AB 937, as amended, Wieckowski. Conservators and guardians: personal rights of conservatees.
Existing law requires that a guardian or conservator of a person be responsible for the care, custody, control, and education of a ward or conservatee, subject to a court’s determination of the extent of those powers, as specified.
This bill would provide that the conservator’s control of the conservatee shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and mail, unless specifically limited by a court orderbegin insert or necessary to protect the conservatee from abuseend insert.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2351 of the Probate Code is amended to
2read:
(a) Subject to subdivision (b), the guardian or
2conservator, but not a limited conservator, has the care, custody,
3and control of, and has charge of the education of, the ward or
4conservatee. This control shall not extend to personal rights
5retained by the conservatee, including, but not limited to, the right
6to receive visitors, telephone calls, and mail, unless specifically
7limited by court orderbegin insert or necessary to protect the conservatee from
8abuseend insert.
9(b) Where the court determines that it is appropriate in the
10circumstances of the particular conservatee, the court, in
its
11discretion, may limit the powers and duties that the conservator
12would otherwise have under subdivision (a) by an order stating
13either of the following:
14(1) The specific powers that the conservator does not have with
15respect to the conservatee’s person and reserving the powers so
16specified to the conservatee.
17(2) The specific powers and duties the conservator has with
18respect to the conservatee’s person and reserving to the conservatee
19all other rights with respect to the conservatee’s person that the
20conservator otherwise would have under subdivision (a).
21(c) An order under this section (1) may be included in the order
22appointing a conservator of the person or (2) may be made,
23modified, or revoked upon a
petition subsequently filed, notice of
24the hearing on the petition having been given for the period and
25in the manner provided in Chapter 3 (commencing with Section
261460) of Part 1.
27(d) The guardian or conservator, in exercising his or her powers,
28may not hire or refer any business to an entity in which he or she
29has a financial interest except upon authorization of the court. Prior
30to authorization from the court, the guardian or conservator shall
31disclose to the court in writing his or her financial interest in the
32entity. For the purposes of this subdivision, “financial interest”
33shall mean (1) an ownership interest in a sole proprietorship, a
34partnership, or a closely held corporation, or (2) an ownership
35interest of greater than 1 percent of the outstanding shares in a
36publicly traded corporation, or (3) being an officer or a
director
37of a corporation. This subdivision shall apply only to conservators
P3 1and guardians required to register with the Statewide Registry
2under Chapter 13 (commencing with Section 2850).
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