BILL NUMBER: AB 1288	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2011

INTRODUCED BY   Assembly Member Gordon
    (   Principal coauthor:   Assembly Member
  Beall   ) 

                        FEBRUARY 18, 2011

    An act to amend Section 2352.5 of the Probate Code,
relating to conservatorships.   An act to amend Sections
2900 and 2901 of the Probate Code, relating to public guardians and
conservators. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1288, as amended, Gordon.  Conservatees: personal
residences.   Public guardians and conservators:
authority: property held in trust.  
   Existing law authorizes a county public guardian or conservator to
take temporary possession or control of real and personal property
of a person in the county who requires a guardian or conservator, as
specified, if the property is subject to loss, injury, waste, or
misappropriation. Existing law authorizes a public guardian to issue
a written certification for purposes of taking possession or control
of property in this regard, which may be recorded and which is
effective for 15 days after the date of issuance. Existing law
requires a financial institution or other person, without inquiring
into the truth of the written certification and without court order
being issued, to provide the public guardian information concerning
property held in the sole name of the proposed ward or conservatee
and to surrender to the public guardian property of the proposed ward
or conservatee that is subject to loss, injury, waste, or
misappropriation. Existing law immunizes the financial institution or
other person from any liability for any act or omission of the
public guardian with respect to the property.  
   This bill would extend the authority of a public guardian or
conservator to take temporary possession of property, and the
corresponding obligation of a financial institution or other person
to provide property, as described above, to property held in trust
for a potential ward or conservatee. The bill would also extend to 30
days the period that the written certification issued for purposes
of taking possession or control of property is effective. 

   Existing law provides for the establishment of conservatorships
and permits a conservator to establish the residence of the
conservatee within the state without permission of the court.
Existing law creates a presumption that the personal residence of the
conservatee at the time a conservatorship proceeding commences is
the least restrictive appropriate residence of the conservatee.
 
   This bill would make a nonsubstantive, technical change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 2900 of the   Probate
Code   is amended to read: 
   2900.  (a) If the public guardian or public conservator determines
that the requirements for appointment of a guardian or conservator
of the estate are satisfied and the public guardian or public
conservator intends to apply for appointment, the public guardian or
public conservator may take possession or control of real or personal
property of  , or property held in trust for,  a person
domiciled in the county that is subject to loss, injury, waste, or
misappropriation, and, subject to subdivision (b), may deny use of,
access to, or prohibit residency in, the real or personal property,
by anyone who does not have a written rental agreement or other legal
right to the use of, or access to, the property.
   (b) The authority provided to the public guardian and public
conservator in subdivision (a) includes the authority to terminate
immediately the occupancy of anyone living in the home of an intended
ward or conservatee, other than the intended ward or conservatee,
and the authority to remove any such occupant residing therein,
subject to the following requirements:
   (1) The public guardian or public conservator shall first
determine that the person whose occupancy is to be terminated has no
written rental agreement or other legal right to occupancy, and has
caused, contributed to, enabled, or threatened loss, injury, waste,
or misappropriation of the home or its contents. In making this
determination, the public guardian or public conservator shall
contact the intended ward or conservatee and the occupant, advise
them of the proposed removal and the grounds therefor, and consider
whatever information they provide.
   (2) At the time of the removal, the public guardian or public
conservator shall advise the intended ward or conservatee and the
occupant that a hearing will be held as provided in paragraph (3).
   (3) The public guardian or public conservator shall file a
petition regarding removal, showing the grounds therefor, to be set
for hearing within 10 days of the filing of the petition and within
15 days of the removal. The person removed and the intended ward or
conservatee shall be personally served with a notice of hearing and a
copy of the petition at least five days prior to the hearing,
subject to Part 2 (commencing with Section 1200) of Division 3. The
right of the public guardian or public conservator to deny occupancy
by the removed person to the premises shall terminate 15 days after
removal, unless extended by the court at the hearing on the petition.
The court shall not grant an extension unless the public guardian or
public conservator has filed a petition for appointment as guardian
or conservator of the estate.
   (c) If the public guardian or public conservator takes possession
of the residence of an intended ward or conservatee under this
section, then for purposes of Section 602.3 of the Penal Code, the
public guardian or public conservator shall be the owner's
representative.
   SEC. 2.    Section 2901 of the   Probate
Code   is amended to read: 
   2901.  (a) A public guardian who is authorized to take possession
or control of property under this chapter may issue a written
certification of that fact. The written certification is effective
for  15   30  days after the date of
issuance.
   (b) The written recordable certification shall substantially
comply with the following form:

      "CERTIFICATE OF AUTHORITY


THIS IS AN OFFICIAL CERTIFICATE ENTITLING THE PUBLIC GUARDIAN TO TAKE
POSSESSION OF ANY AND ALL PROPERTY BELONGING TO THE FOLLOWING
INDIVIDUAL:

      (Name of Individual) _____________


This Certificate of Authority has been issued by the Public Guardian
pursuant to and in compliance with Chapter 1 (commencing with Section
2900) of Part 5 of Division 4 of the California Probate Code. Under
California law, this Certificate of Authority authorizes the Public
Guardian to take possession or control of property belonging to 
, or held in trust for,  the above-named individual.

SPECIAL NOTE TO FINANCIAL INSTITUTIONS:
State law requires that upon receiving a copy of this Certificate of
Authority, financial institutions shall provide the public guardian
with information concerning property held by  , or in trust for,
 the above-named individual and surrender the property to the
Public Guardian if requested.

This Certificate of Authority shall only be valid when signed and
dated by the Public Guardian or a deputy Public Guardian of the
County of _____ and affixed with the official seal of the Public
Guardian below.

Signature of Public Guardian:
Date:
Official Seal"

   (c)  The public guardian may record a copy of the written
certification in any county in which is located real property of
which the public guardian is authorized to take possession or control
under this chapter.
   (d) A financial institution or other person shall, without the
necessity of inquiring into the truth of the written certification
and without court order or letters being issued:
   (1) Provide the public guardian information concerning property
held in the sole name of  , or   held in trust for,
 the proposed ward or conservatee.
   (2) Surrender to the public guardian property of  , or held in
trust for,  the proposed ward or conservatee that is subject to
loss, injury, waste, or misappropriation.
   (e) Receipt of the written certification:
   (1) Constitutes sufficient acquittance for providing information
and for surrendering property of the proposed ward or conservatee.
   (2) Fully discharges the financial institution or other person
from any liability for any act or omission of the public guardian
with respect to the property. 
  SECTION 1.    Section 2352.5 of the Probate Code
is amended to read:
   2352.5.  (a) It shall be presumed that the personal residence of
the conservatee at the time of commencement of the proceeding is the
least restrictive appropriate residence for the conservatee. In any
hearing to determine if removal of the conservatee from his or her
personal residence is appropriate, that presumption may be overcome
by a preponderance of the evidence.
   (b) Upon appointment, the conservator shall determine the
appropriate level of care for the conservatee.
   (1) That determination shall include an evaluation of the level of
care existing at the time of commencement of the proceeding and the
measures that would be necessary to keep the conservatee in his or
her personal residence.
   (2) If the conservatee is living at a location other than his or
her personal residence at the commencement of the proceeding, that
determination shall either include a plan to return the conservatee
to his or her personal residence or an explanation of the limitations
or restrictions on a return of the conservatee to his or her
personal residence in the foreseeable future.
   (c) The determination made by the conservator pursuant to
subdivision (b) shall be in writing, signed under penalty of perjury,
and submitted to the court no later than 60 days of appointment as
conservator.
   (d) The conservator shall evaluate the conservatee's placement and
level of care if there is a material change in circumstances
affecting the conservatee's needs for placement and care.
   (e) (1) This section shall not apply to a conservatee with
developmental disabilities for whom the Director of Developmental
Services or a regional center for the developmentally disabled,
established pursuant to Chapter 5 (commencing with Section 4620) of
Division 4.5 of the Welfare and Institutions Code, acts as the
conservator and who receives services from a regional center pursuant
to the Lanterman Developmental Disabilities Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code).

   (2) Services, including residential placement, for a conservatee
described in paragraph (1) who is a consumer, as defined in Section
4512 of the Welfare and Institutions Code, shall be identified,
delivered, and evaluated consistent with the individual program plan
process described in Article 2 (commencing with Section 4640) of
Chapter 5 of Division 4.5 of the Welfare and Institutions Code.