California Legislature—2015–16 Regular Session

Assembly BillNo. 314


Introduced by Assembly Member Waldron

February 12, 2015


An act to amend Section 1813 of the Probate Code, relating to conservatorship.

LEGISLATIVE COUNSEL’S DIGEST

AB 314, as introduced, Waldron. Conservatorship.

Existing law prohibits the spouse of a proposed conservatee from petitioning for the appointment of a conservator for a spouse or from being appointed as conservator of a person or estate of the proposed conservatee unless the petitioner alleges in the petition for appointment as conservator, and the court finds, that the spouse is not a party to an action or proceeding against the proposed conservatee for legal separation of the parties, dissolution of marriage, or adjudication of nullity of their marriage.

This bill would make technical, nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 1813 of the Probate Code is amended to
2read:

3

1813.  

(a) (1) The spouse of a proposed conservateebegin delete mayend deletebegin insert shallend insert
4 not petition for the appointment of a conservator for a spouse or
5be appointed as conservator of the person or estate of the proposed
P2    1conservatee unless the petitioner alleges in the petition for
2appointment as conservator, and the court finds, that the spouse is
3not a party tobegin delete anyend deletebegin insert anend insert action or proceeding against the proposed
4conservatee for legal separation of the parties, dissolution of
5marriage, or adjudication of nullity of their marriage. However, if
6the court finds by clear and convincing evidence that the
7appointment of the spouse, who is a party to an action or
8proceeding against the proposed conservatee for legal separation
9of the parties, dissolution of marriage, or adjudication of nullity
10of their marriage, or has obtained a judgment in any of these
11proceedings, is in the best interests of the proposed conservatee,
12the court may appoint the spouse.

13(2) Prior to making this appointment, the court shall appoint
14counsel to consult with and advise the conservatee, and to report
15to the court his or her findings concerning the suitability of
16appointing the spouse as conservator.

17(b) The spouse of a conservatee shall disclose to the conservator,
18or if the spouse is the conservator, shall disclose to the court, the
19filing ofbegin delete anyend deletebegin insert anend insert action or proceeding against the conservatee for
20legal separation of the parties, dissolution of marriage, or
21adjudication of nullity of the marriage, within 10 days of the filing
22of the action or proceeding by filing a notice with the court and
23serving the notice according to the notice procedures under this
24title.begin delete The court may, upon receipt of the notice,end deletebegin insert Upon receipt of
25the notice, the court mayend insert
set the matter for hearing on an order to
26show cause why the appointment of the spouse as conservator, if
27the spouse is the conservator, should not be terminated and a new
28conservator appointed by the court.



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