BILL NUMBER: AB 2493	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member Fuller

                        FEBRUARY 19, 2010

    An act to add Section 2352.2 to the Probate Code,
relating to public guardians.   An act to add Section
2360 to the Probate Code, relating to conservators. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2493, as amended, Fuller.  Public guardian: identifying
photograph of wards and conservatees.   Conservators:
photograph of missing conservatee.  
   Existing law authorizes a court to appoint a conservator of the
person to act on behalf of a person who is unable to adequately
provide for his or her personal needs, or a conservator of the estate
to act on behalf of a person who is substantially incapable of
managing his or her financial resources. Existing law also authorizes
a court to appoint a conservator of the estate of a person who is
missing and whose whereabouts are unknown. Under existing law, a
conservator of the person has the care, custody, and control of a
conservatee, except as provided.  
   This bill would require, upon the establishment of a
conservatorship by the court and annually thereafter, that a
conservator of a person ensure that a clear photograph of the
conservatee is taken and preserved for the purpose of identifying the
conservatee if he or she becomes missing.  
   Existing law establishes a county office of public guardian, sets
forth the duties of that office, and sets forth the duties of a
court-appointed guardian or conservator.  
   This bill would require that a public guardian ensure that a clear
photograph of each ward or conservatee is available for the purposes
of identifying the ward or conservatee in case the ward or
conservatee is lost or missing, and requires the public guardian to
provide the photograph and other identifying information to the
relevant law enforcement agencies if the ward or conservatee is
reported lost or missing. By requiring the public guardian to comply
with these requirements, this bill would impose a state-mandated
local program.  
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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

   SECTION. 1.    Section 2360 is added to the 
 Probate Code   , to read:  
   2360.  Upon the establishment of a conservatorship by the court
and annually thereafter, the conservator shall ensure that a clear
photograph of the conservatee is taken and preserved for the purpose
of identifying the conservatee if he or she becomes missing. 

  SECTION 1.    Section 2352.2 is added to the
Probate Code, to read:
   2352.2.  Every public guardian shall ensure that a clear
photograph of each ward or conservatee is available for the purposes
of identifying the ward or conservatee in case the ward or
conservatee is lost or missing. Notwithstanding any other law to the
contrary, including, but not limited to, Sections 4514 and 5328 of
the Welfare and Institutions Code, the public guardian shall provide
the photograph and other identifying information to relevant law
enforcement agencies if the ward or conservatee is reported lost or
missing.  
  SEC. 2.   If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.