BILL NUMBER: AB 25	CHAPTERED
	BILL TEXT

	CHAPTER  893
	FILED WITH SECRETARY OF STATE  OCTOBER 14, 2001
	APPROVED BY GOVERNOR  OCTOBER 14, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	AMENDED IN SENATE  SEPTEMBER 7, 2001
	AMENDED IN SENATE  AUGUST 20, 2001
	AMENDED IN SENATE  JULY 18, 2001
	AMENDED IN ASSEMBLY  MAY 31, 2001
	AMENDED IN ASSEMBLY  APRIL 5, 2001
	AMENDED IN ASSEMBLY  MARCH 8, 2001

INTRODUCED BY   Assembly Members Migden and Hertzberg and Senator
Kuehl
   (Coauthors:  Assembly Members Aroner, Calderon, Chan, Firebaugh,
Goldberg, Jackson, Keeley, Kehoe, Koretz, Longville, Lowenthal,
Nation, Oropeza, Shelley, Simitian, Steinberg, Strom-Martin, Vargas,
Wesson, and Wiggins)
   (Coauthor:  Senators Burton, Escutia, Murray, Perata, Romero,
Speier, and Vasconcellos)

                        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, 299.5,
9000, 9002, 9004, and 9005 of the Family Code, to amend Section
22871.2 of, and to add Section 31780.2 to, the Government Code, to
add Section 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, 2111.5, 2212, 2213, 2357,
2359, 2403, 2423, 2430, 2504, 2572, 2580, 2614.5, 2622, 2651, 2653,
2681, 2682, 2687, 2700, 2803, 2805, 6122, 6240, 8461, 8462, and 8465
of, and to add Sections 37, 1813.1, 4716, and 6122.1 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, 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 provides that a stepparent desiring to adopt a
child of the stepparent's spouse may for that purpose file a petition
in the county in which the petitioner resides and prescribes the
procedure for such an adoption.
   This bill would authorize the employment of the procedures
applicable to stepparent adoption to the adoption by a domestic
partner, as defined, of the child of his or her domestic partner.
   (4) Under the Public Employees' Medical and Hospital Care Act,
state and local employers may elect to offer health care coverage and
other benefits to domestic partners of employees and annuitants, as
defined; however, a domestic partner is not eligible for continued
health coverage upon the death of the employee or annuitant.
   This bill would provide that a domestic partner, and a child of a
domestic partner, shall be eligible for continued health coverage
upon the death of the employee or annuitant if the domestic partner
is receiving a beneficiary allowance, as specified.  The bill would
also prohibit a surviving domestic partner from enrolling additional
family members in a health benefits plan.
   (5) Under the existing County Employees Retirement Law of 1937,
death benefits and survivor's allowances are payable to the surviving
spouse or children of a deceased member, as specified.
   This bill would provide that in San Mateo County, subject to the
approval of the board of supervisors, death benefits and survivor's
allowances may be payable to a member's surviving domestic partner,
as specified.
   (6) Existing law, the Uniform Health Care Decisions Act, allows an
individual to give instructions about personal health care decisions
or authorize someone else to act as a surrogate to make these
decisions.
   This bill would authorize a domestic partner to make health care
decisions on behalf of a patient in certain circumstances.
   (7) Existing law provides for the licensure and regulation of
health care service plans administered by the Department of Managed
Care.  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 has purchased
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 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.
   (8) 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.

   (9) Existing law provides for the creation of conservatorships and
trusts, and for the management of the estates of decedents.
   This bill would define domestic partner and surviving domestic
partner for the purposes of the Probate Code.  The bill would revise
the 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.  The bill would prohibit a domestic
partner from petitioning for the appointment of a conservatorship of
his or her domestic partner under specified conditions.  This bill
would also include a domestic partner within the definition of a
family member for the purposes of requiring a domestic partner, when
acting as a conservator or a guardian, to reveal his or her
relationship to a ward or conservatee when petitioning a court for
approval of certain property transactions.  This bill also would make
conforming changes.
   (10) Existing law prohibits a court official, employee, or a
person related by blood or marriage, as defined, who is involved in
the appointment of a conservator or guardian, or the processing of
any document relating to a conservator or guardian, from purchasing,
leasing, or renting the personal or real property from the estate of
a conservatee or a ward whom the conservator or guardian represents.

   This bill would include a domestic partner within the definition
of a person related by blood or marriage for the purposes of the
provisions described above.
   (11) Existing law provides for the transfer of the property of a
deceased person by will, and prescribes a statutory will form.
Existing law provides that dissolution of a marriage revokes a
bequest of property made in a will to a former spouse, among other
things.
   This bill would provide that termination of a domestic partnership
revokes a bequest of property made in a will to a former domestic
partner, among other things.  The bill would also 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.
   (12) Existing law 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 expand the right to be appointed as administrator
of a decedent's estate to children of a domestic partner and to the
parents of a predeceased domestic partner and their issue.
   (13) 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.
   (14) 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.
   (15) 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.
  (16) 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.


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.  (a) Domestic partners shall be entitled to recover
damages for negligent infliction of emotional distress to the same
extent that spouses are entitled to do so under California law.
   (b) For the purpose of this section, "domestic partners" has the
meaning provided in Section 297 of the Family Code.
  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.
   (f) For the purpose of this section, "domestic partners" has the
meaning provided in Section 297 of the Family Code.
  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) 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 any provision of law specifically referring to domestic
partners.
   The provisions relating to domestic partners provided in this
division and 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 any
other provision of law specifically referring to domestic partners.
   (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 9000 of the Family Code is amended to read:
   9000.  (a) A stepparent desiring to adopt a child of the
stepparent's spouse may for that purpose file a petition in the
county in which the petitioner resides.
   (b) A domestic partner, as defined in Section 297, desiring to
adopt a child of his or her domestic partner may for that purpose
file a petition in the county in which the petitioner resides.
   (c) The caption of the adoption petition shall contain the names
of the petitioners, but not the child's name.  The petition shall
state the child's sex and date of birth and the name the child had
before adoption.
   (d) If the child is the subject of a guardianship petition, the
adoption petition shall so state and shall include the caption and
docket number or have attached a copy of the letters of the
guardianship or temporary guardianship.  The petitioners shall notify
the court of any petition for guardianship or temporary guardianship
filed after the adoption petition.  The guardianship proceeding
shall be consolidated with the adoption proceeding.
   (e) The order of adoption shall contain the child's adopted name,
but not the name the child had before adoption.
   (f) For the purposes of this chapter, stepparent adoption includes
adoption by a domestic partner, as defined in Section 297.
  SEC. 6.  Section 9002 of the Family Code is amended to read:
   9002.  In a stepparent adoption, the prospective adoptive parent
is liable for all reasonable costs incurred in connection with the
stepparent adoption, including, but not limited to, costs incurred
for the investigation required by Section 9001, up to a maximum of
seven hundred dollars ($700).  The court, probation officer,
qualified court investigator, or county welfare department may defer,
waive, or reduce the fee if its payment would cause economic
hardship to the prospective adoptive parent detrimental to the
welfare of the adopted child.
  SEC. 7.  Section 9004 of the Family Code is amended to read:
   9004.  In a stepparent adoption, the form prescribed by the
department for the consent of the birth parent shall contain
substantially the following notice:
   "Notice to the parent who gives the child for adoption:  If you
and your child lived together at any time as parent and child, the
adoption of your child through a stepparent adoption does not affect
the child's right to inherit your property or the property of other
blood relatives."
  SEC. 8.  Section 9005 of the Family Code is amended to read:
   9005.  (a) Consent of the birth parent to the adoption of the
child through a stepparent adoption may not be withdrawn except with
court approval.  Request for that approval may be made by motion, or
a birth parent seeking to withdraw consent may file with the clerk of
the court where the adoption petition is pending, a petition for
approval of withdrawal of consent, without the necessity of paying a
fee for filing the petition.  The petition or motion shall be in
writing, and shall set forth the reasons for withdrawal of consent,
but otherwise may be in any form.
   (b) The court clerk shall set the matter for hearing and shall
give notice thereof to the probation officer, qualified court
investigator, or county welfare department, to the prospective
adoptive parent, and to the birth parent or parents by certified
mail, return receipt requested, to the address of each as shown in
the proceeding, at least 10 days before the time set for hearing.
   (c) The probation officer, qualified court investigator, or county
welfare department shall, before the hearing of the motion or
petition for withdrawal, file a full report with the court and shall
appear at the hearing to represent the interests of the child.
   (d) At the hearing, the parties may appear in person or with
counsel.  The hearing shall be held in chambers, but the court
reporter shall report the proceedings and, on court order, the fee
therefor shall be paid from the county treasury.  If the court finds
that withdrawal of the consent to adoption is reasonable in view of
all the circumstances and that withdrawal of the consent is in the
child's best interest, the court shall approve the withdrawal of the
consent.  Otherwise the court shall withhold its approval.
Consideration of the child's best interest shall include, but is not
limited to, an assessment of the child's age, the extent of bonding
with the prospective adoptive parent, the extent of bonding or the
potential to bond with the birth parent, and the ability of the birth
parent to provide adequate and proper care and guidance to the
child.  If the court approves the withdrawal of consent, the adoption
proceeding shall be dismissed.
   (e) A court order granting or withholding approval of a withdrawal
of consent to an adoption may be appealed in the same manner as an
order of the juvenile court declaring a person to be a ward of the
juvenile court.
  SEC. 9.  Section 22871.2 of the Government Code is amended to read:

   22871.2.  (a) Notwithstanding subdivision (f) of Section 22754 or
any other provision of law, a domestic partner shall be considered to
be a family member for purposes of Section 22810, except that a
domestic partner shall not be considered a family member for purposes
of continued health coverage eligibility upon the death of the
employee or annuitant unless the domestic partner is a recipient of a
retirement allowance as a surviving beneficiary of the deceased
employee or annuitant.
   (b) A child of the domestic partner who is enrolled in a health
benefits plan as a family member at the time of the death of the
employee or annuitant shall be eligible for continued health coverage
under this part if the domestic partner is eligible for that
continued coverage as provided in subdivision (a).
   (c) A surviving domestic partner of a deceased employee or
annuitant may not enroll additional family members in a health
benefits plan.
  SEC. 9.5.  Section 31780.2 is added to the Government Code, to
read:
   31780.2.  (a) In a county of the 10th class, as defined in
Sections 28020 and 28031, any benefits accorded to a spouse pursuant
to this article and Article 11 (commencing with Section 31760),
Article 15.5 (commencing with Section 31841), Article 15.6
(commencing with Section 31855), and Article 16 (commencing with
Section 31861), or any of them, may be accorded to a domestic
partner, as defined in Section 297 of the Family Code, and registered
pursuant to Division 2.5 (commencing with Section 297) of the Family
Code, provided that the member and the member's domestic partner
have a current Affidavit of Domestic Partnership, in the form adopted
by the county board of supervisors, on file with the county for at
least one year prior to the member's retirement or death prior to
retirement.
   (b) In the event a member described in subdivision (a) has a
surviving dependent child, the surviving dependent child shall
receive the death and survivor's allowance until age 19 years or
until married, whichever occurs earlier, or until age 22 years if
attending an educational institution.  When the member's surviving
dependent child reaches age 19 years or is no longer a dependent,
whichever occurs earlier, or reaches age 22 years if attending an
educational institution, then the benefits accorded to a spouse, as
specified in subdivision (a), may be accorded to a domestic partner
pursuant to this section.  However, if a surviving dependent child
elects to receive a lump sum payment, the lump sum payment shall be
shared among any surviving dependent children and the domestic
partner, pursuant to this section, in a proportional manner.
   (c) This section shall not be operative unless and until the
county board of supervisors, by resolution adopted by a majority
vote, makes this section operative in the county.
  SEC. 10.  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 has purchased
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 of the
Family Code 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. 11.  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 has purchased
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 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 of the Family Code 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 the 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. 12.  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, 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,
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, 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. 13.  Section 37 is added to the Probate Code, to read:
   37.  (a) "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.
   (b) Notwithstanding Section 299 of the Family Code, if a domestic
partnership is terminated by the death of one of the parties and
Notice of Termination was not filed by either party prior to the date
of death of the decedent, the domestic partner who survives the
deceased is a surviving domestic partner, and shall be entitled to
the rights of a surviving domestic partner as provided in this code.

  SEC. 14.  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.
   (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. 15.  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 that
nomination remains effective notwithstanding the subsequent legal
incapacity or death of the spouse, domestic partner, or parent.
                                                     SEC. 16.
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 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 that
class.
  SEC. 16.5.  Section 1813.1 is added to the Probate Code, to read:
   1813.1.  (a) (1) The domestic partner of a proposed conservatee
may not petition for the appointment of a conservator for a domestic
partner or be appointed as conservator of the person or estate of the
proposed conservatee unless the petitioner alleges in the petition
for appointment as conservator, and the court finds, that the
domestic partner has not terminated and is not intending to terminate
the domestic partnership as provided in Section 299 of the Family
Code.  However, if the court finds by clear and convincing evidence
that the appointment of a domestic partner who has terminated or is
intending to terminate the domestic partnership is in the best
interests of the proposed conservatee, the court may appoint the
domestic partner.
   (2) Prior to making this appointment, the court shall appoint
counsel to consult with and advise the conservatee, and to report to
the court his or her findings concerning the suitability of
appointing the domestic partner as conservator.
   (b) The domestic partner of a conservatee shall disclose to the
conservator, or if the domestic partner is the conservator, shall
notify the court, of the termination of a domestic partnership as
provided in Section 299 of the Family Code within 10 days of its
occurrence.  The court may, upon receipt of the notice, set the
matter for hearing on an order to show cause why the appointment of
the domestic partner as conservator, if the domestic partner is the
conservator, should not be terminated and a new conservator appointed
by the court.
  SEC. 17.  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. 18.  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 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 that is required pursuant to this section.
  SEC. 19.  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. 20.  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. 21.  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 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. 22.  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
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. 23.  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. 24.  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 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 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
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. 25.  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. 26.  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. 27.  Section 1895 of the Probate Code is amended to read:
   1895.  (a) The conservatee, the spouse, 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. 28.  Section 2111.5 of the Probate Code is amended to read:
   2111.5.  (a) Except as provided in subdivision (b), every court
official or employee who has duties or responsibilities related to
the appointment of a guardian or conservator, or the processing of
any document related to a guardian or conservator, and every person
who is related by blood or marriage to a court official or employee
who has these duties, is prohibited from purchasing, leasing, or
renting any real or personal property from the estate of the ward or
conservatee whom the guardian or conservator represents.  For
purposes of this subdivision, a "person related by blood or marriage"
means any of the following:
   (1) A person's spouse or domestic partner.
   (2) Relatives within the second degree of lineal or collateral
consanguinity of a person or a person's spouse.
   (b) A person described in subdivision (a) is not prohibited from
purchasing real or personal property from the estate of the ward or
conservatee whom the guardian or conservator represents where the
purchase is  made under terms and conditions of a public sale of the
property.
   (c) A violation of this section shall result in the rescission of
the purchase, lease, or rental of the property.  Any losses incurred
by the estate of the ward or conservatee because the property was
sold or leased at less than fair market value shall be deemed as
charges against the guardian or conservator under the provisions of
Sections 2401.3 and 2401.5.  The court shall assess a civil penalty
equal to three times the charges against the guardian, conservator,
or other person in violation of this section, and may assess punitive
damages as it deems proper.  If the estate does not incur losses as
a result of the violation, the court shall order the guardian,
conservator, or other person in violation of this section to pay a
fine of up to five thousand dollars ($5,000) for each violation.  The
fines and penalties provided in this section are in addition to any
other rights and remedies provided by law.
  SEC. 29.  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. 30.  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. 31.  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 this medical treatment, the guardian or
conservator may petition the court under this section for an order
authorizing the medical treatment and authorizing the guardian or
conservator to consent on behalf of the ward or conservatee to 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 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. 32.  Section 2359 of the Probate Code is amended to read:
   2359.  (a) Upon petition of the guardian or conservator or ward or
conservatee or other interested person, the court may authorize and
instruct the guardian or conservator or approve and confirm the acts
of the guardian or conservator.
   (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.
   (c) (1) When a guardian or conservator petitions for the approval
of a purchase, lease, or rental of real or personal property from the
estate of a ward or conservatee, the guardian or conservator shall
provide a statement disclosing the family or affiliate relationship
between the guardian and conservator and the purchaser, lessee, or
renter of the property, and the family or affiliate relationship
between the guardian or conservator and any agent hired by the
guardian or conservator.
   (2) For the purposes of this subdivision, "family" means a person'
s spouse, domestic partner, or relatives within the second degree of
lineal or collateral consanguinity of a person or a person's spouse.
For the purposes of this subdivision, "affiliate" means an entity
that is under the direct control, indirect control, or common control
of the guardian or conservator.
   (3) A violation of this section shall result in the rescission of
the purchase, lease, or rental of the property.  Any losses incurred
by the estate of the ward or conservatee because the property was
sold or leased at less than fair market value shall be deemed as
charges against the guardian or conservator under the provisions of
Sections 2401.3 and 2401.5.  The court shall assess a civil penalty
equal to three times the charges against the guardian, conservator,
or other person in violation of this section, and may assess punitive
damages as it deems proper.  If the estate does not incur losses as
a result of the violation, the court shall order the guardian,
conservator, or other person in violation of this section to pay a
fine of up to five thousand dollars ($5,000) for each violation.  The
fines and penalties provided in this section are in addition to any
other rights and remedies provided by law.
  SEC. 33.  Section 2403 of the Probate Code is amended to read:
   2403.  (a) Upon petition of the guardian or conservator, the ward
or conservatee, a creditor, or other interested person, the court may
authorize and instruct the guardian or conservator, or approve and
confirm the acts of the guardian or conservator, in the
administration, management, investment, disposition, care,
protection, operation, or preservation of the estate, or the
incurring or payment of costs, fees, or expenses in connection
therewith.
   (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.
   (c) (1) When a guardian or conservator petitions for the approval
of a purchase, lease, or rental of real or personal property from the
estate of a ward or conservatee, the guardian or conservator shall
provide a statement disclosing the family or affiliate relationship
between the guardian and conservator and the purchaser, lessee, or
renter of the property, and the family or affiliate relationship
between the guardian or conservator and any agent hired by the
guardian or conservator.
   (2) For the purposes of this subdivision, "family" means a person'
s spouse, domestic partner, or relatives within the second degree of
lineal or collateral consanguinity of a person or a person's spouse.
For the purposes of this subdivision, "affiliate" means an entity
that is under the direct control, indirect control, or common control
of the guardian or conservator.
   (3) A violation of this section shall result in the rescission of
the purchase, lease, or rental of the property.  Any losses incurred
by the estate of the ward or conservatee because the property was
sold or leased at less than fair market value shall be deemed as
charges against the guardian or conservator under the provisions of
Sections 2401.3 and 2401.5.  The court shall assess a civil penalty
equal to three times the charges against the guardian, conservator,
or other person in violation of this section, and may assess punitive
damages as it deems proper.  If the estate does not incur losses as
a result of the violation, the court shall order the guardian,
conservator, or other person in violation of this section to pay a
fine of up to five thousand dollars ($5,000) for each violation.  The
fines and penalties provided in this section are in addition to any
other rights and remedies provided by law.
  SEC. 34.  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 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 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 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 relatives have
been accustomed.
   (3) The amount that the conservatee would in the judgment of the
court have allowed the spouse or domestic partner and 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. 35.  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 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:
   (A) The guardian or conservator of the person or estate or both.
   (B) An attorney for the guardian or conservator of the person or
estate or both.
   (C) An attorney for the ward or conservatee.
   (D) An attorney for the estate.
   (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 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. 36.  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. 37.  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. 38.  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 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:
   (A) Life insurance policies, plans, or benefits.
   (B) Annuity policies, plans, or benefits.
   (C) Mutual fund and other dividend investment plans.
   (D) 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 (A) to revoke or
modify a revocable trust or (B) 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 (A) evidences
an intent to reserve the right of revocation or modification
exclusively to the conservatee, (B) provides expressly that a
conservator may not revoke or modify the trust, or (C) 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. 39.  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 the time prescribed in the order 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 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. 40.  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. 41.  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. 42.  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. 43.  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. 44.  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. 45.  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. 46.  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. 47.  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 the foreign
guardian or conservator or of the accounts of 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. 48.  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. 49.  Section 4716 is added to the Probate Code, to read:
   4716.  (a) If a patient lacks the capacity to make a health care
decision, the patient's domestic partner shall have the same
authority as a spouse has to make a health care decision for his or
her incapacitated spouse.  This section may not be construed to
expand or restrict the ability of a spouse to make a health care
decision for an incapacitated spouse.
   (b) For the purposes of this section, the following definitions
shall apply:
   (1) "Capacity" has the same meaning as defined in Section 4609.
   (2) "Health care" has the same meaning as defined in Section 4615.

   (3) "Health care decision" has the same meaning as defined in
Section 4617.
   (4) "Domestic partner" has the same meaning as that term is used
in Section 297 of the Family Code.
  SEC. 50.  Section 6122 of the Probate Code is amended to read:
   6122.  (a) Unless the will expressly provides otherwise, if after
executing a will the testator's marriage is dissolved or annulled,
the dissolution or annulment revokes all of the following:
   (1) Any disposition or appointment of property made by the will to
the former spouse.
   (2) Any provision of the will conferring a general or special
power of appointment on the former spouse.
   (3) Any provision of the will nominating the former spouse as
executor, trustee, conservator, or guardian.
   (b) If any disposition or other provision of a will is revoked
solely by this section, it is revived by the testator's remarriage to
the former spouse.
   (c) In case of revocation by dissolution or annulment:
   (1) Property prevented from passing to a former spouse because of
the revocation passes as if the former spouse failed to survive the
testator.
   (2) Other provisions of the will conferring some power or office
on the former spouse shall be interpreted as if the former spouse
failed to survive the testator.
   (d) For purposes of this section, dissolution or annulment means
any dissolution or annulment which would exclude the spouse as a
surviving spouse within the meaning of Section 78.  A decree of legal
separation which does not terminate the status of husband and wife
is not a dissolution for purposes of this section.
   (e) Except as provided in Section 6122.1, no change of
circumstances other than as described in this section revokes a will.

   (f) Subdivisions (a) to (d), inclusive, do not apply to any case
where the final judgment of dissolution or annulment of marriage
occurs before January 1, 1985.  Such case is governed by the law in
effect prior to January 1, 1985.
                                                 SEC. 51.  Section
6122.1 is added to the Probate Code, to read:
   6122.1.  (a) Unless the will expressly provides otherwise, if
after executing a will the testator's domestic partnership is
terminated, the termination revokes all of the following:
   (1) Any disposition or appointment of property made by the will to
the former domestic partner.
   (2) Any provision of the will conferring a general or special
power of appointment on the former domestic partner.
   (3) Any provision of the will nominating the former domestic
partner as executor, trustee, conservator, or guardian.
   (b) If any disposition or other provision of a will is revoked
solely by this section, it is revived by the testator establishing
another domestic partnership with the former domestic partner.
   (c) In case of revocation by termination of a domestic
partnership:
   (1) Property prevented from passing to a former domestic partner
because of the revocation passes as if the former domestic partner
failed to survive the testator.
   (2) Other provisions of the will conferring some power or office
on the former domestic partner shall be interpreted as if the former
domestic partner failed to survive the testator.
   (d) This section shall apply only to wills executed on or after
January 1, 2002.
  SEC. 52.  Section 6240 of the Probate Code is amended to read:
   6240.  The following is the California 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 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 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 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, domestic partner, or descendants, or (vi) you have valuable
interests in pension or 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, divorce, or terminate your domestic partnership
after you sign this Will.  Divorce, annulment, or termination of a
domestic partnership automatically cancels all property stated to
pass to a former husband, wife, or domestic partner under this Will,
and revokes the designation of a former spouse or domestic partner 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. 53.  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 or domestic partner.
   (k) Other issue of a predeceased spouse or domestic partner.
   (l) Other next of kin.
   (m) Parents of a predeceased spouse or domestic partner.
   (n) Issue of parents of a predeceased spouse or domestic partner.

   (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. 54.  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. 55.  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. 56.  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"
means an individual partner in a domestic partner relationship within
the meaning of Section 297 of the Family Code.
  SEC. 57.  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. 58.  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. 59.  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 lay off employees.
  SEC. 60.  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 these benefits by the spouse or domestic
partner of the individual, in the absence of any other legally
authorized representative of the individual.  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. 61.  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.