as amended, Waldron.
begin deleteConservatorship. end delete
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.end delete
This bill would make technical, nonsubstantive changes to that provision.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin deleteRegardless end deleteof whether the proposed conservatee attends the hearing,
5the court investigator shall do all of the following:
6(a) Conduct the following interviews:
7(1) The proposed conservatee personally.
8(2) All petitioners and all proposed conservators who are not
10(3) The proposed conservatee’s spouse or registered domestic
11partner and relatives within the first degree. If the proposed
12conservatee does not have a spouse, registered domestic partner,
13or relatives within the first degree, to the greatest extent possible,
14the proposed conservatee’s relatives within the second degree.
P3 1(4) To the greatest extent practical and taking into account the
2proposed conservatee’s wishes, the proposed conservatee’s relatives
3within the second degree not required to be interviewed under
4paragraph (3), neighbors, and, if known, close friends.
5(b) Inform the proposed conservatee of the contents of the
6citation, of the nature, purpose, and effect of the proceeding, and
7of the right of the proposed conservatee to oppose the proceeding,
8to attend the hearing, to have the matter of the establishment of
9the conservatorship tried by jury, to be represented by legal counsel
10if the proposed conservatee so chooses, and to have legal counsel
11appointed by the court if unable to retain legal counsel.
12(c) Determine whether it appears that the proposed conservatee
13is unable to attend the hearing and, if able to attend, whether the
14proposed conservatee is willing to attend the hearing.
15(d) Review the allegations of the petition as to why the
16appointment of the conservator is required and, in making his or
17her determination, do the following:
18(1) Refer to the supplemental information form submitted by
19the petitioner and consider the facts set forth in the form that
20address each of the categories specified in paragraphs (1) to (5),
21inclusive, of subdivision (a) of Section 1821.
22(2) Consider, to the extent practicable, whether he or she
23believes the proposed conservatee suffers from any of the mental
24function deficits listed in subdivision (a) of Section 811 that
25significantly impairs the proposed conservatee’s ability to
26understand and appreciate the consequences of his or her actions
27in connection with any of the functions described in subdivision
28(a) or (b) of Section 1801 and identify the observations that support
30(e) Determine whether the proposed conservatee wishes to
31contest the establishment of the conservatorship.
32(f) Determine whether the proposed conservatee objects to the
33proposed conservator or prefers another person to act as
35(g) Determine whether the proposed conservatee wishes to be
36represented by legal counsel and, if so, whether the proposed
37conservatee has retained legal counsel and, if not, the name of an
38attorney the proposed conservatee wishes to retain.
39(h) (1) Determine whether the proposed conservatee is not
40capable of completing an affidavit of voter registration in
P4 1accordance with Section 2150 of the Elections Code and may be
2disqualified from voting pursuant to Section 2208 of the Elections
4(2) The proposed conservatee shall not be disqualified from
5voting on the basis that he or she does, or would need to do, any
6of the following to complete an affidavit of voter registration:
7(A) Signs the affidavit of voter registration with a mark or a
8cross pursuant to subdivision (b) of Section 2150 of the Elections
10(B) Signs the affidavit of voter registration by means of a
11signature stamp pursuant to Section 354.5 of the Elections Code.
12(C) Completes the affidavit of voter registration with the
13assistance of another person pursuant to subdivision (d) of Section
142150 of the Elections Code.
15(i) If the proposed conservatee has not retained legal counsel,
16determine whether the proposed conservatee desires the court to
17appoint legal counsel.
18(j) Determine whether the appointment of legal counsel would
19be helpful to the resolution of the matter or is necessary to protect
20the interests of the proposed conservatee in any case where the
21proposed conservatee does not plan to retain legal counsel and has
22not requested the appointment of legal counsel by the court.
23(k) Report to the court in writing, at least five days before the
24hearing, concerning all of the foregoing, including the proposed
25 conservatee’s express communications concerning both of the
27(1) Representation by legal counsel.
28(2) Whether the proposed conservatee is not willing to attend
29the hearing, does not wish to contest the establishment of the
30conservatorship, and does not object to the proposed conservator
31or prefer that another person act as conservator.
32(l) Mail, at least five days before the hearing, a copy of the
33report referred to in subdivision (k) to all of the following:
34(1) The attorney, if any, for the petitioner.
35(2) The attorney, if any, for the proposed conservatee.
36(3) The proposed conservatee.
37(4) The spouse, registered domestic partner, and relatives within
38the first degree of the proposed conservatee who are required to
39be named in the petition for appointment of the conservator, unless
P5 1the court determines that the mailing will result in harm to the
3(5) Any other persons as the court orders.
4(m) The court investigator has discretion to release the report
5required by this section to the public conservator, interested public
6agencies, and the long-term care ombudsman.
7(n) The report required by this section is confidential and shall
8be made available only to parties, persons described in subdivision
9(l), persons given notice of the petition who have requested this
10report or who have appeared in the proceedings, their attorneys,
11and the court. The court has discretion at any other time to release
12the report, if it would serve the interests of the conservatee. The
13clerk of the court shall provide for the limitation of the report
14exclusively to persons entitled to its receipt.
15(o) This section does not apply to a proposed conservatee who
16has personally executed the petition for conservatorship, or one
17who has nominated his or her own conservator, if he or she attends
19(p) If the court investigator has performed an investigation
20within the preceding six months and furnished a report thereon to
21the court, the court may order, upon good cause shown, that another
22investigation is not necessary or that a more limited investigation
23may be performed.
24(q) Any investigation by the court investigator related to a
25temporary conservatorship also may be a part of the investigation
26for the general petition for conservatorship, but the court
27investigator shall make a second visit to the proposed conservatee
28and the report required by this section shall include the effect of
29the temporary conservatorship on the proposed conservatee.
30(r) The Judicial Council shall, on or before January 1, 2009,
31adopt rules of court and Judicial Council forms as necessary to
32implement an expedited procedure to authorize, by court order, a
33proposed conservatee’s health care provider to disclose confidential
34medical information about the proposed conservatee to a court
35investigator pursuant to federal medical information privacy
36regulations promulgated under the Health Insurance Portability
37and Accountability Act of 1996.
38(s) A superior court shall not be required to perform any duties
39imposed pursuant to the amendments to this section enacted by
P6 1 Chapter 493 of the Statutes 2006 until the Legislature makes an
2appropriation identified for this purpose.
begin delete the case of anyend delete proceeding to establish a
10limited conservatorship for a person with developmental
11disabilities, within 30 days after the filing of a petition for limited
12conservatorship, a proposed limited conservatee, with his or her
begin delete shallend delete be assessed at a regional center as provided in
14Chapter 5 (commencing with Section 4620) of Division 4.5 of the
15Welfare and Institutions Code. The regional center shall submit a
16written report of its findings and recommendations to the court.
begin delete the case of anyend delete proceeding to establish a general
26 conservatorship for a person with developmental disabilities, the
27regional center, with the consent of the proposed conservatee, may
28prepare an assessment as provided in Chapter 5 (commencing with
29Section 4620) of Division 4.5 of the Welfare and Institutions Code.
30If an assessment is prepared, the regional center shall submit its
31findings and recommendations to the court.
32(c) A report prepared under subdivision (a) or (b) shall
33include a description of the specific areas, nature, and degree of
34disability of the proposed conservatee or proposed limited
35conservatee. The findings and recommendations of the regional
36center are not binding upon the court.
38a proceeding where the petitioner is a provider of board
39and care, treatment, habilitation, or other services to persons with
40developmental disabilities or a spouse or employee of a provider,
P7 1is not the natural parent of the proposed conservatee or proposed
2limited conservatee, and is not a public entity, the regional center
3shall include a recommendation in its report concerning the
4suitability of the petitioners to meet the needs of the proposed
5conservatee or proposed limited conservatee.
6(d) At least five days before the hearing on the petition, the
7regional center shall mail a copy of the report referred to in
8subdivision (a) to all of the following:
9(1) The proposed limited conservatee.
10(2) The attorney, if any, for the proposed limited conservatee.
11(3) If the petitioner is not the proposed limited conservatee, the
12attorney for the petitioner or the petitioner if the petitioner does
13not have an attorney.
begin deleteSuch other end deletepersons as the court orders.
15(e) The report referred to in subdivisions (a) and (b) shall be
16confidential and shall be made available only to parties listed in
17subdivision (d) unless the court, in its discretion, determines that
18the release of the report would serve the interests of the conservatee
19who is developmentally disabled. The clerk of the court shall make
20provision for limiting disclosure of the report exclusively to persons
21entitled thereto under this section.
Section 1813 of the Probate Code is amended to
(a) (1) The spouse of a proposed conservatee shall not
25petition for the appointment of a conservator for a spouse or be
26appointed as conservator of the person or estate of the proposed
27conservatee unless the petitioner alleges in the petition for
28appointment as conservator, and the court finds, that the spouse is
29not a party to an action or proceeding against the proposed
30conservatee for legal separation of the parties, dissolution of
31marriage, or adjudication of nullity of their marriage. However, if
32the court finds by clear and convincing evidence that the
33appointment of the spouse, who is a party to an action or
34proceeding against the proposed conservatee for legal separation
35of the parties, dissolution of marriage, or adjudication of nullity
36of their marriage, or has obtained a judgment in any of these
37proceedings, is in the best interests of the proposed conservatee,
38the court may appoint the spouse.
39(2) Prior to making this appointment, the court shall appoint
40counsel to consult with and advise the conservatee, and to report
P8 1to the court his or her findings concerning the suitability of
2appointing the spouse as conservator.
3(b) The spouse of a conservatee shall disclose to the conservator,
4or if the spouse is the conservator, shall disclose to the court, the
5filing of an action or proceeding against the conservatee for legal
6separation of the parties, dissolution of marriage, or adjudication
7of nullity of the marriage, within 10 days of the filing of the action
8or proceeding by filing a notice with the court and serving the
9notice according to the notice procedures under this title. Upon
10receipt of the notice, the court may set the matter for hearing on
11an order to show cause why the appointment of the spouse as
12conservator, if the spouse is the conservator, should not be
13terminated and a new conservator appointed by the court.