BILL NUMBER: AB 25 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Migden and Hertzberg and Senator
Kuehl
(Coauthors: Assembly Members Goldberg, Kehoe, and Longville)
(Coauthor: Senator Burton)
DECEMBER 4, 2000
An act to add Section 1714.01 to the Civil Code, to amend Section
377.60 of the Code of Civil Procedure, to amend Sections 297 and
299.5 of the Family Code, to add Sections 1261.1 and 1374.58 to the
Health and Safety Code, to add Section 10121.7 to the Insurance Code,
to amend Section 233 of the Labor Code, to amend Sections 1460,
1811, 1812, 1820, 1821, 1822, 1829, 1861, 1863, 1871, 1873, 1874,
1891, 1895, 2212, 2213, 2357, 2423, 2430, 2504, 2572, 2580, 2614.5,
2622, 2651, 2653, 2681, 2682, 2687, 2700, 2803, 2805, 6240, 6401,
6402, 8461, 8462, 8463, and 8465 of, and to add Section 37 to, the
Probate Code, to add Section 17021.7 to the Revenue and Taxation
Code, and to amend Sections 1030, 1032, 1256, and 2705.1 of the
Unemployment Insurance Code, relating to domestic partnerships.
LEGISLATIVE COUNSEL'S DIGEST
AB 25, as introduced, Migden. Domestic partnerships.
(1) Existing law establishes a cause of action for negligence,
including the negligent infliction of emotional distress and a cause
of action for wrongful death.
This bill would make these provisions applicable to a domestic
partner as well as a surviving spouse.
(2) Existing law provides for the registration of domestic
partnerships, as defined, and limits the legal effect of the
registration of the domestic partnership to specified provisions of
law. Existing law provides that persons of opposite sexes may not
establish a domestic partnership unless they are both over the age of
62 and both persons meet specified eligibility criteria under the
Social Security Act.
This bill would expand the legal effect of the registration of a
domestic partnership to any provision of law specifically referring
to domestic partners. This bill would also expand the class of
persons who may establish and register a domestic partnership by
providing that persons of opposite sexes may establish a domestic
partnership if one or both of them are over the age of 62 and one or
both of them meet the specified eligibility criteria under the Social
Security Act.
(3) Existing law specifies the rights of a domestic partner with
respect to visiting a domestic partner in a health facility.
This bill would authorize a domestic partner to make medical
treatment decisions on behalf of a patient in certain circumstances.
A violation of those provisions would be a misdemeanor. By creating
a new crime, the bill would impose a state-mandated local program.
(4) Existing law provides for the licensure and regulation of
health care service plans administered by the Commissioner of
Corporations. Under existing law, a willful violation of any of
these provisions is punishable as either a felony or a misdemeanor.
Existing law also provides for the regulation of policies of
disability insurance administered by the Insurance Commissioner.
Existing law requires that health care service plans and
disability insurers provide coverage for certain benefits and
services.
This bill would require a group health care service plan and a
policy of disability insurance that provides hospital, medical, or
surgical expense benefits to offer coverage to employers and
guaranteed associations for a domestic partner of an employee,
subscriber, insured, or policyholder to the same extent, and subject
to the same terms and conditions, as provided to a dependent of an
employee, subscriber, insured, or policyholder. The bill would also
require that if an employer or guaranteed association elects to
purchase coverage for domestic partners, a health care service plan
or a policy of group disability insurance that provides hospital,
medical, or surgical expense benefits for employees, subscribers,
insureds, or policyholders and their dependents shall enroll as a
dependent, upon application by the employer or group administrator, a
domestic partner of the employee, subscriber, insured, or
policyholder when that employee, subscriber, insured, or policyholder
in accordance with the terms and conditions of the group contract,
as specified. The bill would also provide that such a health care
service plan or policy of group disability insurance may require a
copy of a valid Declaration of Domestic Partnership and notification
of termination of the domestic partnership.
Since a willful violation of the provisions applicable to health
care service plans is a crime, this bill would impose a
state-mandated local program.
(5) Existing law requires any employer who provides sick leave to
employees, as specified, to allow the employees to use the sick leave
to attend to the illness of a sick child, parent, or spouse.
This bill would require the employer described above to allow the
employee to use sick leave to attend to an ill domestic partner or
child of a domestic partner, and would make other conforming changes.
(6) Existing law provides for the establishment of
conservatorships.
This bill would revise these provisions regarding conservatorships
to provide for the participation of a domestic partner of the
conservatee or proposed conservatee in these proceedings. The bill
would require preference for selection of a conservator be given to
the domestic partner and a person nominated by the domestic partner.
The bill would require that a petition for conservatorship set forth
the names and addresses of the domestic partner of the proposed
conservatee or the names and addresses of any children of a
predeceased domestic partner. The bill would require notice of a
conservatorship hearing to be sent to the domestic partner of the
proposed conservatee and would authorize the domestic partner to
appear at the hearing in support or opposition to the petition. This
bill also would make conforming changes.
(7) Existing law prescribes a statutory will form.
This bill would revise the statutory will form to, among other
things, provide for the inclusion of a domestic partner among the
beneficiaries to whom the testator may indicate a desire to leave his
or her principal residence, automobiles, household, and personal
effects, or residuary estate.
(8) Under the existing law of intestate succession, the surviving
spouse is entitled to a specified share of the decedent's separate
property that is not effectively disposed of by will. Existing law
also provides that the surviving spouse is entitled to be appointed
administrator of the decedent's estate and shall be given priority
over other persons in relation to the decedent.
This bill would extend these entitlements to a decedent's domestic
partner.
(9) The Personal Income Tax Law provides, in specified conformity
to federal law, an exclusion from gross income for certain amounts
expended for medical care and for certain employer-provided coverage
under an accident or health plan. That law also allows a deduction
for certain health insurance costs of self-employed individuals and
with respect to certain group health plans.
This bill would make those tax benefits available to domestic
partners.
(10) Existing law provides that an individual who leaves his or
her work voluntarily or without good cause is disqualified from
receiving unemployment benefits. Existing law further defines good
cause for these purposes, and establishes procedures and presumptions
for the administration of benefits.
This bill would include in the definition of good cause the act of
accompanying one's domestic partner to a place from which it is
impractical to commute and to which a transfer by the employer is not
available. This bill would also make related changes.
(11) Existing law provides that if a person is eligible to receive
disability benefits, but is mentally unable to make a claim, the
claim may be made by the spouse of the individual, and the payment
shall be executed upon the affidavit of the spouse, or other
qualified person, as specified.
This bill would allow a domestic partner to make the claim and
execute the affidavit in the capacity described above.
(12) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1714.01 is added to the Civil Code, to read:
1714.01. Domestic partners shall be entitled to recover damages
for negligent infliction for emotional distress to the same extent
that spouses are entitled to do so under California law.
SEC. 2. Section 377.60 of the Code of Civil Procedure is amended
to read:
377.60. A cause of action for the death of a person caused by the
wrongful act or neglect of another may be asserted by any of the
following persons or by the decedent's personal representative on
their behalf:
(a) The decedent's surviving spouse, domestic partner,
children, and issue of deceased children, or, if there is no
surviving issue of the decedent, the persons, including the surviving
spouse or domestic partner , who would be entitled to the
property of the decedent by intestate succession.
(b) Whether or not qualified under subdivision (a), if they were
dependent on the decedent, the putative spouse, children of the
putative spouse, stepchildren, or parents. As used in this
subdivision, "putative spouse" means the surviving spouse of a void
or voidable marriage who is found by the court to have believed in
good faith that the marriage to the decedent was valid.
(c) A minor, whether or not qualified under subdivision (a) or
(b), if, at the time of the decedent's death, the minor resided for
the previous 180 days in the decedent's household and was dependent
on the decedent for one-half or more of the minor's support.
(d) This section applies to any cause of action arising on or
after January 1, 1993.
(e) The addition of this section by Chapter 178 of the Statutes of
1992 was not intended to adversely affect the standing of any party
having standing under prior law, and the standing of parties governed
by that version of this section as added by Chapter 178 of the
Statutes of 1992 shall be the same as specified herein as amended by
Chapter 563 of the Statutes of 1996.
SEC. 3. Section 297 of the Family Code is amended to read:
297. (a) Domestic partners are two adults who have chosen to
share one another's lives in an intimate and committed relationship
of mutual caring.
(b) A domestic partnership shall be established in California when
all of the following requirements are met:
(1) Both persons have a common residence.
(2) Both persons agree to be jointly responsible for each other's
basic living expenses incurred during the domestic partnership.
(3) Neither person is married or a member of another domestic
partnership.
(4) The two persons are not related by blood in a way that would
prevent them from being married to each other in this state.
(5) Both persons are at least 18 years of age.
(6) Either of the following:
(A) Both persons are members of the same sex.
(B) Both One or both of the persons
meet the eligibility criteria under Title II of the Social Security
Act as defined in 42 U.S.C. Section 402(a) for old-age insurance
benefits or Title XVI of the Social Security Act as defined in 42
U.S.C. Section 1381 for aged individuals. Notwithstanding any other
provision of this section, persons of opposite sexes may not
constitute a domestic partnership unless one or both
of the persons are over the age of 62.
(7) Both persons are capable of consenting to the domestic
partnership.
(8) Neither person has previously filed a Declaration of Domestic
Partnership with the Secretary of State pursuant to this division
that has not been terminated under Section 299.
(9) Both file a Declaration of Domestic Partnership with the
Secretary of State pursuant to this division.
(c) "Have a common residence" means that both domestic partners
share the same residence. It is not necessary that the legal right
to possess the common residence be in both of their names. Two
people have a common residence even if one or both have additional
residences. Domestic partners do not cease to have a common
residence if one leaves the common residence but intends to return.
(d) "Basic living expenses" means, shelter, utilities, and all
other costs directly related to the maintenance of the common
household of the common residence of the domestic partners. It also
means any other cost, such as medical care, if some or all of the
cost is paid as a benefit because a person is another person's
domestic partner.
(e) "Joint responsibility" means that each partner agrees to
provide for the other partner's basic living expenses if the partner
is unable to provide for herself or himself. Persons to whom these
expenses are owed may enforce this responsibility if, in extending
credit or providing goods or services, they relied on the existence
of the domestic partnership and the agreement of both partners to be
jointly responsible for those specific expenses.
SEC. 4. Section 299.5 of the Family Code is amended to read:
299.5. (a) The obligations that two people have to each other as
a result of creating a domestic partnership are those described in
Section 297. Registration as a domestic partner under this division
shall not be evidence of, or establish, any rights existing under law
other than those expressly provided to domestic partners in this
division and Section 1261 of the Health and Safety Code
any provision of law specifically referring to
domestic partners .
The provisions relating to domestic partners provided in this
division and Section 1261 of the Health and Safety Code
any provision of law specifically referring to
domestic partners shall not diminish any right under any other
provision of law.
(b) Upon the termination of a domestic partnership, the partners,
from that time forward, shall incur none of the obligations to each
other as domestic partners that are created by this division and
Section 1261 of the Health and Safety Code.
(c) The filing of a Declaration of Domestic Partnership pursuant
to this division shall not , in and of itself, change the
character of property, real or personal, or any interest in any real
or personal property owned by either domestic partner or both of them
prior to the date of filing of the declaration.
(d) The filing of a Declaration of Domestic Partnership pursuant
to this division shall not, in and of itself, create any interest in,
or rights to, any property, real or personal, owned by one partner
in the other partner, including, but not limited to, rights similar
to community property or quasi-community property.
(e) Any property or interest acquired by the partners during the
domestic partnership where title is shared shall be held by the
partners in proportion of interest assigned to each partner at the
time the property or interest was acquired unless otherwise expressly
agreed in writing by both parties. Upon termination of the domestic
partnership, this subdivision shall govern the division of any
property jointly acquired by the partners.
(f) The formation of a domestic partnership under this division
shall not change the individual income or estate tax liability of
each domestic partner prior to and during the partnership, unless
otherwise provided under another state or federal law or regulation.
SEC. 5. Section 1261.1 is added to the Health and Safety Code, to
read:
1261.1. (a) If the attending physician and surgeon of a patient
in a health facility prescribes or orders a medical intervention that
requires informed consent be obtained prior to administration of the
medical intervention, but is unable to obtain informed consent
because the physician and surgeon determines that the patient lacks
capacity to make decisions concerning his or her health care and that
there is no person with legal authority to make those decisions on
behalf of the patient, the physician and surgeon shall inform the
health facility.
(b) For purposes of subdivision (a), a patient lacks capacity to
make a decision regarding his or her health care if the patient is
unable to understand the nature and consequences of the proposed
medical intervention, including its risks and benefits, or is unable
to express a preference regarding the intervention. To make the
determination regarding capacity, the physician shall interview the
patient, review the patient's medical records, and consult with the
health facility staff, as appropriate, and family members and friends
of the patient, if any have been identified.
(c) For purposes of subdivision (a), a person with legal authority
to make medical treatment decisions on behalf of a patient is a
person designated under a valid Power of Attorney for Health Care, a
guardian, a conservator, or the patient's family members. To
determine the existence of a person with legal authority, the
physician shall interview the patient, review the medical records of
the patient and consult with the health facility staff, as
appropriate, and family members and friends of the patient, if any
have been identified. For purposes of determining the existence of a
person with legal authority, family members include, but are not
limited to, a patient's domestic partner, the children of the patient'
s domestic partner, and the domestic partner of the patient's parent
or child.
(d) For purposes of this section, "domestic partner" means a
person who has filed a 'Declaration of Domestic Partnership' with the
Secretary of State pursuant to Division 2.5 (commencing with Section
297) of the Family Code as long as that domestic partnership has not
been terminated pursuant to Section 299 of the Family Code.
SEC. 6. Section 1374.58 is added to the Health and Safety Code, to
read:
1374.58. (a) A group health care service plan that provides
hospital, medical, or surgical expense benefits shall offer coverage
to employers or guaranteed associations, as defined in Section 1357,
for the domestic partner of an employee or subscriber to the same
extent, and subject to the same terms and conditions, as provided to
a dependent of the employee or subscriber, and shall inform employers
and guaranteed associations of the availability of this coverage.
(b) If an employer or guaranteed association elects to purchase
coverage for domestic partners pursuant to subdivision (a), a health
care service plan that provides hospital, medical, or surgical
expense benefits for employees or subscribers and their dependents
shall enroll as a dependent, upon application by the employer or
group administrator, a domestic partner of an employee or subscriber
in accordance with the terms and conditions of the group contract
that apply generally to all dependents under the plan, including
coordination of benefits.
(c) For purposes of this section, the term "domestic partner"
shall have the same meaning as that term is used in Section 297 of
the Family Code.
(d) A health care service plan may require that the employee or
subscriber verify the status of the domestic partnership by providing
to the plan a copy of a valid "Declaration of Domestic Partnership"
filed with the Secretary of State pursuant to Section 298 or an
equivalent document issued by a local agency of this state, another
state, or a local agency of another state under which the partnership
is created. The plan may also require that the employee or
subscriber notify the plan upon the termination of the domestic
partnership.
(e) Nothing in this section shall be construed to expand the
requirements of Section 4980B of Title 26 of the United States Code,
Section 1161, and following, of Title 29 of the United States Code,
or Section 300bb-1, and following, of Title 42 of the United States
Code, as added by the Consolidated Omnibus Budget Reconciliation Act
of 1985 (Public Law 99-272), and as those provisions may be later
amended.
SEC. 7. Section 10121.7 is added to the Insurance Code, to read:
10121.7. (a) A policy of group disability insurance that provides
hospital, medical, or surgical expense benefits shall offer coverage
to employers or guaranteed associations, as defined in Section
10700, for the domestic partner of an employee, insured, or
policyholder to the same extent, and subject to the same terms and
conditions, as provided to a dependent of the employee, insured, or
policyholder, and shall inform employers and guaranteed associations
of the availability of this coverage.
(b) If an employer or guaranteed association elects to purchase
coverage for domestic partners pursuant to subdivision (a), a
disability insurer that provides hospital, medical, or surgical
expense benefits for employees, insureds, or policyholders and their
dependents shall enroll as a dependent, upon application by the
employer or group administrator, a domestic partner of the employee,
insured, or policyholder when that employee, insured, or policyholder
in accordance with the terms and conditions of the group contract
that apply generally to all dependents under the policy, including
coordination of benefits.
(c) For purposes of this section, the term "domestic partner"
shall have the same meaning as that term is used in Section 297 of
the Family Code.
(d) A policy of group disability insurance may require that the
employee, insured, or policyholder verify the status of the domestic
partnership by providing to the insurer a copy of a valid
"Declaration of Domestic Partnership" filed with the Secretary of
State pursuant to Section 298 or an equivalent document issued by a
local agency of this state, another state, or a local agency of
another state under which the partnership is created. The policy may
also require that employee, insured, or policyholder notify the
insurer upon the termination of the domestic partnership.
(e) Nothing in this section shall be construed to expand the
requirements of Section 4980B of Title 26 of the United States Code,
Section 1161, and following, of Title 29 of the United States Code,
or Section 300bb-1, and following, of Title 42 of the United States
Code, as added by the Consolidated Omnibus Budget Reconciliation Act
of 1985 (Public Law 99-272), and as those provisions may be later
amended.
SEC. 8. Section 233 of the Labor Code is amended to read:
233. (a) Any employer who provides sick leave for employees shall
permit an employee to use in any calendar year the employee's
accrued and available sick leave entitlement, in an amount not less
than the sick leave that would be accrued during six months at the
employee's then current rate of entitlement, to attend to an illness
of a child, parent, or spouse , or domestic
partner of the employee. All conditions and restrictions
placed by the employer upon the use by an employee of sick leave also
shall apply to the use by an employee of sick leave to attend to an
illness of his or her child, parent, or spouse
, or domestic partner . This section does not extend the
maximum period of leave to which an employee is entitled under
Section 12945.2 of the Government Code or under the federal Family
and Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.),
regardless of whether the employee receives sick leave compensation
during that leave.
(b) As used in this section:
(1) "Child" means a biological, foster, or adopted child, a
stepchild, a legal ward, a child of a domestic partner, or
a child of a person standing in loco parentis.
(2) "Employer" means any person employing another under any
appointment or contract of hire and includes the state, political
subdivisions of the state, and municipalities.
(3) "Parent" means a biological, foster, or adoptive parent, a
stepparent, or a legal guardian.
(4) "Sick leave" means accrued increments of compensated leave
provided by an employer to an employee as a benefit of the employment
for use by the employee during an absence from the employment for
any of the following reasons:
(A) The employee is physically or mentally unable to perform his
or her duties due to illness, injury, or a medical condition of the
employee.
(B) The absence is for the purpose of obtaining professional
diagnosis or treatment for a medical condition of the employee.
(C) The absence is for other medical reasons of the employee, such
as pregnancy or obtaining a physical examination.
"Sick leave" does not include any benefit provided under an
employee welfare benefit plan subject to the federal Employee
Retirement Income Security Act of 1974 (Public Law 93-406, as
amended) and does not include any insurance benefit, workers'
compensation benefit, unemployment compensation disability benefit,
or benefit not payable from the employer's general assets.
(c) No employer shall deny an employee the right to use sick leave
or discharge, threaten to discharge, demote, suspend, or in any
manner discriminate against an employee for using, or attempting to
exercise the right to use, sick leave to attend to an illness of a
child, parent, or spouse , or domestic
partner of the employee.
(d) Any employee aggrieved by a violation of this section shall
be entitled to reinstatement and actual damages or one day's pay,
whichever is greater, and to appropriate equitable relief.
(e) Upon the filing of a complaint by an employee, the Labor
Commissioner shall enforce the provisions of this section in
accordance with the provisions of Chapter 4 (commencing with Section
79) of Division 1, including, but not limited to, Sections 92, 96.7,
98, and 98.1 to 98.8, inclusive. Alternatively, an employee may
bring a civil action for the remedies provided by this section in a
court of competent jurisdiction. If the employee prevails, the court
may award reasonable attorney's fees.
(f) The rights and remedies specified in this section are
cumulative and nonexclusive and are in addition to any other rights
or remedies afforded by contract or under other provisions of law.
SEC. 9. Section 37 is added to the Probate Code, to read:
37. "Domestic partner" means one of two persons who have filed a
Declaration of Domestic Partnership with the Secretary of State
pursuant to Division 2.5 (commencing with Section 297) of the Family
Code, provided that the domestic partnership has not been terminated
pursuant to Section 299 of the Family Code.
SEC. 10. Section 1460 of the Probate Code is amended to read:
1460. (a) Subject to Sections 1202 and 1203, if notice of hearing
is required under this division but the applicable provision does
not fix the manner of giving notice of hearing, the notice of the
time and place of the hearing shall be given at least 15 days before
the day of the hearing as provided in this section.
(b) Subject to subdivision (e), the petitioner, who includes for
the purposes of this section a person filing a petition, report, or
account, shall cause the notice of hearing to be mailed to each of
the following persons:
(1) The guardian or conservator.
(2) The ward or the conservatee.
(3) The spouse of the ward or conservatee, if the ward or
conservatee has a spouse , or the domestic partner of the
conservatee, if the conservatee has a domestic partner .
(4) Any person who has requested special notice of the matter, as
provided in Section 2700.
(5) For any hearing on a petition to terminate a guardianship, to
accept the resignation of, or to remove the guardian, the persons
described in subdivision (c) of Section 1510.
(6) For any hearing on a petition to terminate a conservatorship,
to accept the resignation of, or to remove the conservator, the
persons described in subdivision (b) of Section 1821.
(c) The clerk of the court shall cause the notice of the hearing
to be posted as provided in Section 1230 if the posting is required
by subdivision (c) of Section 2543 (sales).
(d) Except as provided in subdivision (e), nothing in this section
excuses compliance with the requirements for notice to a person who
has requested special notice pursuant to Chapter 10 (commencing with
Section 2700) of Part 4.
(e) The court for good cause may dispense with the notice
otherwise required to be given to a person as provided in this
section.
SEC. 11. Section 1811 of the Probate Code is amended to read:
1811. (a) Subject to Section 1813, the spouse , domestic
partner, or an adult child, parent, brother, or sister of the
proposed conservatee may nominate a conservator in the petition or at
the hearing on the petition.
(b) Subject to Section 1813, the spouse , domestic partner,
or a parent of the proposed conservatee may nominate a
conservator in a writing signed either before or after the petition
is filed and the that nomination
remains effective notwithstanding the subsequent legal incapacity or
death of the spouse , domestic partner, or parent.
SEC. 12. Section 1812 of the Probate Code is amended to read:
1812. (a) Subject to Sections 1810 and 1813, the selection of a
conservator of the person or estate, or both, is solely in the
discretion of the court and, in making the selection, the court is to
be guided by what appears to be for the best interests of the
proposed conservatee.
(b) Subject to Sections 1810 and 1813, of persons equally
qualified in the opinion of the court to appointment as conservator
of the person or estate or both, preference is to be given in the
following order:
(1) The spouse or domestic partner of the proposed
conservatee or the person nominated by the spouse or domestic
partner pursuant to Section 1811.
(2) An adult child of the proposed conservatee or the person
nominated by the child pursuant to Section 1811.
(3) A parent of the proposed conservatee or the person nominated
by the parent pursuant to Section 1811.
(4) A brother or sister of the proposed conservatee or the person
nominated by the brother or sister pursuant to Section 1811.
(5) Any other person or entity eligible for appointment as a
conservator under this code or, if there is no such
person or entity willing to act as a conservator, under the
Welfare and Institutions Code.
(c) The preference for any nominee for appointment under
paragraphs (2), (3), and (4) of subdivision (b) is subordinate to the
preference for any other parent, child, brother, or sister in
such that class.
SEC. 13. Section 1820 of the Probate Code is amended to read:
1820. (a) A petition for the appointment of a conservator may be
filed by any of the following:
(1) The proposed conservatee.
(2) The spouse or domestic partner of the proposed
conservatee.
(3) A relative of the proposed conservatee.
(4) Any interested state or local entity or agency of this state
or any interested public officer or employee of this state or of a
local public entity of this state.
(5) Any other interested person or friend of the proposed
conservatee.
(b) If the proposed conservatee is a minor, the petition may be
filed during his or her minority so that the appointment of a
conservator may be made effective immediately upon the minor's
attaining the age of majority. An existing guardian of the minor may
be appointed as conservator under this part upon the minor's
attaining the age of majority, whether or not the guardian's accounts
have been settled.
(c) A creditor of the proposed conservatee may not file a petition
for appointment of a conservator unless the creditor is a person
described in paragraph (2), (3), or (4) of subdivision (a).
SEC. 14. Section 1821 of the Probate Code is amended to read:
1821. (a) The petition shall request that a conservator be
appointed for the person or estate, or both, shall specify the name,
address, and telephone number of the proposed conservator and the
name, address, and telephone number of the proposed conservatee, and
state the reasons why a conservatorship is necessary. Unless the
petitioner is a bank or other entity authorized to conduct the
business of a trust company, the petitioner shall also file
supplemental information as to why the appointment of a conservator
is required. The supplemental information to be submitted shall
include a brief statement of facts addressed to each of the following
categories:
(1) The inability of the proposed conservatee to properly provide
for his or her needs for physical health, food, clothing, and
shelter.
(2) The location of the proposed conservatee's residence and the
ability of the proposed conservatee to live in the residence while
under conservatorship.
(3) Alternatives to conservatorship considered by the petitioner
and reasons why those alternatives are not available.
(4) Health or social services provided to the proposed conservatee
during the year preceding the filing of the petition, when the
petitioner has information as to those services.
(5) The inability of the proposed conservatee to substantially
manage his or her own financial resources, or to resist fraud or
undue influence.
The facts required to address the categories set forth in
paragraphs (1) to (5), inclusive, shall be set forth by the
petitioner when he or she has knowledge of the facts or by the
declarations or affidavits of other persons having knowledge of those
facts.
Where any of the categories set forth in paragraphs (1) to (5),
inclusive, are not applicable to the proposed conservatorship, the
petitioner shall so indicate and state on the supplemental
information form the reasons therefor.
The Judicial Council shall develop a supplemental information form
for the information required pursuant to paragraphs (1) to (5),
inclusive, after consultation with individuals or organizations
approved by the Judicial Council, who represent public conservators,
court investigators, the State Bar, specialists with experience in
performing assessments and coordinating community-based services, and
legal services for the elderly and disabled.
The supplemental information form shall be separate and distinct
from the form for the petition. The supplemental information shall
be confidential and shall be made available only to parties, persons
given notice of the petition who have requested this supplemental
information or who have appeared in the proceedings, their attorneys,
and the court. The court shall have discretion at any other time to
release the supplemental information to other persons if it would
serve the interests of the conservatee. The county clerk shall make
provision for limiting disclosure of the supplemental information
exclusively to persons entitled thereto under this section.
(b) The petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the spouse or domestic
partner, and of the relatives of the
proposed conservatee within the second degree. If no
spouse or domestic partner of the proposed conservatee,
or relatives of the proposed conservatee within the second degree are
known to the petitioner, the petition shall set forth, so far as
they are known to the petitioner, the names and addresses of the
following persons who, for the purposes of Section 1822, shall all be
deemed to be relatives:
(1) A spouse or domestic partner of a predeceased
parent of a proposed conservatee.
(2) The children of a predeceased spouse or domestic partner
of a proposed conservatee.
(3) The siblings of the proposed conservatee's parents, if any,
but if none, then the natural and adoptive children of the proposed
conservatee's parents' siblings.
(4) The natural and adoptive children of the proposed conservatee'
s siblings.
(c) If the petition is filed by a person other than the proposed
conservatee, the petition shall state whether or not the petitioner
is a creditor or debtor, or the agent of a creditor or debtor, of the
proposed conservatee.
(d) If the proposed conservatee is a patient in or on leave of
absence from a state institution under the jurisdiction of the State
Department of Mental Health or the State Department of Developmental
Services and that fact is known to the petitioner, the petition shall
state that fact and name the institution.
(e) The petition shall state, so far as is known to the
petitioner, whether or not the proposed conservatee is receiving or
is entitled to receive benefits from the Veterans Administration and
the estimated amount of the monthly benefit payable by the Veterans
Administration for the proposed conservatee.
(f) The petition may include an application for any order or
orders authorized under this division, including, but not limited to,
orders under Chapter 4 (commencing with Section 1870).
(g) The petition may include a further statement that the proposed
conservatee is not willing to attend the hearing on the petition,
does not wish to contest he the
establishment of the conservatorship, and does not object to the
proposed conservator or prefer that another person act as
conservator.
(h) In the case of an allegedly developmentally disabled adult the
petition shall set forth the following:
(1) The nature and degree of the alleged disability, the specific
duties and powers requested by or for the limited conservator, and
the limitations of civil and legal rights requested to be included in
the court's order of appointment.
(2) Whether or not the proposed limited conservatee is or is
alleged to be developmentally disabled.
Reports submitted pursuant to Section 416.8 of the Health and
Safety Code meet the requirements of this section, and
conservatorships filed pursuant to Article 7.5 (commencing with
Section 416) of Part 1 of Division 1 of the Health and Safety Code
are exempt from providing the supplemental information required by
this section, so long as the guidelines adopted by the State
Department of Developmental Services for regional centers require the
same information which is required pursuant to this section.
SEC. 15. 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
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.
SEC. 16. Section 1829 of the Probate Code is amended to read:
1829. Any of the following persons may appear at the hearing to
support or oppose the petition:
(a) The proposed conservatee.
(b) The spouse or domestic partner of the proposed
conservatee.
(c) A relative of the proposed conservatee.
(d) Any interested person or friend of the proposed conservatee.
SEC. 17. Section 1861 of the Probate Code is amended to read:
1861. (a) A petition for the termination of the conservatorship
may be filed by any of the following:
(1) The conservator.
(2) The conservatee.
(3) The spouse or any interested person or
spouse, or domestic partner, or any relative or friend of the
conservatee or other interested person .
(b) The petition shall state facts showing that the
conservatorship is no longer required.
SEC. 18. Section 1863 of the Probate Code is amended to read:
1863. (a) The court shall hear and determine the matter according
to the law and procedure relating to the trial of civil actions,
including trial by jury if demanded by the conservatee. The
conservator, the conservatee, or the spouse , or domestic
partner, or any relative or friend of the conservatee or other
interested person may appear and support or oppose the petition.
(b) If the court determines that the conservatorship is no longer
required or that grounds for establishment of a conservatorship of
the person or estate, or both, no longer exist, the court shall make
such a this finding and shall enter
judgment terminating the conservatorship accordingly.
(c) At the hearing, or thereafter on further notice and hearing,
the conservator may be discharged and the bond given by the
conservator may be exonerated upon the settlement and approval of the
conservator's final account by the court.
(d) Termination of conservatorship does not preclude a new
proceeding for appointment of a conservator on the same or other
grounds.
SEC. 19. Section 1871 of the Probate Code is amended to read:
1871. Nothing in this article shall be construed to deny a
conservatee any of the following:
(a) The right to control an allowance provided under Section 2421.
(b) The right to control wages or salary to the extent provided in
Section 2601.
(c) The right to make a will.
(d) The right to enter into transactions to the extent reasonable
to provide the necessaries of life to the conservatee and the spouse
and minor children of the conservatee and to provide the basic
living expenses, as defined in Section 297 of the Family Code, to the
domestic partner of the conservatee .
SEC. 20. Section 1873 of the Probate Code is amended to read:
1873. (a) In the order appointing the conservator or upon a
petition filed under Section 1874, the court may by order authorize
the conservatee, subject to Section 1876, to enter into such
transactions or types of transactions as may be
appropriate in the circumstances of the particular conservatee and
conservatorship estate. The court, by order, may modify the legal
capacity a conservatee would otherwise have under Section 1872 by
broadening or restricting the power of the conservatee to enter into
such transactions or types of transactions as may
be appropriate in the circumstances of the particular conservatee and
conservatorship estate.
(b) In an order made under this section, the court may include
such limitations or conditions on the exercise of
the authority granted to the conservatee as the court determines to
be appropriate including, but not limited to, the following:
(1) A requirement that for specific types of transactions or for
all transactions authorized by the order, the conservatee obtain
prior approval of the transaction by the court or conservator before
exercising the authority granted by the order.
(2) A provision that the conservator has the right to avoid any
transaction made by the conservatee pursuant to the authority of the
order if the transaction is not one into which a reasonably prudent
person might enter.
(c) The court, in its discretion, may provide in the order that,
unless extended by subsequent order of the court, the order or
specific provisions of the order terminate at a time specified in the
order.
(d) An order under this section continues in effect until the
earliest of the following times:
(1) The time specified in the order, if any.
(2) The time the order is modified or revoked.
(3) The time the conservatorship of the estate is terminated.
(e) An order under this section may be modified or revoked upon
petition filed by the conservator, conservatee, the spouse or
domestic partner of the conservatee, or any relative or friend
of the conservatee, or any interested person. Notice of the hearing
on the petition shall be given for the period and in the manner
provided in Chapter 3 (commencing with Section 1460) of Part 1.
SEC. 21. Section 1874 of the Probate Code is amended to read:
1874. (a) After a conservator has been appointed, a petition
requesting an order under Section 1873 may be filed by any of the
following:
(1) The conservator.
(2) The conservatee.
(3) The spouse , domestic partner, or any relative or
friend of the conservatee.
(b) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
SEC. 22. Section 1891 of the Probate Code is amended to read:
1891. (a) A petition may be filed under this article requesting
that the court make an order under Section 1880 or that the court
modify or revoke an order made under Section 1880. The petition
shall state facts showing that the order requested is appropriate.
(b) The petition may be filed by any of the following:
(1) The conservator.
(2) The conservatee.
(3) The spouse , domestic partner, or any relative or
friend of the conservatee.
(c) The petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the spouse or domestic
partner and of the relatives of the conservatee within the
second degree.
SEC. 23. Section 1895 of the Probate Code is amended to read:
1895. (a) The conservatee, the spouse or any relative or
, the domestic partner, any relative, or any
friend of the conservatee, the conservator, or any other interested
person may appear at the hearing to support or oppose the petition.
(b) Except where the conservatee is absent from the hearing and is
not required to attend the hearing under the provisions of Section
1893 and any showing required by Section 1893 has been made, the
court shall, prior to granting the petition, inform the conservatee
of all of the following:
(1) The nature and purpose of the proceeding.
(2) The nature and effect on the conservatee's basic rights of the
order requested.
(3) The conservatee has the right to oppose the petition, to be
represented by legal counsel if the conservatee so chooses, and to
have legal counsel appointed by the court if unable to retain legal
counsel.
(c) After the court informs the conservatee of the matters listed
in subdivision (b) and prior to granting the petition, the court
shall consult the conservatee to determine the conservatee's opinion
concerning the order requested in the petition.
SEC. 24. Section 2212 of the Probate Code is amended to read:
2212. The petition for transfer may be filed only by one or more
of the following:
(a) The guardian or conservator.
(b) The ward or conservatee.
(c) The spouse of the ward or the spouse or domestic partner
of the conservatee.
(d) A relative or friend of the ward or conservatee.
(e) Any other interested person.
SEC. 25. Section 2213 of the Probate Code is amended to read:
2213. The petition for transfer shall set forth all of the
following:
(a) The county to which the proceeding is to be transferred.
(b) The name and address of the ward or conservatee.
(c) A brief description of the character, value, and location of
the property of the ward or conservatee.
(d) The reasons for the transfer.
(e) The names and addresses, so far as they are known to the
petitioner, of the spouse and of the relatives of the ward
within the second degree, or of the spouse or domestic
partner and of the relatives of the conservatee within the
second degree.
(f) The name and address of the guardian or conservator if other
than the petitioner.
SEC. 26. Section 2357 of the Probate Code is amended to read:
2357. (a) As used in this section:
(1) "Guardian or conservator" includes a temporary guardian of the
person or a temporary conservator of the person.
(2) "Ward or conservatee" includes a person for whom a temporary
guardian of the person or temporary conservator of the person has
been appointed.
(b) If the ward or conservatee requires medical treatment for an
existing or continuing medical condition which is not authorized to
be performed upon the ward or conservatee under Section 2252, 2353,
2354, or 2355, and the ward or conservatee is unable to give an
informed consent to such this medical
treatment, the guardian or conservator may petition the court under
this section for an order authorizing such
the medical treatment and authorizing the guardian or
conservator to consent on behalf of the ward or conservatee to
such the medical treatment.
(c) The petition shall state, or set forth by medical affidavit
attached thereto, all of the following so far as is known to the
petitioner at the time the petition is filed:
(1) The nature of the medical condition of the ward or conservatee
which requires treatment.
(2) The recommended course of medical treatment which is
considered to be medically appropriate.
(3) The threat to the health of the ward or conservatee if
authorization to consent to the recommended course of treatment is
delayed or denied by the court.
(4) The predictable or probable outcome of the recommended course
of treatment.
(5) The medically available alternatives, if any, to the course of
treatment recommended.
(6) The efforts made to obtain an informed consent from the ward
or conservatee.
(7) The name and addresses, so far as they are known to the
petitioner, of the persons specified in subdivision (c) of Section
1510 in a guardianship proceeding or subdivision (b) of Section 1821
in a conservatorship proceeding.
(d) Upon the filing of the petition, unless an attorney is already
appointed the court shall appoint the public defender or private
counsel under Section 1471, to consult with and represent the ward or
conservatee at the hearing on the petition and, if that appointment
is made, Section 1472 applies.
(e) Notice of the Petition petition
shall be given as follows:
(1) Not less than 15 days before the hearing, notice of the time
and place of the hearing, and a copy of the petition shall be
personally served on the ward, if 12 years of age or older, or the
conservatee, and on the attorney for the ward or conservatee.
(2) Not less than 15 days before the hearing, notice of the time
and place of the hearing, and a copy of the petition shall be mailed
to the following persons:
(A) The spouse or domestic partner , if any, of the
proposed conservatee at the address stated in the petition.
(B) The relatives named in the petition at their addresses stated
in the petition.
(f) For good cause, the court may shorten or waive notice of the
hearing as provided by this section. In determining the period of
notice to be required, the court shall take into account both of the
following:
(1) The existing medical facts and circumstances set forth in the
petition or in a medical affidavit attached to the petition or in a
medical affidavit presented to the court.
(2) The desirability, where the condition of the ward or
conservatee permits, of giving adequate notice to all interested
persons.
(g) Notwithstanding subdivisions (e) and (f), the matter may be
submitted for the determination of the court upon proper and
sufficient medical affidavits or declarations if the attorney for the
petitioner and the attorney for the ward or conservatee so stipulate
and further stipulate that there remains no issue of fact to be
determined.
(h) The court may make an order authorizing the recommended course
of medical treatment of the ward or conservatee and authorizing the
guardian or conservator to consent on behalf of the ward or
conservatee to the recommended course of medical treatment for the
ward or conservatee if the court determines from the evidence all of
the following:
(1) The existing or continuing medical condition of the ward or
conservatee requires the recommended course of medical treatment.
(2) If untreated, there is a probability that the condition will
become life-endangering or result in a serious threat to the physical
or mental health of the ward or conservatee.
(3) The ward or conservatee is unable to give an informed consent
to the recommended course of treatment.
(i) Upon petition of the ward or conservatee or other interested
person, the court may order that the guardian or conservator obtain
or consent to, or obtain and consent to, specified medical treatment
to be performed upon the ward or conservatee. Notice of the hearing
on the petition under this subdivision shall be given for the period
and in the manner provided in Chapter 3 (commencing with Section
1460) of Part 1.
SEC. 27. Section 2423 of the Probate Code is amended to read:
2423. (a) Upon petition of the conservator, the conservatee, the
spouse or domestic partner of the conservatee, or a
relative within the second degree of the conservatee, the court may
by order authorize or direct the conservator to pay and distribute
surplus income of the estate or any part of such
the surplus income (not used for the support, maintenance,
and education of the conservatee and of those legally entitled to
support, maintenance, or education from the conservatee) to the
spouse or domestic partner of the conservatee and to
such relatives within the second degree of the
conservatee whom the conservatee would, in the judgment of the court,
have aided but for the existence of the conservatorship. The court
in ordering payments under this section may impose conditions if the
court determines that the conservatee would have imposed
such the conditions if the conservatee had the
capacity to act.
(b) The granting of the order and the amounts and proportions of
the payments are discretionary with the court, but the court shall
consider all of the following:
(1) The amount of surplus income available after adequate
provision has been made for the comfortable and suitable support,
maintenance, and education of the conservatee and of those legally
entitled to support, maintenance, or education from the conservatee.
(2) The circumstances and condition of life to which the
conservatee and the spouse or domestic partner and
such relatives have been accustomed.
(3) The amount which that the
conservatee would in the judgment of the court have allowed the
spouse or domestic partner and such
relatives but for the existence of the conservatorship.
(c) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
SEC. 28. Section 2430 of the Probate Code is amended to read:
2430. (a) Subject to subdivisions (b) and (c), the guardian or
conservator shall pay the following from any principal and income of
the estate:
(1) The debts incurred by the ward or conservatee before creation
of the guardianship or conservatorship, giving priority to the debts
described in Section 2431 to the extent required by that section.
(2) The debts incurred by the ward or conservatee during the
guardianship or conservatorship to provide the necessaries of life to
the ward or conservatee, and to the spouse and minor children of the
ward or conservatee, to the extent the debt is reasonable.
Also, the debts reasonably incurred by the conservatee during the
conservatorship to provide the basic living expenses, as defined in
Section 297 of the Family Code, to the domestic partner of the
conservatee. The guardian or conservator may deduct the amount
of any payments for such these debts
from any allowance otherwise payable to the ward or conservatee.
(3) In the case of a conservatorship, any other debt incurred by
the conservatee during the conservatorship only if the debt satisfies
the requirements of any order made under Chapter 4 (commencing with
Section 1870) of Part 3.
(4) The reasonable expenses incurred in the collection, care, and
administration of the estate, but court authorization is required for
payment of compensation to any of the following:
(i)
(A) The guardian or conservator of the person or estate or
both.
(ii)
(B) An attorney for the guardian or conservator of the
person or estate or both.
(iii)
(C) An attorney for the ward or conservatee.
(iv)
(D) An attorney for the estate.
(v)
(E) The public guardian for the costs and fee under Section
2902.
(b) The payments provided for by paragraph (3) of subdivision (a)
are not required to be made to the extent such
the payments would impair the ability to provide the
necessaries of life to the conservatee and the spouse and minor
children of the conservatee and to provide the basic living
expenses, as defined in Section 297 of the Family Code, of the
domestic partner of the conservatee.
(c) The guardian or conservator may petition the court under
Section 2403 for instructions when there is doubt whether a debt
should be paid under this section.
SEC. 29. Section 2504 of the Probate Code is amended to read:
2504. Court approval is required for the compromise or settlement
of any of the following:
(a) A claim for the support, maintenance, or education of (1) the
ward or conservatee, or (2) a person whom the ward or conservatee is
legally obligated to support, maintain, or educate, against any other
person (including , but not limited to , the
spouse or parent of the ward or the spouse, domestic partner,
parent, or adult child of the conservatee).
(b) A claim of the ward or conservatee for wrongful death.
(c) A claim of the ward or conservatee for physical or nonphysical
harm to the person.
SEC. 30. Section 2572 of the Probate Code is amended to read:
2572. An order authorizing the guardian or conservator to
purchase real property may authorize the guardian or conservator to
join with the spouse of the ward or the spouse or domestic
partner of the conservatee or with any other person or persons
in the purchase of the real property, or an interest, equity, or
estate therein, in severalty, in common, in community, or in joint
tenancy, for cash or upon a credit or for part cash and part credit.
When the court authorizes the purchase of real property, the court
may order the guardian or conservator to execute all necessary
instruments and commitments to complete the transaction.
SEC. 31. Section 2580 of the Probate Code is amended to read:
2580. (a) The conservator or other interested person may file a
petition under this article for an order of the court authorizing or
requiring the conservator to take a proposed action for any one or
more of the following purposes:
(1) Benefiting the conservatee or the estate.
(2) Minimizing current or prospective taxes or expenses of
administration of the conservatorship estate or of the estate upon
the death of the conservatee.
(3) Providing gifts for any purposes, and to any charities,
relatives (including the other spouse) spouse
or domestic partner) , friends, or other objects of bounty, as
would be likely beneficiaries of gifts from the conservatee.
(b) The action proposed in the petition may include, but is not
limited to, the following:
(1) Making gifts of principal or income, or both, of the estate,
outright or in trust.
(2) Conveying or releasing the conservatee's contingent and
expectant interests in property, including marital property rights
and any right of survivorship incident to joint tenancy or tenancy by
the entirety.
(3) Exercising or releasing the conservatee's powers as donee of a
power of appointment.
(4) Entering into contracts.
(5) Creating for the benefit of the conservatee or others,
revocable or irrevocable trusts of the property of the estate, which
trusts may extend beyond the conservatee's disability or life. A
special needs trust for money paid pursuant to a compromise or
judgment for a conservatee may be established only under Chapter 4
(commencing with Section 3600) of Part 8, and not under this article.
(6) Transferring to a trust created by the conservator or
conservatee any property unintentionally omitted from the trust.
(7) Exercising options of the conservatee to purchase or exchange
securities or other property.
(8) Exercising the rights of the conservatee to elect benefit or
payment options, to terminate, to change beneficiaries or ownership,
to assign rights, to borrow, or to receive cash value in return for a
surrender of rights under any of the following:
(i) Life insurance policies, plans, or benefits.
(ii) Annuity policies, plans, or benefits.
(iii) Mutual fund and other dividend investment plans.
(iv) Retirement, profit-sharing, and employee welfare plans and
benefits.
(9) Exercising the right of the conservatee to elect to take under
or against a will.
(10) Exercising the right of the conservatee to disclaim any
interest that may be disclaimed under Part 8 (commencing with Section
260) of Division 2.
(11) Exercising the right of the conservatee (i) to revoke or
modify a revocable trust or (ii) to surrender the right to revoke or
modify a revocable trust, but the court shall not authorize or
require the conservator to exercise the right to revoke or modify a
revocable trust if the instrument governing the trust (i) evidences
an intent to reserve the right of revocation or modification
exclusively to the conservatee, (ii) provides expressly that a
conservator may not revoke or modify the trust, or (iii) otherwise
evidences an intent that would be inconsistent with authorizing or
requiring the conservator to exercise the right to revoke or modify
the trust.
(12) Making an election referred to in Section 13502 or an
election and agreement referred to in Section 13503.
(13) Making a will.
SEC. 32. Section 2614.5 of the Probate Code is amended to read:
2614.5. (a) If the guardian or conservator fails to file an
inventory and appraisal within the time allowed by law or by court
order, upon request of the ward or conservatee, the spouse of
the ward or the spouse or domestic partner of the
conservatee, any relative or friend of the ward or conservatee,
or any interested person, the court shall order the guardian or
conservator to file the inventory and appraisal within such
time as the time prescribed in the order
prescribes or to show cause why the guardian or
conservator should not be removed. The person who requested the
order shall serve it upon the guardian or conservator in the manner
provided in Section 415.10 or 415.30 of the Code of Civil Procedure
or in such a manner as is ordered by
the court.
(b) If the guardian or conservator fails to file the inventory and
appraisal as required by the order within the time prescribed in the
order, unless good cause is shown for not doing so, the court, on
its own motion or on petition, may remove the guardian or
conservator, revoke the letters of guardianship or conservatorship,
and enter judgment accordingly, and order the guardian or conservator
to file an account and to surrender the estate to the person legally
entitled thereto.
(c) The procedure provided in this section is optional and does
not preclude the use of any other remedy or sanction when an
inventory and appraisal is not timely filed.
SEC. 33. Section 2622 of the Probate Code is amended to read:
2622. The ward or conservatee, the spouse of the ward
or the spouse or domestic partner of the conservatee, any
relative or friend of the ward or conservatee, or any creditor or
other interested person may file written objections to the account of
the guardian or conservator, stating the items of the account to
which objection is made and the basis for the objection.
SEC. 34. Section 2651 of the Probate Code is amended to read:
2651. The ward or conservatee, the spouse of the ward
or the spouse or domestic partner of the conservatee, any
relative or friend of the ward or conservatee, or any interested
person may apply by petition to the court to have the guardian or
conservator removed. The petition shall state facts showing cause
for removal.
SEC. 35. Section 2653 of the Probate Code is amended to read:
2653. (a) The guardian or conservator, the ward or conservatee,
the spouse of the ward or the spouse or domestic
partner of the conservatee, any relative or friend of the ward
or conservatee, and any interested person, may appear at the hearing
and support or oppose the petition.
(b) If the court determines that cause for removal of the guardian
or conservator exists, the court may remove the guardian or
conservator, revoke the letters of guardianship or conservatorship,
and enter judgment accordingly and, in the case of a guardianship or
conservatorship of the estate, order the guardian or conservator to
file an account and to surrender the estate to the person legally
entitled thereto. If the guardian or conservator fails to file the
account as ordered, the court may compel the account pursuant to
Section 2629.
SEC. 36. Section 2681 of the Probate Code is amended to read:
2681. A petition for appointment of a successor conservator may
be filed by any of the following:
(a) The conservatee.
(b) The spouse or domestic partner of the conservatee.
(c) A relative of the conservatee.
(d) Any interested state or local entity or agency of this state
or any interested public officer or employee of this state or of a
local public entity of this state.
(e) Any other interested person or friend of the conservatee.
SEC. 37. Section 2682 of the Probate Code is amended to read:
2682. (a) The petition shall request that a successor conservator
be appointed for the person or estate, or both, and shall specify
the name and address of the proposed successor conservator and the
name and address of the conservatee.
(b) The petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the spouse or domestic
partner and of the relatives of the conservatee within the
second degree.
(c) If the petition is filed by one other than the conservatee,
the petition shall state whether or not the petitioner is a creditor
or debtor of the conservatee.
(d) If the conservatee is a patient in or on leave of absence from
a state institution under the jurisdiction of the State Department
of Mental Health or the State Department of Developmental Services
and that fact is known to the petitioner, the petition shall state
that fact and name the institution.
(e) The petition shall state, so far as is known to the
petitioner, whether or not the conservatee is receiving or is
entitled to receive benefits from the Veterans Administration and the
estimated amount of the monthly benefit payable by the Veterans
Administration for the conservatee.
(f) The petition shall state whether or not the conservatee will
be present at the hearing.
SEC. 38. Section 2687 of the Probate Code is amended to read:
2687. The conservatee, the spouse , the domestic partner,
or any relative or friend of the conservatee, or any other
interested person may appear at the hearing to support or oppose the
petition.
SEC. 39. Section 2700 of the Probate Code is amended to read:
2700. (a) At any time after the issuance of letters of
guardianship or conservatorship, the ward , if over 14
years of age or the conservatee, the spouse of the ward or
the spouse or domestic partner of the conservatee, any
relative or creditor of the ward or conservatee, or any other
interested person, in person or by attorney, may file with the court
clerk a written request for special notice.
(b) The request for special notice shall be so entitled and shall
set forth the name of the person and the address to which notices
shall be sent.
(c) Special notice may be requested of any one or more of the
following matters:
(1) Petitions filed in the guardianship or conservatorship
proceeding.
(2) Inventories and appraisals of property in the estate,
including any supplemental inventories and appraisals.
(3) Accounts of the guardian or conservator.
(4) Proceedings for the final termination of the guardianship or
conservatorship proceeding.
(d) Special notice may be requested of:
(1) Any one or more of the matters in subdivision (c) by
describing the matter or matters.
(2) All the matters in subdivision (c) by referring generally to
"the matters described in subdivision (c) of Section 2700 of the
Probate Code" or by using words of similar meaning.
(e) A copy of the request shall be personally delivered or mailed
to the guardian or conservator or to the attorney for the guardian or
conservator. If personally delivered, the request is effective when
it is delivered. If mailed, the request is effective when it is
received.
(f) When the original of the request is filed with the court
clerk, it shall be accompanied by a written admission or proof of
service.
SEC. 40. Section 2803 of the Probate Code is amended to read:
2803. The petition shall set forth all of the following:
(a) The name and address of:
(1) The foreign guardian or conservator, who may but need not be
the guardian or conservator appointed in this state.
(2) The ward or conservatee.
(3) The guardian or conservator, so far as is known to the
petitioner.
(b) The names, ages, and addresses, so far as they are known to
the petitioner, of the spouse of the ward or the spouse or
domestic partner of the conservatee and of relatives of the
ward or conservatee within the second degree.
(c) A brief description of the character, condition, value, and
location of the personal property sought to be transferred.
(d) A statement whether the foreign guardian or conservator has
agreed to accept the transfer of the property. If the foreign
guardian or conservator has so agreed, the acceptance shall be
attached as an exhibit to the petition or otherwise filed with the
court.
(e) A statement of the manner in which and by whom the foreign
guardian or conservator was appointed.
(f) A general statement of the qualifications of the foreign
guardian or conservator.
(g) The amount of bond, if any, of the foreign guardian or
conservator.
(h) A general statement of the nature and value of the property of
the ward or conservatee already under the management or control of
the foreign guardian or conservator.
(i) The name of the court having jurisdiction of such
the foreign guardian or conservator or of the
accounts of such the foreign guardian
or conservator or, if none, the court in which a proceeding may be
had with respect to the guardianship or conservatorship if the
property is transferred.
(j) Whether there is any pending civil action in this state
against the guardian or conservator, the ward or conservatee, or the
estate.
(k) A statement of the reasons for the transfer.
SEC. 41. Section 2805 of the Probate Code is amended to read:
2805. Any of the following may appear and file written objections
to the petition:
(a) Any person required to be listed in the petition.
(b) Any creditor of the ward or conservatee or of the estate.
(c) The spouse of the ward or the spouse or domestic partner
of the conservatee, or any relative or friend of the ward or
conservatee.
(d) Any other interested person.
SEC. 42. Section 6240 of the Probate Code is amended to read:
6240. The following is the California statutory will
Statutory Will form:
QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL
The following information, in question and answer form, is not a
part of the California Statutory Will. It is designed to help you
understand about Wills and to decide if this Will meets your needs.
This Will is in a simple form. The complete text of each paragraph
of this Will is printed at the end of the Will.
1. What happens if I die without a Will? If you die without a
Will, what you own (your "assets") in your name alone will be divided
among your spouse, domestic partner, children, or other
relatives according to state law. The court will appoint a relative
to collect and distribute your assets.
2. What can a Will do for me? In a Will you may designate who
will receive your assets at your death. You may designate someone
(called an "executor") to appear before the court, collect your
assets, pay your debts and taxes, and distribute your assets as you
specify. You may nominate someone (called a "guardian") to raise
your children who are under age 18. You may designate someone
(called a "custodian") to manage assets for your children until they
reach any age between 18 and 25.
3. Does a Will avoid probate? No. With or without a Will, assets
in your name alone usually go through the court probate process.
The court's first job is to determine if your Will is valid.
4. What is community property? Can I give away my share in my
Will? If you are married and you or your spouse earned money during
your marriage from work and wages, that money (and the assets bought
with it) is community property. Your Will can only give away your
one-half of community property. Your Will cannot give away your
spouse's one-half of community property.
5. Does my Will give away all of my assets? Do all assets go
through probate? No. Money in a joint tenancy bank account
automatically belong belongs to the
other named owner without probate. If your spouse , domestic
partner, or child is on the deed to your house as a joint
tenant, the house automatically passes to him or her. Life insurance
and retirement plan benefits may pass directly to the named
beneficiary. A Will does not necessarily control how these types of
"nonprobate" assets pass at your death.
6. Are there different kinds of Wills? Yes. There are
handwritten Wills, typewritten Wills, attorney-prepared Wills, and
statutory Wills. All are valid if done precisely as the law
requires. You should see a lawyer if you do not want to use this
statutory Will or if you do not understand this form.
7. Who may use this Will? This Will is based on California law.
It is designed only for California residents. You may use this form
if you are single, married, a member of a domestic partnership,
or divorced. You must be age 18 or older and or
of sound mind.
8. Are there any reasons why I should NOT use this statutory Will?
Yes. This is a simple Will. It is not designed to reduce death
taxes or other taxes. Talk to a lawyer to do tax planning,
especially if (i) your assets will be worth more than $600,000
or the current amount excluded from estate tax under federal law
at your death, (ii) you own business related
business-related assets, (iii) you want to create a trust
fund for your children's education or other purposes, (iv) you own
assets in some other state, (v) you want to disinherit your spouse or
descendants, or (vi) you have valuable interests in pension or
profit sharing profit-sharing plans.
You should talk to a lawyer who knows about estate planning if this
Will does not meet your needs. This Will treats most adopted
children like natural children. You should talk to a lawyer if you
have stepchildren or foster children whom you have not adopted.
9. May I add or cross out any words on this Will? No. If you do,
the Will may be invalid or the court may ignore the crossed out or
added words. You may only fill in the blanks. You may amend this
Will by a separate document (called a codicil). Talk to a lawyer if
you want to do something with your assets which is not allowed in
this form.
10. May I change my Will? Yes. A Will is not effective until you
die. You may make and sign a new Will. You may change your Will at
any time, but only by an amendment (called a codicil). You can give
away or sell your assets before your death. Your Will only acts on
what you own at death.
11. Where should I keep my Will? After you and the witnesses sign
the Will, keep your Will in your safe deposit box or other safe
place. You should tell trusted family members where your Will is
kept.
12. When should I change my Will? You should make and sign a new
Will if you marry or divorce after you sign this Will. Divorce or
annulment automatically cancels all property stated to pass to a
former husband or wife under this Will, and revokes the designation
of a former spouse as executor, custodian, or guardian. You should
sign a new Will when you have more children, or if your spouse or a
child dies , or a domestic partner dies or marries . You
may want to change your Will if there is a large change in the value
of your assets. You may also want to change your Will if you
enter a domestic partnership or your domestic partnership has been
terminated after you sign this Will.
13. What can I do if I do not understand something in this Will?
If there is anything in this Will you do not understand, ask a lawyer
to explain it to you.
14. What is an executor? An "executor" is the person you name to
collect your assets, pay your debts and taxes, and distribute your
assets as the court directs. It may be a person or it may be
a qualified bank or trust company.
15. Should I require a bond? You may require that an executor
post a "bond." A bond is a form of insurance to replace assets that
may be mismanaged or stolen by the executor. The cost of the bond is
paid from the estate's assets.
16. What is a guardian? Do I need to designate one? If you have
children under age 18, you should designate a guardian of their
"persons" to raise them.
17. What is a custodian? Do I need to designate one? A
"custodian" is a person you may designate to manage assets for
someone (including a child) who is between ages 18 and 25 and who
receives assets under your Will. The custodian manages the assets
and pays as much as the custodian determines is proper for health,
support, maintenance, and education. The custodian delivers what is
left to the person when the person reaches the age you choose
(between 18 and 25). No bond is required of a custodian.
18. Should I ask people if they are willing to serve before I
designate them as executor, guardian, or custodian? Probably yes.
Some people and banks and trust companies may not consent to serve or
may not be qualified to act.
19. What happens if I make a gift in this Will to someone and they
die before I do? A person must survive you by 120 hours to take a
gift under this Will. If they do not, then the gift fails and goes
with the rest of your assets. If the person who does not survive you
is a relative of you or your spouse, then certain assets may go to
the relative's descendants.
20. What is a trust? There are many kinds of trusts, including
trusts created by Wills (called "testamentary trusts") and trusts
created during your lifetime (called "revocable living trusts").
Both kinds of trusts are long-term arrangements where a manager
(called a "trustee") invests and manages assets for someone (called a
"beneficiary") on the terms you specify. Trusts are too complicated
to be used in this statutory Will. You should see a lawyer if you
want to create a trust.
21. What is a domestic partner? You have a domestic partner if
you have met certain legal requirements and filed a form entitled
"Declaration of Domestic Partnership" with the Secretary of State.
Notwithstanding Section 299.6 of the Family Code, if you have not
filed a Declaration of Domestic Partnership with the Secretary of
State, you do not meet the required definition and should not use the
section of the Statutory Will form that refers to domestic partners
even if you have registered your domestic partnership with another
governmental entity. If you are unsure if you have a domestic
partner or if your domestic partnership meets the required
definition, please contact the Secretary of State's office.
INSTRUCTIONS
1. READ THE WILL. Read the whole Will first. If you do not
understand something, ask a lawyer to explain it to you.
2. FILL IN THE BLANKS. Fill in the blanks. Follow the
instructions in the form carefully. Do not add any words to the Will
(except for filling in blanks) or cross out any words.
3. DATE AND SIGN THE WILL AND HAVE TWO WITNESSES SIGN IT. Date
and sign the Will and have two witnesses sign it. You and the
witnesses should read and follow the Notice to Witnesses found at the
end of this Will.
SEC. 43. Section 6401 of the Probate Code is amended to read:
6401. (a) As to community property, the intestate share of the
surviving spouse is the one-half of the community property that
belongs to the decedent under Section 100.
(b) As to quasi-community property, the intestate share of the
surviving spouse is the one-half of the quasi-community property that
belongs to the decedent under Section 101.
(c) As to separate property, the intestate share of the surviving
spouse or domestic partner is as follows:
(1) The entire intestate estate if the decedent did not leave any
surviving issue, parent, brother, sister, or issue of a deceased
brother or sister.
(2) One-half of the intestate estate in the following cases:
(A) Where the decedent leaves only one child or the issue of one
deceased child.
(B) Where the decedent leaves no issue but leaves a parent or
parents or their issue or the issue of either of them.
(3) One-third of the intestate estate in the following cases:
(A) Where the decedent leaves more than one child.
(B) Where the decedent leaves one child and the issue of one or
more deceased children.
(C) Where the decedent leaves issue of two or more deceased
children.
SEC. 44. Section 6402 of the Probate Code is amended to read:
6402. Except as provided in Section 6402.5, the part of the
intestate estate not passing to the surviving spouse or domestic
partner under Section 6401, or the entire intestate estate if
there is no surviving spouse or domestic partner , passes
as follows:
(a) To the issue of the decedent, the issue taking equally if they
are all of the same degree of kinship to the decedent, but if of
unequal degree those of more remote degree take in the manner
provided in Section 240.
(b) If there is no surviving issue, to the decedent's parent or
parents equally.
(c) If there is no surviving issue or parent, to the issue of the
parents or either of them, the issue taking equally if they are all
of the same degree of kinship to the decedent, but if of unequal
degree those of more remote degree take in the manner provided in
Section 240.
(d) If there is no surviving issue, parent or issue of a parent,
but the decedent is survived by one or more grandparents or issue of
grandparents, to the grandparent or grandparents equally, or to the
issue of such those grandparents if
there is no surviving grandparent, the issue taking equally if they
are all of the same degree of kinship to the decedent, but if of
unequal degree those of more remote degree take in the manner
provided in Section 240.
(e) If there is no surviving issue, parent or issue of a parent,
grandparent or issue of a grandparent, but the decedent is survived
by the issue of a predeceased spouse, to such
that issue, the issue taking equally if they are all of the
same degree of kinship to the predeceased spouse, but if of unequal
degree those of more remote degree take in the manner provided in
Section 240.
(f) If there is no surviving issue, parent or issue of a parent,
grandparent or issue of a grandparent, or issue of a predeceased
spouse, but the decedent is survived by next of kin, to the next of
kin in equal degree, but where there are two or more collateral
kindred in equal degree who claim through different ancestors, those
who claim through the nearest ancestor are preferred to those
claiming through an ancestor more remote.
(g) If there is no surviving next of kin of the decedent and no
surviving issue of a predeceased spouse of the decedent, but the
decedent is survived by the parents of a predeceased spouse or the
issue of such those parents, to the
parent or parents equally, or to the issue of such
those parents if both are deceased, the issue taking
equally if they are all of the same degree of kinship to the
predeceased spouse, but if of unequal degree those of more remote
degree take in the manner provided in Section 240.
SEC. 45. Section 8461 of the Probate Code is amended to read:
8461. Subject to the provisions of this article, a person in the
following relation to the decedent is entitled to appointment as
administrator in the following order of priority:
(a) Surviving spouse or domestic partner as defined in
Section 37 .
(b) Children.
(c) Grandchildren.
(d) Other issue.
(e) Parents.
(f) Brothers and sisters.
(g) Issue of brothers and sisters.
(h) Grandparents.
(i) Issue of grandparents.
(j) Children of a predeceased spouse.
(k) Other issue of a predeceased spouse.
(l) Other next of kin.
(m) Parents of a predeceased spouse.
(n) Issue of parents of a predeceased spouse.
(o) Conservator or guardian of the estate acting in that capacity
at the time of death who has filed a first account and is not acting
as conservator or guardian for any other person.
(p) Public administrator.
(q) Creditors.
(r) Any other person.
SEC. 46. Section 8462 of the Probate Code is amended to read:
8462. The surviving spouse or domestic partner of the
decedent, a relative of the decedent, or a relative of a predeceased
spouse or domestic partner of the decedent, has priority
under Section 8461 only if one of the following conditions is
satisfied:
(a) The surviving spouse , domestic partner, or
relative is entitled to succeed to all or part of the estate.
(b) The surviving spouse , domestic partner, or
relative either takes under the will of, or is entitled to succeed to
all or part of the estate of, another deceased person who is
entitled to succeed to all or part of the estate of the decedent.
SEC. 47. Section 8463 of the Probate Code is amended to read:
8463. (a) If the surviving spouse is a party to an
action for separate maintenance, annulment, or dissolution of the
marriage of the decedent and the surviving spouse, and was living
apart from the decedent on the date of the decedent's death, the
surviving spouse has priority next after brothers and sisters and not
the priority prescribed in Section 8461.
(b) If the decedent is survived by a domestic partner, who was
living apart from the decedent on the date of the decedent's death,
to whom the decedent sent by certified mail a written notice of
termination of the domestic partnership pursuant to paragraph (1) of
subdivision (a) of Section 299 of the Family Code, and the decedent
failed to file a Notice of Termination of Domestic Partnership with
the Secretary of State as required by subdivision (b) of Section 299
of the Family Code, the surviving domestic partner has priority next
after brothers and sisters and not the priority prescribed in Section
8461.
SEC. 48. Section 8465 of the Probate Code is amended to
read:
8465. (a) The court may appoint as administrator a person
nominated by a person otherwise entitled to appointment or by the
guardian or conservator of the estate of a person otherwise entitled
to appointment. The nomination shall be made in writing and filed
with the court.
(b) If a person making a nomination for appointment of an
administrator is the surviving spouse or domestic partner
, child, grandchild, other issue, parent, brother or sister, or
grandparent of the decedent, the nominee has priority next after
those in the class of the person making the nomination.
(c) If a person making a nomination for appointment of an
administrator is other than a person described in subdivision (b),
the court in its discretion may appoint either the nominee or a
person of a class lower in priority to that of the person making the
nomination, but other persons of the class of the person making the
nomination have priority over the nominee.
SEC. 49. Section 17021.7 is added to the Revenue and Taxation
Code, to read:
17021.7. (a) For purposes of this part, the domestic partner of
the taxpayer shall be treated as the spouse of the taxpayer for
purposes of applying only Sections 105(b), 106(a), 162(l), 162(n),
and 213(a) of the Internal Revenue Code and for purposes of
determining whether an individual is the taxpayer's "dependent" or
"member of their family" as these terms are used in those sections.
(b) For purposes of this section, the term "domestic partner"
shall have the meaning provided in Section 297 of the Family Code.
SEC. 50. Section 1030 of the Unemployment Insurance Code is
amended to read:
1030. (a) Any employer who is entitled under Section 1327 to
receive notice of the filing of a new or additional claim may, within
10 days after mailing of the notice, submit to the department any
facts within its possession disclosing whether the claimant left the
employer's employ voluntarily and without good cause or left under
one of the following circumstances:
(1) The claimant was discharged from the employment for misconduct
connected with his or her work.
(2) The claimant's discharge or quitting from his or her most
recent employer was the result of an irresistible compulsion to use
or consume intoxicants including alcoholic beverages.
(3) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
(4) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to or join her or him at a
place from which it is impractical to commute to the employment, to
which a transfer of the claimant by the employer is not available.
(5) The claimant left the employer's employ to protect his or her
children or himself or herself from domestic violence abuse.
The period during which the employer may submit these facts may be
extended by the director for good cause.
(b) Any base period employer that is not entitled under Section
1327 to receive notice of the filing of a new or additional claim and
is entitled under Section 1329 to receive notice of computation may,
within 15 days after mailing of the notice of computation, submit to
the department any facts within its possession disclosing whether
the claimant left the employer's employ voluntarily and without good
cause or left under one of the following circumstances:
(1) The claimant was discharged from the employment for misconduct
connected with his or her work.
(2) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
(3) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to or join her or him at a
place from which it is impractical to commute to the employment, to
which a transfer of the claimant by the employer is not available.
(4) The claimant left the employer's employ to protect his or her
children or himself or herself from domestic violence abuse.
The period during which the employer may submit these facts may be
extended by the director for good cause.
(c) The department shall consider these facts together with any
information in its possession. If the employer is entitled to a
ruling under subdivision (b) or to a determination under Section
1328, the department shall promptly notify the employer of its ruling
as to the cause of the termination of the claimant's employment.
The employer may appeal from a ruling or reconsidered ruling to an
administrative law judge within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling. The 20-day
period may be extended for good cause, which includes, but is not
limited to, mistake, inadvertence, surprise, or excusable neglect.
The director is an interested party to any appeal. The department
may for good cause reconsider any ruling or reconsidered ruling
within either five days after the date an appeal to an administrative
law judge is filed or, if no appeal is filed, within 20 days after
mailing or personal service of notice of the ruling or reconsidered
ruling. However, a ruling or reconsidered ruling that relates to a
determination that is reconsidered pursuant to subdivision (a) of
Section 1332 may also be reconsidered by the department within the
time provided for reconsideration of that determination.
(d) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons for the leaving, and if the employer submits all of the
facts within its possession concerning the leaving within the
applicable time period referred to in this section, the leaving is
presumed to be without good cause.
(e) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
SEC. 51. Section 1032 of the Unemployment Insurance Code is
amended to read:
1032. If it is ruled under Section 1030 or 1328 that the claimant
left the employer's employ voluntarily and without good cause, or
left under one of the following circumstances, benefits paid to the
claimant subsequent to the termination of employment that are based
upon wages earned from the employer prior to the date of the
termination of employment shall not be charged to the account of the
employer, except as provided by Section 1026, unless the employer
failed to furnish the information specified in Section 1030 within
the time limit prescribed in that section or unless that ruling is
reversed by a reconsidered ruling:
(a) The claimant was discharged by reason of misconduct connected
with his or her work.
(b) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
(c) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to or join her or him at a
place from which it is impractical to commute to the employment, to
which a transfer of the claimant by the employer is not available.
(d) The claimant left the employer's employ to protect his or her
children or himself or herself from domestic violence abuse.
(e) The claimant left the employer's employ to take a
substantially better job.
(f) The claimant's discharge or quitting from his or her most
recent employer was the result of an irresistible compulsion to use
or consume intoxicants including alcoholic beverages.
For purposes of this section and Section 1030 "spouse" includes a
person to whom marriage is imminent.
SEC. 52. Section 1256 of the Unemployment Insurance Code is
amended to read:
1256. An individual is disqualified for unemployment compensation
benefits if the director finds that he or she left his or her most
recent work voluntarily without good cause or that he or she has been
discharged for misconduct connected with his or her most recent
work.
An individual is presumed to have been discharged for reasons
other than misconduct in connection with his or her work and not to
have voluntarily left his or her work without good cause unless his
or her employer has given written notice to the contrary to the
department as provided in Section 1327, setting forth facts
sufficient to overcome the presumption. The presumption provided by
this section is rebuttable.
An individual whose employment is terminated under the compulsory
retirement provisions of a collective bargaining agreement to which
the employer is a party, shall not be deemed to have left his or her
work without good cause.
An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to accompany his
or her spouse or domestic partner to a place from which it
is impractical to commute to the employment. For purposes of this
section "spouse" includes a person to whom marriage is imminent.
An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to protect his or
her children, or himself or herself, from domestic violence abuse.
An individual shall be deemed to have left his or her most recent
work with good cause if he or she elects to be laid off in place of
an employee with less seniority pursuant to a provision in a
collective bargaining agreement that provides that an employee with
more seniority may elect to be laid off in place of an employee with
less seniority when the employer has decided to layoff employees.
SEC. 53. Section 2705.1 of the Unemployment Insurance Code is
amended to read:
2705.1. Where an individual who would be eligible to receive
disability benefits is mentally unable to make a claim therefor, the
director shall, in accordance with authorized regulations, allow the
filing of a claim for such these
benefits by the spouse or domestic partner of
such the individual, in the absence of any other
legally authorized representative of the individual. Such
A payment shall be made upon affidavit executed
by the spouse or domestic partner or person or persons
claiming to be entitled to the benefits and the receipt of the
affidavit or affidavits shall fully discharge the Director of
Employment Development from any further liability with reference to
the payments, without the necessity of inquiring into the truth of
any of the facts stated in the affidavit.
For the purposes of this section "mentally unable to make a claim"
shall be limited to those cases in which the individual is certified
by a healing arts practitioner specified in Sections 2708 and 2709
to be mentally unable to make a claim pursuant to this part.
SEC. 54. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.