACT

   6500.  This chapter shall be known and may be cited as the
Professional Conservators and Guardians Act.
   6501.  As used in this chapter, the following terms have the
following meanings:
   (a) "Board" means the licensing board established by the
Department of Consumer Affairs pursuant to Section 6504.
   (b) "Client" means the individual served by a professional
conservator or guardian.
   (c) "Department" means the Department of Consumer Affairs.
   (d) "Professional conservator or guardian" means a person who, for
compensation, acts as a conservator or guardian for two or more
persons not related to the professional conservator or guardian or
each other by blood, adoption, or marriage, registered domestic
partnership, or a relationship that satisfies the requirements of
subdivision (a) and paragraphs (1) to (4), inclusive, and paragraph
(6) of subdivision (b) of Section 297 of the Family Code.
Professional conservator or guardian also means a person, employed by
a public agency or financial institution, acting as a conservator or
guardian, who makes substantive fiduciary decisions or supervises
persons who make substantive fiduciary decisions. A "professional
conservator or guardian" does not include the following:
   (1) Any conservator or guardian who is not required to file
information with the clerk of the court pursuant to Section 2340 of
the Probate Code, any person or entity subject to the oversight of a
local government, including an employee of a city, county, or city
and county, or any person or entity subject to the oversight of the
state or federal government, including an attorney licensed to
practice law in the State of California who acts as trustee of only
attorney client trust accounts, as defined in Section 6211.
   (2) Any conservator who resided in the same home with the
conservatee immediately prior to the condition or event that gave
rise to the necessity of a conservatorship. This subdivision does not
create any order or preference of appointment, but simply exempts a
conservator described by this subdivision from licensure.
   (3) A nonrelated guardian of the person of a minor appointed by
the court as the result of the selection of a permanency plan for a
dependent child or ward pursuant to Section 366.26 of the Welfare and
Institutions Code. It also does not include a nonrelated guardian of
the person of a minor appointed pursuant to Section 1514 of the
Probate Code if that child is in receipt of AFDC-FC payments and case
management services from the county welfare department, as evidenced
by a Notice of Action of AFDC-FC eligibility.
   6502.  A person applying for licensure as a professional
conservator or guardian shall meet all of the following requirements:

   (a) Be at least 21 years of age.
   (b) Be a United States citizen.
   (c) Have no felony convictions.
   (d) Have submitted fingerprints for state and Federal Bureau of
Investigation criminal history background checks.
   (e) Have completed the mandatory 15 hours of prelicensing
training.
   (f) Have passed the licensing examination.
   (g) Meet the qualifications for private professional conservators
or private professional guardians as required pursuant to Sections
2342.5, 2344, and 2850 provided that those professional conservators
and guardians with pending cases as of January 1, 2006, shall satisfy
the required qualifications.
   (h) Have agreed to adhere to the Professional Fiduciaries' Code of
Ethics.
   (i) Have submitted an application for licensure.
   (j) Have paid a nonrefundable application fee in an amount
determined by the boards that includes all costs associated with the
board, including investigatory costs.
   6503.  No person shall act as a professional conservator or
guardian unless that person is licensed as a professional conservator
or guardian in accordance with the provisions of this chapter. A
court shall not appoint a professional conservator or guardian to
serve unless that professional conservator or guardian is licensed. A
court shall not appoint a public agency or financial institution to
act as a conservator or guardian, unless the public agency or
financial institution certifies that it has at least one professional
conservator or guardian on its staff, and that all persons who meet
the definition of a professional conservator or guardian in
subdivision (d) of Section 6501 are licensed.
   6504.  The department shall establish a licensing board whose
membership shall be comprised of nine members selected by the
department. The members shall include four professional fiduciaries,
including one from the public sector who shall be a member of the
California State Association of Public Administrators, Public
Guardians, and Public Conservators, and two from the private sector
at least one of whom shall be a member of the Professional Fiduciary
Association of California. The remaining members shall include a
department employee, an employee of the Judicial Council of
California, a court investigator, a member of the State Bar of
California who is certified as a specialist in probate, estate
planning, and trust law, and the Conservator Ombudsman.
   6505.  (a) Except as otherwise specified in Section 6508, the
board shall be responsible for administering the licensing program
established in this chapter.
   (b) The board shall meet at least quarterly to vote to approve or
deny licensure to those applicants recommended to the board by the
department. If the board approves the application for licensure, it
shall notify the department, which shall notify the applicant and
forward the applicant's name as a licensee to the statewide registry.
The department shall provide the licensee with a certificate
identifying him or her as a "licensed professional conservator or
guardian." If the board denies the application for licensure, it
shall notify the department, which shall give the applicant notice of
the denial and the right to appeal that denial to the board.
   (c) The board shall approve classes qualifying for the 15 hours of
prelicense training, as well as classes qualifying for the annual
continuing education requirement established by this chapter.
   (d) The board shall maintain a current list of all approved
classes.
   (e) The board shall arrange for the preparation and administration
of licensing examinations.
   (f) The board shall establish a complaint committee, comprised of
three of its members, which shall receive complaints regarding the
actions of a professional conservator or guardian. The complaint
committee shall review a professional conservator or guardian's
alleged violation of statute or the Professional Fiduciary's Code of
Ethics, and any other complaint referred to it by the department, and
shall impose sanctions or refer to the Attorney General for further
prosecution upon a finding of a violation or a breach of fiduciary
duty. Sanctions shall include any of the following:
   (1) Censure, either private or public.
   (2) Suspension of the professional conservator or guardian's
license.
   (3) Revocation of the professional conservator or guardian's
license.
   (4) Filing of a civil or criminal court action, or both, by the
Attorney General, as appropriate.
   (g) If the complaint committee imposes any of the sanctions listed
in paragraph (1), (2), or (3) of subdivision (f), it shall notify
the licensee in writing of the imposition of the sanctions, and of
the licensee's right to appeal the imposition of those sanctions
within 60 days of the receipt of the notice of the imposition of
sanctions and shall notify all courts in which the license has
conservatorships or guardianship cases of the sanction imposed.
   (h) The board shall set the fees to be paid for the licensing
application and examination, as well as the fee to be paid for
license renewal. The cost shall not be borne by the conservatee or
ward.
   6506.  Board members shall be volunteers and shall not be
compensated for serving, but shall be reimbursed for expenses
incurred in the performance of their duties. Fees collected for the
license applications and renewals, as well as the licensing
examination, shall be deposited in the Professional Fiduciary Fund in
the State Treasury, which is hereby created. The money in the fund,
upon appropriation, shall be used to defray board expenses.
   6507.  Board members shall be immune from liability for any act
taken pursuant to this chapter, provided that they have acted in good
faith.
   6508.  The department shall review all applications for licensure
and refer those recommended for approval to the board. The department
shall not recommend approval for any applicant who comes within any
of the following descriptions:
   (a) Has not met the qualifications for licensure under this
chapter.
   (b) Has been convicted of any crime related to the functions and
duties of a fiduciary.
   (c) Engages in fraud or deceit in applying for licensure under
this chapter.
   (d) Has been found to have engaged in dishonesty, fraud, or gross
negligence in performing the functions or duties of a professional
conservator or guardian prior to the effective date of this chapter.

   (e) Has been removed as a fiduciary by a court for breach of
fiduciary duty prior to the effective date of this chapter, and all
appeals have been taken, or the time to file an appeal has expired.
   6509.  (a) To qualify for licensure, applicants shall have
completed 15 hours of prelicensing education provided by a
board-approved educational program.
   (b) To remain licensed, a licensee shall complete 15 hours of
approved continuing education courses each year, and shall pay the
annual renewal fee set by the board. Completion of 15 hours of
approved continuing education courses shall not be required in the
year in which the professional conservator or guardian is initially
licensed.
   (c) The cost of any educational program mandated by this chapter
shall not be borne by any client served by a professional conservator
or guardian.
   6510.  As a requirement for licensure, applicants shall take and
pass the licensing examination administered by the board. The board
shall determine the cost of the examination, and the frequency with
which it shall be administered.
   6511.  An applicant notified of the denial of his or her
application for licensure shall have the right to appeal to the
board. The appeal shall be filed within 60 days of the date of the
notice of denial.
   6512.  A person who has been notified of the approval of his or
her application for licensure may identify himself or herself as a
"licensed professional conservator or guardian."
   6513.  Individuals, entities, agencies, and associations that
propose to offer educational programs qualifying for the prelicensing
educational or continuing educational requirements of this chapter
shall apply for, and obtain approval by the board.
   6514.  (a) Licenses shall expire on December 31 of each year,
except in the year a person is initially licensed, in which case the
license expires on December 31 of the following year.
   (b) A license may be renewed upon proof of the licensee's
compliance with the continuing education requirements of this
chapter, and payment of the renewal fee set by the board, provided
that the licensee has not engaged in conduct that would justify the
board's refusal to grant the renewal. Acts justifying the board's
refusal to renew a license shall include any of the following:
   (1) Conviction of any crime related to the qualifications,
functions, and duties of a professional conservator or guardian.
   (2) Fraud or deceit in obtaining a license under this chapter.
   (3) Dishonesty, fraud, or gross negligence of the professional
conservator or guardian in performing the functions or duties of a
professional conservator or guardian.
   (4) Removal by a court for breach of fiduciary duty, if all
appeals have been taken, or the time to file an appeal has expired.
   6515.  The department shall perform an initial review of a
complaint, and shall do one of the following:
   (a) Determine that the complaint is not adequately documented, in
which case, it shall return the complaint to the complainant with
direction to provide further documentation.
   (b) Determine that the complaint appears to be frivolous, in which
case, it shall forward the complaint to the complaint committee with
the recommendation that the complaint be dismissed as frivolous.
   (c) Determine that the complaint relates to a specific case, and
is either currently under review by the court, or has not yet been
presented to a court for resolution, in which case the complaint
shall be returned to the complainant for initial resolution by the
court.
   (d) If the department, after investigation, determines that the
complaint appears to be meritorious, it shall notify the complaint
committee and the Attorney General in writing of the complaint and
shall recommend disciplinary action. The complaint committee shall
notify the professional conservator or guardian in writing of the
complaint, and shall request a response with supporting documentation
by a specified date.
   (e) Each complaint that is referred to the complaint committee for
investigation, shall be simultaneously and jointly assigned to an
investigator in the Attorney General's office responsible for
prosecuting the case if the investigation results in a court filing
against the conservator. The assignment of the investigator shall
exist for the duration of the disciplinary matter. During the
assignment, the investigator so assigned shall, under the direction
of a deputy attorney general, be responsible for obtaining the
evidence required to permit the Attorney General to advise the board
on legal matters such as whether a formal complaint should be filed,
the complaint should be dismissed for a lack of evidence required to
meet the applicable burden of proof, or take other appropriate legal
action.
   (f) The board, the Department of Consumer Affairs, and the
Attorney General shall, if necessary, enter into an interagency
agreement to implement this section.
   6516.  The board shall draft the Professional Fiduciaries' Code of
Ethics. Copies of the Professional Fiduciaries' Code of Ethics shall
be provided to persons who request an application for licensure. The
board may amend the Professional Fiduciaries' Code of Ethics from
time to time, as it deems necessary, provided that no amendment shall
be effective until the next annual renewal of a professional
conservator or guardian's license. Any amendment to the Professional
Fiduciaries' Code of Ethics shall be included in the license renewal
materials sent to the licensee.
  SEC. 4.  Section 1456 is added to the Probate Code, to read:
   1456.  (a) On or before July 1, 2007, the Judicial Council shall
adopt a rule of court that shall do all of the following:
   (1) Specifies the qualifications of a probate court attorney and
investigator.
   (2) Specifies the number of hours of education in classes related
to conservatorships or guardianships that a probate judge, probate
court attorney, probate court investigator and public guardian shall
complete each year.
   (3) Specifies the particular subject matter that shall be included
in the education required each year.
   (4) Requires a probate judge, probate court attorney, probate
court investigator and public guardian to certify to the court the
completion of the yearly specified hours of education.
   (b) In formulating the rule required by this section, the Judicial
Council shall consult with interested parties, including, but not
limited to, the California Judges Association, the California
Association of Superior Court Investigators, California State
Association of Public Administrators, Public Guardians, and Public
Conservators, the California Bar Association, the National
Guardianship Association, and the Association of Professional
Geriatric Care Managers.
  SEC. 5.  Section 1457 is added to the Probate Code, to read:
   1457.  In order to assist relatives and friends who may seek
appointment as a nonprofessional conservator or guardian:
   (a) The Judicial Council shall develop a short educational program
of no more than three hours and shall make that program available
free of charge to each conservator and guardian who is not required
to be licensed as a professional conservator or guardian pursuant to
Chapter 6 (commencing with Section 6500) of Division 3 of the
Business and Professions Code. The program may be available by video
or Internet access in addition to in-person access.
   (b) Each probate court shall provide free assistance to
conservators and guardians who are not required to be licensed as
professional conservators or guardians pursuant to Chapter 6
(commencing with Section 6500) of Division 3 of the Business and
Professions Code in understanding the conservatorship or guardianship
court process and in completing necessary court forms.
  SEC. 6.  Section 1458 is added to the Probate Code, to read:
   1458.  (a) On or before January 1, 2007, the Judicial Council
shall develop conservatorship accountability measures for use by each
court. The measures shall include at a minimum:
   (1) The number of temporary conservatorships requested and the
number granted, noting the number of hearings in which notice was
waived, the number of hearings in which the proposed conservatee
attended the hearing, the number of contested hearings, and whether
the proposed conservator was a professional conservator, the public
guardian, or a family and friend not required to register under
Chapter 6 (commencing with Section 6500) of Division 3 of the
Business and Professions Code.
   (2) The number of permanent conservatorships requested and the
number granted, noting the number of hearings in which the proposed
conservatee attended the hearing, the number of contested hearings,
and whether the proposed conservator was a professional conservator,
the public guardian, or a family member or friend not required to
register under Chapter 6 (commencing with Section 6500) of Division 3
of the Business and Professions Code.
   (3) The number of accountings filed (A) over 30 days late and (B)
over 90 days late.
   (b) Each court shall collect conservatorship accountability data
and report that data to Judicial Council every quarter. The Judicial
Council shall report that data annually to the Legislature.
  SEC. 7.  Section 1822 of the Probate Code is amended to read:
   1822.  (a) At least 15 days before the hearing on the petition for
appointment of a conservator, notice of the time and place of the
hearing shall be given as provided in this section. The notice shall
include information about free assistance provided by the court to
conservators pursuant to Section 1457 and about the complaint process
available through the Conservator Ombudsman established pursuant to
Section 9800 of the Welfare and Institutions Code.  The notice shall
be accompanied by a copy of the petition. The court may not shorten
the time for giving the notice of hearing under this section.
   (b) Notice shall be mailed to the following persons:
   (1) The spouse, if any, or domestic partner, if any, of the
proposed conservatee at the address stated in the petition.
   (2) The relatives named in the petition at their addresses stated
in the petition.
   (c) If notice is required by Section 1461 to be given to the
Director of Mental Health or the Director of Developmental Services,
notice shall be mailed as so required.
   (d) If the petition states that the proposed conservatee is
receiving or is entitled to receive benefits from the Veterans
Administration, notice shall be mailed to the office of the Veterans
Administration referred to in Section 1461.5.
   (e) If the proposed conservatee is a person with developmental
disabilities, at least 30 days before the day of the hearing on the
petition, the petitioner shall mail a notice of the hearing and a
copy of the petition to the regional center identified in Section
1827.5.
   (f) The Judicial Council shall, on or before July 1, 2007, develop
a form to effectuate the notice required in subdivision (a).
  SEC. 8.  Section 1826 of the Probate Code is amended to read:
   1826.  Regardless of whether the proposed conservatee attends the
hearing, the court investigator shall do all of the following:
   (a) Interview the proposed conservatee personally.
   (b) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the proceeding, and
of the right of the proposed conservatee to oppose the proceeding, to
attend the hearing, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
   (c) Determine whether it appears that the proposed conservatee is
unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.
   (d) Review the allegations of the petition as to why the
appointment of the conservator is required and, in making his or her
determination, do the following:
   (1) Refer to the supplemental information form submitted by the
petitioner and consider the facts set forth in the form that address
each of the categories specified in paragraphs (1) to (5), inclusive,
of subdivision (a) of Section 1821.
   (2) Consider, to the extent practicable, whether he or she
believes the proposed conservatee suffers from any of the mental
function deficits listed in subdivision (a) of Section 811 that
significantly impairs the proposed conservatee's ability to
understand and appreciate the consequences of his or her actions in
connection with any of the functions described in subdivision (a) or
(b) of Section 1801 and identify the observations that support that
belief.
   (e) Determine whether the proposed conservatee wishes to contest
the establishment of the conservatorship.
   (f) Determine whether the proposed conservatee objects to the
proposed conservator or prefers another person to act as conservator.

   (g) Determine whether the proposed conservatee wishes to be
represented by legal counsel and, if so, whether the proposed
conservatee has retained legal counsel and, if not, the name of an
attorney the proposed conservatee wishes to retain.
   (h) Determine whether the proposed conservatee is capable of
completing an affidavit of voter registration.
   (i) To the greatest extent possible, personally interview the
relatives of the proposed conservatee set forth in subdivision (b) of
Section 1821 before the hearing.
   (j) If the proposed conservatee has not retained legal counsel,
determine whether the proposed conservatee desires the court to
appoint legal counsel.
   (k) Determine whether the appointment of legal counsel would be
helpful to the resolution of the matter or is necessary to protect
the interests of the proposed conservatee in any case where the
proposed conservatee does not plan to retain legal counsel and has
not requested the appointment of legal counsel by the court.
   (l) Report to the court in writing, at least five days before the
hearing, concerning all of the foregoing, including the proposed
conservatee's express communications concerning both of the
following:
   (1) Representation by legal counsel.
   (2) Whether the proposed conservatee is not willing to attend the
hearing, does not wish to contest the establishment of the
conservatorship, and does not object to the proposed conservator or
prefer that another person act as conservator.
   (m)  Mail, at least five days before the hearing, a copy of the
report referred to in subdivision (k) to all of the following:
   (1) The attorney, if any, for the petitioner.
   (2) The attorney, if any, for the proposed conservatee.
   (3) Any other persons as the court orders.
   (n) The court investigator has discretion to release the report
required by this section to the public conservator, interested public
agencies, and the long-term care ombudsman.
                                        (o) The report required by
this section is confidential and shall be made available only to
parties, persons given notice of the petition who have requested this
report or who have appeared in the proceedings, their attorneys, and
the court. The court has discretion at any other time to release the
report, if it would serve the interests of the conservatee. The
clerk of the court shall provide for the limitation of the report
exclusively to persons entitled to its receipt.
   (p) This section does not apply to a proposed conservatee who has
personally executed the petition for conservatorship, or one who has
nominated his or her own conservator, if he or she attends the
hearing.
   (q) If the court investigator has performed an investigation
within the preceding six months and furnished a report thereon to the
court, the court may order, upon good cause shown, that another
investigation is not necessary or that a more limited investigation
may be performed.
  SEC. 9.  Section 1829 of the Probate Code is amended to read:
   1829.  (a) Any of the following persons may appear at the hearing
to support or oppose the petition:
   (1) The proposed conservatee.
   (2) The spouse or domestic partner of the proposed conservatee.
   (3) A relative of the proposed conservatee.
   (4) Any interested person or friend of the proposed conservatee.
   (b) The court shall inform any of the persons set forth in (a) who
appear at the hearing about the free assistance provided by the
court conservators pursuant to Section 1457.
  SEC. 10.  Section 1850 of the Probate Code is amended to read:
   1850.  (a) Except as provided in subdivision (b), each
conservatorship initiated pursuant to this part shall be reviewed by
the court at a noticed hearing six months after the appointment of
the conservator and annually thereafter.
   (b) Notice of the hearing shall be provided to all persons listed
in subdivision (b) of Section 1822.
   (c) This chapter does not apply to either of the following:
   (1) A conservatorship for an absentee as defined in Section 1403.

   (2) A conservatorship of the estate for a nonresident of this
state where the conservatee is not present in this state.
  SEC. 11.  Section 1851 of the Probate Code is amended to read:
   1851.  (a) When court review is required, the court investigator
shall, without prior notice to the conservator, visit the
conservatee. The court investigator shall inform the conservatee
personally that the conservatee is under a conservatorship and shall
give the name of the conservator to the conservatee. The court
investigator shall determine whether the conservatee wishes to
petition the court for termination of the conservatorship, whether
the conservatee is still in need of the conservatorship, whether the
present conservator is acting in the best interests of the
conservatee, and whether the conservatee is capable of completing an
affidavit of voter registration. If the court has made an order under
Chapter 4 (commencing with Section 1870), the court investigator
shall determine whether the present condition of the conservatee is
such that the terms of the order should be modified or the order
revoked.
   (b) The findings of the court investigator, including the facts
upon which the findings are based, shall be certified in writing to
the court not less than 15 days prior to the date of review. A copy
of the report shall be mailed to the conservator and to the attorneys
of record for the conservator and conservatee at the same time it is
certified to the court.
   (c) In the case of a limited conservatee, the court investigator
shall make a recommendation regarding the continuation or termination
of the limited conservatorship.
   (d) The court investigator may personally visit the conservator
and other persons as may be necessary to determine whether the
present conservator is acting in the best interests of the
conservatee.
   (e) The report required by this section shall be confidential and
shall be made available only to parties, persons given notice of the
petition who have requested the report or who have appeared in the
proceeding, their attorneys, and the court. The court shall have
discretion at any other time to release the report if it would serve
the interests of the conservatee. The clerk of the court shall make
provision for limiting disclosure of the report exclusively to
persons entitled thereto under this section.
  SEC. 12.  Section 2250 of the Probate Code is amended to read:
   2250.  (a) On or after the filing of a petition for appointment of
a guardian or conservator, any person entitled to petition for
appointment of the guardian or conservator may file a petition for
appointment of:
   (1) A temporary guardian of the person or estate or both.
   (2) A temporary conservator of the person or estate or both.
   (b) The petition shall state facts which establish good cause for
appointment of the temporary guardian or temporary conservator. The
court, upon that petition or other showing as it may require, may
appoint a temporary guardian of the person or estate or both, or a
temporary conservator of the person or estate or both, to serve
pending the final determination of the court upon the petition for
the appointment of the guardian or conservator.
   (c) Unless the court for good cause otherwise orders, not less
than five days before the appointment of the temporary guardian or
temporary conservator, notice of the proposed appointment shall be
personally delivered to the proposed ward if 12 years of age or older
or to the proposed conservatee, to the parent or parents if the
proposed ward is a minor, and to any person having a valid visitation
order with the proposed ward that was effective at the time of the
filing of the petition. In a proceeding for temporary guardianship of
the person, evidence that a custodial parent has died or become
incapacitated and that the petitioner is the nominee of the custodial
parent may constitute good cause for the court to order that this
notice not be delivered. On or before July 1, 2007, the Judicial
Council shall adopt a rule of court that shall establish uniform
standards for good cause exceptions to the notice required by this
subdivision, limiting those exceptions to only cases when waiver of
the notice is essential to protect the proposed conservatee or ward
or the estate of the proposed conservatee or ward from irreparable
harm.
   (d) If a temporary guardianship is granted ex parte and the
hearing on the general guardianship petition is not to be held within
15 days of the granting of the temporary guardianship, the court
shall set a hearing within 15 days to reconsider the temporary
guardianship. Notice of the hearing for reconsideration of the
temporary guardianship shall be provided pursuant to Section 1511,
except that the court may for good cause shorten time for notice of
the hearing.
   (e) Visitation orders with the proposed ward granted prior to the
filing of a petition for temporary guardianship shall remain in
effect, unless for good cause the court orders otherwise.
   (f) One petition may request the appointment of a guardian or
conservator and also the appointment of a temporary guardian or
conservator or these appointments may be requested in separate
petitions.
   (g) If the court suspends powers of the guardian or conservator
under Section 2334 or 2654 or under any other provision of this
division, the court may appoint a temporary guardian or conservator
to exercise those powers until the powers are restored to the
guardian or conservator or a new guardian or conservator is
appointed.
   (h) If for any reason a vacancy occurs in the office of guardian
or conservator, the court, on a petition filed under subdivision (a)
or on its own motion, may appoint a temporary guardian or conservator
to exercise the powers of the guardian or conservator until a new
guardian or conservator is appointed.
  SEC. 13.  Section 2250.1 is added to the Probate Code, to read:
   2250.1.  (a) The proposed temporary conservatee shall attend the
hearing except in the following cases:
   (1) If the proposed temporary conservatee is out of the state when
served and is not the petitioner.
   (2) If the proposed temporary conservatee is unable to attend the
hearing by reason of medical inability.
   (3) If the court investigator has visited the proposed conservatee
prior to the hearing and the court investigator has reported to the
court that the proposed temporary conservatee has expressly
communicated that  the proposed conservatee  all of
the following  apply  :
   (A)  Is   The proposed conservatee is 
not willing to attend the hearing.
   (B)  Does   The proposed conservatee does
 not wish to contest the establishment of the temporary
conservatorship.
   (C)  Does   The   proposed
conservatee does  not object to the proposed temporary
conservator or prefer that another person act as temporary
conservatee need not attend the hearing.
   (4) If the court determines that the proposed conservatee cannot
attend the hearing, and holding the hearing in the absence of the
proposed conservatee is necessary to protect the conservatee from
imminent harm.
   (b) Emotional or psychological instability is not good cause for
the absence of the proposed temporary conservatee from the hearing
unless, by reason of that instability, attendance at the hearing is
likely to cause serious and immediate physiological damage to the
proposed temporary conservatee.
  SEC. 14.  Section 2250.2 is added to the Probate Code, to read:
   2250.2.  (a) Regardless of whether the proposed temporary
conservatee attends the hearing, the court investigator shall do all
of the following prior to the hearing, or, if not feasible before the
hearing, in no event later than 48 hours after the hearing:
   (1) Interview the proposed conservatee personally.
   (2) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the proceeding, and
of the right of the proposed conservatee to oppose the proceeding, to
attend the hearing, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
   (3) Determine whether it appears that the proposed conservatee is
unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.
   (4) Determine whether the proposed conservatee wishes to contest
the establishment of the conservatorships.
   (5) Determine whether the proposed conservatee objects to the
proposed conservator or prefers another person to act as conservator.

   (6) Report to the court, in writing, concerning all of the
foregoing.
   (b) If the investigator does not visit the conservatee until after
the hearing at which a conservator was appointed, and the
conservatee objects to the appointment of the temporary conservator,
the court shall set the matter for an expedited hearing within 10
days of the investigator's visit.
  SEC. 15.  Section 2253 of the Probate Code is amended to read:
   2253.  (a) If a temporary conservator of the person proposes to
fix the residence of the conservatee at a place other than that where
the conservatee resided prior to the commencement of the
proceedings, that power shall be requested of the court in writing,
unless the change of residence is required of the conservatee by a
prior court order. The request shall be filed with the petition for
temporary conservatorship or, if a temporary conservatorship has
already been established, separately. The request shall specify in
particular the place to which the temporary conservator proposes to
move the conservatee, and the precise reasons why it is believed that
the conservatee will suffer irreparable harm if the change of
residence is not permitted, and why no means less restrictive of the
conservatee's liberty will suffice to prevent that harm.
   (b) Unless the court for good cause orders otherwise, the court
investigator shall do all of the following:
   (1) Interview the conservatee personally.
   (2) Inform the conservatee of the nature, purpose, and effect of
the request made under subdivision (a), and of the right of the
conservatee to oppose the request, attend the hearing, be represented
by legal counsel if the conservatee so chooses, and to have legal
counsel appointed by the court if unable to obtain legal counsel.
   (3) Determine whether the conservatee is unable to attend the
hearing because of medical inability and, if able to attend, whether
the conservatee is willing to attend the hearing.
   (4) Determine whether the conservatee wishes to oppose the
request.
   (5) Determine whether the conservatee wishes to be represented by
legal counsel at the hearing and, if so, whether the conservatee has
retained legal counsel and, if not, the name of an attorney the
proposed conservatee wishes to retain or whether the conservatee
desires the court to appoint legal counsel.
   (6) If the conservatee does not plan to retain legal counsel and
has not requested the appointment of legal counsel by the court,
determine whether the appointment of legal counsel would be helpful
to the resolution of the matter or is necessary to protect the
interests of the conservatee.
   (7) Determine whether the proposed change of place of residence is
required to prevent irreparable harm to the conservatee and whether
no means less restrictive of the conservatee's liberty will suffice
to prevent that harm.
   (8) Report to the court in writing, at least two days before the
hearing, concerning all of the foregoing, including the conservatee's
express communications concerning representation by legal counsel
and whether the conservatee is not willing to attend the hearing and
does not wish to oppose the request.
   (c) Within seven days of the date of filing of a temporary
conservator's request to remove the conservatee from his or her
previous place of residence, the court shall hold a hearing on the
request.
   (d) The conservatee shall be present at the hearing except in the
following cases:
   (1) Where the conservatee is unable to attend the hearing by
reason of medical inability. Emotional or psychological instability
is not good cause for the absence of the conservatee from the hearing
unless, by reason of that instability, attendance at the hearing is
likely to cause serious and immediate physiological damage to the
conservatee.
   (2) Where the court investigator has reported to the court that
the conservatee has expressly communicated that the conservatee is
not willing to attend the hearing and does not wish to oppose the
request, and the court makes an order that the conservatee need not
attend the hearing.
   (e) If the conservatee is unable to attend the hearing because of
medical inability, that inability shall be established (1) by the
affidavit or certificate of a licensed medical practitioner or (2) if
the conservatee is an adherent of a religion whose tenets and
practices call for reliance on prayer alone for healing and is under
treatment by an accredited practitioner of that religion, by the
affidavit of the practitioner. The affidavit or certificate is
evidence only of the conservatee's inability to attend the hearing
and shall not be considered in determining the issue of need for the
establishment of a conservatorship.
   (f) At the hearing, the conservatee has the right to be
represented by counsel and the right to confront and cross-examine
any witness presented by or on behalf of the temporary conservator
and to present evidence on his or her own behalf.
   (g) The court may approve the request to remove the conservatee
from the previous place of residence only if the court finds (1) that
change of residence is required to prevent irreparable harm to the
conservatee and (2) that no means less restrictive of the conservatee'
s liberty will suffice to prevent that harm. If an order is made
authorizing the temporary conservator to remove the conservatee from
the previous place of residence, the order shall specify the specific
place wherein the temporary conservator is authorized to place the
conservatee. The temporary conservator may not be authorized to
remove the conservatee from this state unless it is additionally
shown that such removal is required to permit the performance of
specified nonpsychiatric medical treatment, consented to by the
conservatee, which is essential to the conservatee's physical
survival. A temporary conservator who willfully removes a temporary
conservatee from this state without authorization of the court is
guilty of a felony.
   (h) Subject to subdivision (e) of Section 2252, the court shall
also order the temporary conservator to take all reasonable steps to
preserve the status quo concerning the conservatee's previous place
of residence.
  SEC. 16.  Section 2321 of the Probate Code is amended to read:
   2321.  (a) Notwithstanding any other provision of law, the court
in a conservatorship proceeding may not waive the filing of a bond or
reduce the amount of bond required, without a good cause
determination by the court which shall include a determination by the
court that the conservator will not suffer harm as a result of the
waiver or reduction of the board. Good cause may not be established
merely by the conservator having filed a bond in another or prior
proceeding.
   (b) In a conservatorship proceeding, where the conservatee, having
sufficient capacity to do so, has waived the filing of a bond, the
court in its discretion may permit the filing of a bond in an amount
less than would otherwise be required under Section 2320.
  SEC. 17.  Section 2340 of the Probate Code is amended to read:
   2340.  (a) A superior court shall not appoint a professional
conservator guardian or permit any person to serve as a professional
conservator or professional guardian pursuant to Chapter 5
(commencing with Section 2350) or Chapter 6 (commencing with Section
2400), unless the professional conservator or guardian is licensed by
the Department of Consumer Affairs pursuant to Chapter 6 (commencing
with Section 6500) of Division 3 of the Business and Professions
Code. If a conservator or guardian is exempted from licensure
requirements under that chapter, the court may appoint that person to
serve as a conservator or guardian without a professional
conservator or guardian license by the Department of Consumer
Affairs.
   (b) No superior court may appoint a private professional trustee
unless the trustee has filed the information required by Sections
2342 and 2343 with the clerk of the court in each county where a
petition for appointment has been filed.
  SEC. 18.  Section 2342 of the Probate Code is amended to read:
   2342.  (a) All private professional trustees shall file annually
with the clerk of the court a statement, under penalty of perjury,
containing the following information:
   (1) His or her educational background and professional experience.

   (2) At least three professional references.
   (3) The aggregate dollar value of all assets currently under the
trustee's supervision.
   (4) The trustee's addresses and telephone numbers for his or her
place of business and place of residence.
   (5) Whether the trustee has ever been removed for cause as trustee
or has resigned as trustee in a specific case, the circumstances
causing that removal or resignation, and the case names, court
locations, and case numbers.
   (6) The case names, court locations, and case numbers of all trust
cases which are closed for which the private professional trustee
served as the trustee.
   (b) Upon filing of a petition for appointment, a private
professional trustee shall state that he or she is a private
professional trustee, and that the information required by this
section is on file with the clerk of the court.
   (c) The clerk of the court shall order a background fingerprint
check from the Department of Justice and may request a background
fingerprint check from the Federal Bureau of Investigation on each
private professional trustee.  The background check shall include a
record of all arrests resulting in conviction and all arrests for
which final disposition is pending. The Department of Justice shall
retain these fingerprints in its files and shall provide any
subsequent arrest information to the clerk of the court pursuant to
Section 11105.2 of the Penal Code until notified by the clerk of the
court that the person is no longer serving in the capacity of a
private professional trustee. The superior court shall review the
background fingerprint check prior to the appointment of a private
professional trustee. The court shall review annual updates to the
criminal background check on persons currently serving in the
capacity of a private professional trustee under the court's
jurisdiction. The background fingerprint check may be dispensed with
by the court if the petitioner was appointed as a private
professional trustee, or served in the capacity of a private
professional trustee, during the previous year and a background
fingerprint check was previously made.
   (d) The information required by this section shall be made
available to the court for any purpose, including the determination
of the appropriateness of appointing or continuing the appointment
of, or removing, the trustee, but shall otherwise be kept
confidential.
   (e) This section applies to all private professional trustees
regardless of the date of appointment.
  SEC. 19.  Section 2342.5 of the Probate Code is repealed.
  SEC. 20.  Section 2343 of the Probate Code is amended to read:
   2343.  The clerk of the court shall charge each private
professional trustee an annual filing fee that does not exceed the
average trustee annual cost in complying with this article. This fee
shall also include the cost of submitting the fingerprint card to the
Department of Justice. This fee shall be distributed to the court in
which it was collected.
  SEC. 21.  Section 2344 of the Probate Code is repealed.
  SEC. 22.  Section 2410 is added to the Probate Code, to read:
   2410.  On or before July 1, 2007, the Judicial Council shall adopt
a rule of court that shall require uniform standards of conduct for
actions that conservators and guardians may take under this chapter
on behalf of conservatees and wards to ensure that the estate of
conservatees or wards are maintained and conserved as appropriate and
to prevent risk of loss or harm to the conservatees or wards. This
rule shall include at a minimum standards for determining the fees
that may be charged to conservatees or wards and standards for asset
management.
  SEC. 23.  Section 2620 of the Probate Code is amended to read:
   2620.  (a) At the expiration of six months from the time of
appointment and thereafter not less frequently than annually, unless
otherwise ordered by the court to be more frequent, the guardian or
conservator shall present the accounting of the assets of the estate
of the ward or conservatee to the court for settlement and allowance
in the manner provided in Chapter 4 (commencing with Section 1060) of
Part 1 of Division 3.
   (b) The final court accounting of the guardian or conservator
following the death of the ward or conservatee shall include a court
accounting for the period that ended on the date of death and a
separate accounting for the period subsequent to the date of death.
   (c) Along with each court accounting, the guardian or conservator
shall file all supporting documents for all charges, including all
original account statements from any institution, as defined in
Section 2890, or any financial institution, as defined in Section
2892, in which money or other assets of the estate are held or
deposited, showing the balance through the entire accounting period
of the court accounting. If the court accounting is the first court
accounting of the guardianship or conservatorship, the guardian or
conservator shall provide to the court the account statement for the
account balance immediately preceding the date the conservator or
guardian was appointed and the account statement or statements for
the account throughout the accounting period until the closing date
of the first court accounting. This subdivision shall not apply to
the public guardian if the money belonging to the estate is pooled
with money belonging to other estates pursuant to Section 2940 and
Article 3 (commencing with Section 7640) of Chapter 4 of Part 1 of
Division 7. Nothing in this section shall affect any other duty or
responsibility of the public guardian with regard to managing money
belonging to the estate or filing accountings with the court.
   (d) If any document to be filed with the court under this section
contains the ward or conservatee's social security number or any
other personal information regarding the ward or conservatee that
would not ordinarily be disclosed in a court accounting, an inventory
and appraisal, or other nonconfidential pleadings filed in the
action, the account statement shall be attached to a separate
affidavit describing the character of the document in proper form for
filing, captioned "CONFIDENTIAL FINANCIAL STATEMENT" in capital
letters. Except as otherwise ordered by the court, the clerk of the
court shall keep the document confidential except to the court and
subject to disclosure only upon an order of the court.
   (e) Each accounting is subject to random and full audit by the
court. Each accounting that the court determines may not be accurate
shall be subject to a full audit. The audit shall include a review of
all documents necessary to determine the accuracy of the accounting.
If the audit reveals any material error, the court shall immediately
do one of the following:
   (1) Remove the conservator or guardian as provided under Chapter 9
(commencing with Section 2650).
   (2) Hold a hearing to determine the severity of the error and
whether the conservator or guardian should be removed as provided
under Chapter 9 (commencing with Section 2650).
   (3) Make a finding that the error was harmless.
  SEC. 24.  Section 2620.2 of the Probate Code is amended to read:
   2620.2.  (a) Whenever the conservator or guardian has failed to
file an account as required by Section 2620, the court shall require
that written notice be given to the conservator or guardian and the
attorney of record for the conservatorship or guardianship directing
the conservator or guardian to file an account and to set the account
for hearing before the court within 30 days of the date of the
                                        notice or, if the conservator
or guardian is a public agency, within 45 days of the date of the
notice.
   (b) Failure to file the account within the time specified in the
under subdivision (a), or within 45 days of actual receipt of the
notice, whichever is later, shall constitute a contempt of the
authority of the court as described in Section 1209 of the Code of
Civil Procedure.
   (c) If the conservator or guardian does not file an account with
all appropriate supporting documentation and set the account for
hearing as required by Section 2620 the court shall do one or more of
the following and shall report that action to the board established
pursuant to Section 6504 of the Business and Professions Code:
   (1) Remove the conservator or guardian as provided under Article 1
(commencing with Section 2650) of Chapter 9 of Part 4 of Division 4.

   (2) Issue and serve a citation requiring a guardian or conservator
who does not file a required account to appear and show cause why
the guardian or conservator should not be punished for contempt. If
the guardian or conservator purposely evades personal service of the
citation, the guardian or conservator shall be immediately removed
from office.
   (3) Suspend the powers of the conservator or guardian and appoint
a temporary conservator or guardian, who shall take possession of the
assets of the conservatorship or guardianship, investigate the
actions of the conservator or guardian, and petition for surcharge if
this is in the best interest of the ward or conservatee.
Compensation for the temporary conservator or guardian, and counsel
for the temporary conservator or guardian, shall be treated as a
surcharge against the conservator or guardian, and if unpaid shall be
considered a breach of condition of the bond.
   (4) If the conservatee is exempt from the licensure requirements
of Chapter 6 (commencing with Section 6500) of Division 3 of the
Business and Professions Code, upon ex parte application or such
notice as the court may require, time to file the account, not to
exceed an additional 30 days after the expiration of the deadline
described in subdivision (a), where the court finds there is good
cause and that the estate is adequately bonded. After expiration of
any extensions, if the account has not been filed, the court shall
take action as described in paragraphs (1) to (3), inclusive.
   (d) Subdivision (c) does not preclude the court from additionally
taking any other appropriate action in response to a failure to file
a proper accounting in a timely manner.
  SEC. 25.  Section 2623 of the Probate Code is amended to read:
   2623.  (a) Except as provided in subsection (b) of this section,
the guardian or conservator shall be allowed all of the following:
   (1) The amount of the reasonable expenses incurred in the exercise
of the powers and the performance of the duties of the guardian or
conservator (including, but not limited to, the cost of any surety
bond furnished, reasonable attorney's fees, and such compensation for
services rendered by the guardian or conservator of the person as
the court determines is just and reasonable).
   (2) Such compensation for services rendered by the guardian or
conservator as the court determines is just and reasonable.
   (3) All reasonable disbursements made before appointment as
guardian or conservator.
   (4) In the case of termination other than by the death of the ward
or conservatee, all reasonable disbursements made after the
termination of the guardianship or conservatorship but prior to the
discharge of the guardian or conservator by the court.
   (5) In the case of termination by the death of the ward or
conservatee, all reasonable expenses incurred prior to the discharge
of the guardian or conservator by the court for the custody and
conservation of the estate and its delivery to the personal
representative of the estate of the deceased ward or conservatee or
in making other disposition of the estate as provided for by law.
   (b) The guardian or conservator shall not be compensated from the
estate for any costs or fees that the guardian or conservator
incurred in unsuccessfully opposing a petition, or other request or
action, made by or on behalf of the ward or conservatee, unless the
court determines that the opposition was made in good faith, based on
the best interests of the ward or conservatee.
  SEC. 26.  Section 2640 of the Probate Code is amended to read:
   2640.  (a) At any time after the filing of the inventory and
appraisal, but not before the expiration of 90 days from the issuance
of letters or any other period of time as the court for good cause
orders, the guardian or conservator of the estate may petition the
court for an order fixing and allowing compensation to any one or
more of the following:
   (1) The guardian or conservator of the estate for services
rendered to that time.
   (2) The guardian or conservator of the person for services
rendered to that time.
   (3) The attorney for services rendered to that time by the
attorney to the guardian or conservator of the person or estate or
both.
   (b) Notice of the hearing shall be given for the period and in the
manner provided in Chapter 3 (commencing with Section 1460) of Part
1.
   (c) Upon the hearing, the court shall make an order allowing (1)
any compensation requested in the petition the court determines is
just and reasonable to the guardian or conservator of the estate for
services rendered or to the guardian or conservator of the person for
services rendered, or to both, and (2) any compensation requested in
the petition the court determines is reasonable to the attorney for
services rendered to the guardian or conservator of the person or
estate or both. The compensation allowed to the guardian or
conservator of the person, the guardian or conservator of the estate,
and to the attorney may, in the discretion of the court, include
compensation for services rendered before the date of the order
appointing the guardian or conservator. The compensation allowed
shall thereupon be charged to the estate. Legal services for which
the attorney may be compensated include those services rendered by
any paralegal performing legal services under the direction and
supervision of an attorney. The petition or application for
compensation shall set forth the hours spent and services performed
by the paralegal.
   (d) Notwithstanding the provisions of subdivision (c), the
guardian or conservator shall not be compensated from the estate for
any costs or fees that the guardian or conservator incurred in
unsuccessfully opposing a petition, or other request or action, made
by or on behalf of the ward or conservatee, unless the court
determines that the opposition was made in good faith, based on the
best interests of the ward or conservatee.
  SEC. 27.  Section 2640.1 of the Probate Code is repealed.
  SEC. 28.  Section 2641 of the Probate Code is amended to read:
   2641.  (a) At any time permitted by Section 2640 and upon the
notice therein prescribed, the guardian or conservator of the person
may petition the court for an order fixing and allowing compensation
for services rendered to that time.
   (b) Upon the hearing, the court shall make an order allowing any
compensation the court determines just and reasonable to the guardian
or conservator of the person for services rendered. The compensation
allowed to the guardian or conservator of the person may, in the
discretion of the court, include compensation for services rendered
before the date of the order appointing the guardian or conservator.
The compensation allowed shall thereupon be charged against the
estate.
   (c) The guardian or conservator shall not be compensated from the
estate for any costs or fees that the guardian or conservator
incurred in unsuccessfully opposing a petition, or other request or
action, made by or on behalf of the ward or conservatee, unless the
court determines that the opposition was made in good faith, based on
the best interests of the ward or conservatee.
  SEC. 29.  Section 2850 of the Probate Code is amended to read:
   2850.  (a) (1) The Department of Consumer Affairs shall maintain a
Statewide Registry and shall make all information in the registry
available to the court for any purpose, but shall otherwise keep this
information confidential, except as provided in this section.
   (2) (A) On request, the registry shall disclose to the public the
following:
   (i) Whether an individual is or is not registered with the
Statewide Registry.
   (ii) Whether the Statewide Registry contains any information filed
pursuant to subdivision (d) for a specific individual regarding his
or her duties as a trustee.
   (iii) The educational background and professional experience of an
individual registered with the Statewide Registry.
   (B) Upon written request by a member of the public, the registry
shall provide access to any information filed with the registry
pursuant to subdivision (d) regarding a trustee.
   (3) Except as otherwise provided in Section 2854, all persons who
wish to serve as a trustee or who are currently serving as a trustee
shall register with the Statewide Registry and shall reregister every
three years thereafter.  "Registration" means the filing of a
declaration pursuant to subdivision (b).
   (b) All trustees required to file information with the clerk of
the court pursuant to Section 2340 or required to register pursuant
to this chapter shall file a signed declaration with the Statewide
Registry. A person who signs a declaration pursuant to this
subdivision asserting the truth of any material matter which he or
she knows to be false is guilty of a misdemeanor punishable by
imprisonment for up to one year in a county jail, or a fine of not
more than two thousand dollars ($2,000), or both that fine and
imprisonment. The declaration shall contain the following
information:
   (1) Full name.
   (2) Professional name, if different from paragraph (1).
   (3) Business address.
   (4) Business telephone number or numbers.
   (5) His or her educational background and professional experience,
including verification of any college or graduate degree claimed.
   (6) The names of the current trusts administered by the trustee.
   (7) The aggregate dollar value of all assets currently under the
trustee's supervision.
   (8) Whether he or she has ever been removed for cause or resigned
as trustee in a specific case, the circumstances of that removal or
resignation, and the case names, court locations, and case numbers.
   (c) The Department of Consumer Affairs may charge a reasonable fee
to persons registering and reregistering with the Statewide Registry
for the cost of that registration. The Department of Consumer
Affairs shall issue a certificate of registration to each registrant.

   (d) If a court makes a finding that a trustee has not properly
performed the duties of a trustee, and that finding results in an
order for a surcharge for other than nominal damages or for removal
of the trustee, the court clerk shall forward a copy of the court's
findings and order to the Statewide Registry, which shall include
this information in the file of that trustee.
  SEC. 30.  Section 2851 of the Probate Code is amended to read:
   2851.  (a) A court may not appoint a person as a trustee unless
that person, if required to register under Section 2850, is
registered with the Statewide Registry.
   (b) A trustee required to register under Section 2850 who has not
registered with the Statewide Registry on or before January 1, 2005,
shall be removed as a trustee by the court, unless the court finds
reasonable grounds not to do so. If the court finds reasonable
grounds exist for not removing the trustee for failing to register on
or before January 1, 2005, the court shall order the trustee to
register with the Statewide Registry within 90 days of the court's
order and shall remove the trustee if the trustee has failed to
register at the end of the 90-day period.
   (c) In appointing, continuing the appointment, or removing a
person as trustee, the court shall examine and consider the
information contained in the Statewide Registry for that person. The
information contained in the Statewide Registry shall be made
available to the court for this purpose, but shall otherwise be kept
confidential, except as provided by law.
  SEC. 31.  Section 2852 of the Probate Code is amended to read:
   2852.  (a) Any person required to register under Section 2850 who
serves as a trustee without being registered with the Statewide
Registry, who commits fraud in registering, who falsely asserts that
he or she is registered, or who makes false claims or representations
as to the nature of his or her file contained in the registry, shall
be subject to a civil penalty in the amount of two hundred dollars
($200) for the first violation and a civil penalty in the amount of
five hundred dollars ($500) for each subsequent violation, to be
assessed and collected in a civil action brought by the Department of
Consumer Affairs. All civil penalties collected shall be deposited
in the General Fund. A person who lawfully delays registration
pursuant to subdivision (b) of Section 2851 shall not be subject to a
civil penalty for serving as a trustee without being registered
until the time that subdivision (b) of Section 2851 authorizes his or
her removal for failure to register.
   (b) Any court that removes a trustee for cause, and any court that
has accepted the resignation of a trustee, shall notify the
Statewide Registry of that removal or resignation and the reason
therefor. The courts shall consider that information prior to the
appointment of a person or entity pursuant to a subsequent petition
for appointment as trustee.
  SEC. 32.  Section 2853 of the Probate Code is amended to read:
   2853.  Notwithstanding any other provision of this chapter, in
cases of urgency, where circumstances and justice warrant the
appointment of a trustee and time is limited, a court may appoint a
person as trustee without consulting the Statewide Registry or
requiring registration prior to appointment.
  SEC. 33.  Section 2854 of the Probate Code is amended to read:
   2854.  (a) This chapter does not apply to any trustee when the
person is related to the trustor by blood, marriage, adoption,
registered domestic partnership, or a relationship that satisfies the
requirements of subdivision (a) and paragraphs (1) to (4),
inclusive, and paragraph (6) of subdivision (b) of Section 297 of the
Family Code.
   (b) This chapter does not apply to any trustee who is serving for
the benefit of not more than three people or not more than three
families, or a combination of people or families that does not total
more than three. The number of trust beneficiaries does not count for
the purposes of calculating if a trustee falls within this
exclusion. A trust excluded under subdivision (a) or (b) does not
count for the purpose of calculating if a trustee falls within this
exclusion. For the purposes of this subdivision, family means people
who are related by blood, marriage, adoption, registered domestic
partnership, or a relationship that satisfies the requirements of
subdivision (a) and paragraphs (1) to (4), inclusive, and paragraph
(6) of subdivision (b) of Section 297 of the Family Code.
   (c) This chapter does not apply to a trustee who is any of the
following:
   (1) Trust companies, as defined in Section 83.
   (2) FDIC-insured institutions, their holding companies,
subsidiaries, or affiliates. For the purposes of this paragraph,
"affiliate" means any entity that shares an ownership interest with
or that is under the common control of, the FDIC-insured institution.

   (3) Employees of any entity listed in paragraph (1) or (2) while
serving as trustees in the scope of their duties.
  SEC. 34.  Section 2855 of the Probate Code is amended to read:
   2855.  It is the intent of the Legislature that both:
   (a) Counties that provide for registration of trustees continue to
do so, and that the Statewide Registry not replace county
registration.
   (b) Courts maintain oversight over the complaint process in order
to safeguard the reputations of trustees against unfounded
complaints.
   (c) A trustee who is reregistering with the Statewide Registry,
after having met all the requirements stated in Section 2850, not be
required to reverify previously claimed college or graduate degrees.

  SEC. 35.  Section 2920 of the Probate Code is amended to read:
   2920.  (a) If any person domiciled in the county requires a
guardian or conservator and there is no one else who is qualified and
willing to act and whose appointment as guardian or conservator
would be in the best interest of the person:
   (1) The public guardian shall apply for appointment as guardian or
conservator of the person, the estate, or the person and estate if
the criteria for making that appointment have been met. On or before
 January   July  2007, the Judicial Council
shall develop the criteria.
   (2) The public guardian shall apply for appointment as guardian or
conservator of the person, the estate, or the person and estate, if
the court so orders. The court may make an order under this
subdivision on motion of an interested person or on the court's own
motion in a pending proceeding or in a proceeding commenced for that
purpose.  The court shall not make an order under this subdivision
except after notice to the public guardian for the period and in the
manner provided in Chapter 3 (commencing with Section 1460) of Part
1, consideration of the alternatives, and a determination by the
court that the appointment is necessary. The notice and hearing under
this subdivision may be combined with the notice and hearing
required for appointment of a guardian or conservator.
   (b) The public guardian may apply for appointment as guardian or
conservator of the person, the estate, or both on behalf of any
person domiciled in the county who requires a guardian or conservator
and who has assets of no more than  ____ dollars ($_____).
  an amount to be determined by the Judicial Council on
or before July 1, 2007. 
   (c) The public guardian shall personally visit each proposed
conservatee or ward within 48 hours of receiving notice of the need
for assistance.
  SEC. 36.  Division 8.7 (commencing with Section 9800) is added to
the Welfare and Institutions Code, to read:

      DIVISION 8.7.  Conservatorship Ombudsman

   9800.  There is within the California Department of Aging an
Office of the Conservatorship Ombudsman.
   9801.  (a) The office shall be under the direction of a chief
executive officer who shall be known as the Conservatorship
Ombudsman. The Conservatorship Ombudsman shall be appointed by the
director and shall report directly to the director. He or she shall
devote his or her entire time to the duties of his or her position,
and shall receive the salary otherwise provided by law.
   (b) Any vacancy occurring in the position of Conservatorship
Ombudsman shall be filled in the same manner as the original
appointment. Whenever the Conservatorship Ombudsman dies, resigns,
becomes ineligible to serve for any reason, or is removed from
office, the director shall appoint an acting Conservatorship
Ombudsman within 30 days, who shall serve until the appointment and
qualification of the Conservatorship Ombudsman's successor, but in no
event longer than four months from the occurrence of the vacancy.
The acting Conservatorship Ombudsman shall exercise during this
period all the powers and duties of the Conservatorship Ombudsman
pursuant to this chapter.
   9802.  (a) The Conservatorship Ombudsman shall possess at least a
bachelor's degree, and have a minimum of five years' professional
experience that shall include at least fiduciary asset management and
at least three of the following four areas:
   (1) Gerontology, long-term care, or other relevant social services
or health services programs.
   (2) The legal system and the legislative process.
   (3) Dispute or problem resolution techniques, including
investigation, mediation, and negotiation.
   (4) Organizational management and program administration.
   (b) The professional experience described in  paragraph
  subdivision  (a) requires any reasonable
combination of the fields described in that  paragraph
  subdivision  for a total of five years, and does
not require five years' experience in each area. At the discretion of
the director, a master's or doctorate degree relevant to a field
described in  paragraph   subdivision  (a)
may be substituted for one or two years, respectively, of
professional experience. However, the applicant's professional
experience and field of study leading to the master's or doctorate
degree shall, nevertheless, include all of the fields described in
 paragraph   subdivision  (a).
   9803.  (a) Upon request of the office, the Attorney General shall
represent the office or the department and the state in litigation
concerning affairs of the office, unless the Attorney General
represents another state agency, in which case the agency or the
office shall be authorized to employ other counsel.
   (b) The Conservatorship Ombudsman may employ technical experts and
other employees that, in his or her judgment, are necessary for the
conduct of the business of the office.
   9804.  The office may solicit and receive funds, gifts, and
contributions to support the operations and programs of the office.
The office may form a foundation eligible to receive tax-deductible
contributions to support the operations and programs of the office.
The office shall not solicit or receive any funds, gifts, or
contributions  where   if  the solicitation
or receipt would jeopardize the independence and objectivity of the
office.
   9805.  (a) No representative of the office shall be held liable
for good faith performance of responsibilities under this chapter.
   (b) No discriminatory, disciplinary, or retaliatory action shall
be taken against any person for any communication made, or
information given or disclosed, to aid the office in carrying out its
duties and responsibilities, unless the same was done maliciously or
without good faith. This subdivision is not intended to infringe on
the rights of the employer to supervise, discipline, or terminate an
employee for other reasons.
   (c) All communications by a representative of the office, if
reasonably related to the requirements of that individual's
responsibilities under this chapter and done in good faith, shall be
privileged, and that privilege shall serve as a defense to any action
in libel or slander.
   (d) Any representative of the office shall be exempt from being
required to testify in court as to any confidential matters, except
as the court may deem necessary to enforce the provisions of this
chapter.
   9806.  The department shall be responsible for establishing a
statewide uniform reporting system to collect and analyze data
relative to complaints regarding conservatorships for the purpose of
identifying and resolving significant problems. The department shall
submit the data to the Department of Consumer Affairs which is
responsible for regulating conservators.
   9807.  (a) The office shall investigate and seek to resolve
complaints and concerns communicated by, or on behalf of,
conservatees. Complaint investigation shall be done in an objective
manner to ascertain the pertinent facts.
   (b) At the conclusion of any investigation of a complaint, the
findings shall be reported to the complainant and to the licensing
board established pursuant to Section 6504 of the Business and
Professions Code. If the office does not investigate a complaint, the
complainant shall be notified in writing of the decision not to
investigate and the reasons for the decision.
   9808.  The Conservatorship Ombudsman shall have access to any
record of a state or local government agency that is necessary to
carry out his or her responsibilities under this chapter, including
records rendered confidential.
   9809.  All records and files of the office relating to any
complaint or investigation made pursuant to this chapter and the
identities of complainants, witnesses, patients, or residents shall
remain confidential, unless disclosure is required by court order, or
release of the information is to a law enforcement agency, public
protective service agency,  or a  licensing or certification
agency in a manner consistent with federal laws and regulations.