BILL NUMBER: AB 1349	CHAPTERED  09/22/03

	CHAPTER  444
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	PASSED THE SENATE  AUGUST 25, 2003
	AMENDED IN SENATE  JULY 15, 2003

INTRODUCED BY   Assembly Member Canciamilla

                        FEBRUARY 21, 2003

   An act to amend Section 21350 of the Probate Code, relating to
wills and trusts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1349, Canciamilla.  Wills and trusts:  prohibited transferees.
   Existing law, with specified exceptions, invalidates a donative
transfer to certain classes of people, including a person who drafted
the instrument, a person who is related by blood or marriage to, is
a cohabitant with, or is an employee of, the person who drafted the
instrument, and a care custodian of a dependent adult.
   This bill would invalidate a donative transfer to a person who is
a domestic partner of the person who drafted the instrument or of a
person who has a fiduciary relationship with the transferor, or to a
person who is related by blood or marriage to, is a domestic partner
of, is a cohabitant with, or is an employee of, a care custodian of a
dependent adult.  The bill would also make a clarifying change.


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


  SECTION 1.  Section 21350 of the Probate Code is amended to read:
   21350.  (a) Except as provided in Section 21351, no provision, or
provisions, of any instrument shall be valid to make any donative
transfer to any of the following:
   (1) The person who drafted the instrument.
   (2) A person who is related by blood or marriage to, is a domestic
partner of, is a cohabitant with, or is an employee of, the person
who drafted the instrument.
   (3) Any partner or shareholder of any law partnership or law
corporation in which the person described in paragraph (1) has an
ownership interest, and any employee of that law partnership or law
corporation.
   (4) Any person who has a fiduciary relationship with the
transferor, including, but not limited to, a conservator or trustee,
who transcribes the instrument or causes it to be transcribed.
   (5) A person who is related by blood or marriage to, is a domestic
partner of, is a cohabitant with, or is an employee of a person who
is described in paragraph (4).
   (6) A care custodian of a dependent adult who is the transferor.
   (7) A person who is related by blood or marriage to, is a domestic
partner of, is a cohabitant with, or is an employee of, a person who
is described in paragraph (6).
   (b) For purposes of this section, "a person who is related by
blood or marriage" to a person means all of the following:
   (1) The person's spouse or predeceased spouse.
   (2) Relatives within the third degree of the person and of the
person's spouse.
   (3) The spouse of any person described in paragraph (2).
   In determining any relationship under this subdivision, Sections
6406, 6407, and Chapter 2 (commencing with Section 6450) of Part 2 of
Division 6 shall be applicable.
   (c) For purposes of this section, the term "dependent adult" has
the meaning as set forth in Section 15610.23 of the Welfare and
Institutions Code and also includes those persons who (1) are older
than age 64 and (2) would be dependent adults, within the meaning of
Section 15610.23, if they were between the ages of 18 and 64.  The
term "care custodian" has the meaning as set forth in Section
15610.17 of the Welfare and Institutions Code.
   (d) For purposes of this section, "domestic partner" means a
domestic partner as defined under Section 297 of the Family Code.