BILL NUMBER: AB 937	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 22, 2013

   An act to amend Section 2351 of the Probate Code, relating to
conservators and guardians.


	LEGISLATIVE COUNSEL'S DIGEST


   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 order  or necessary to protect the conservatee from abuse
 .
   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 2351 of the Probate Code is amended to read:
   2351.  (a) Subject to subdivision (b), the guardian or
conservator, but not a limited conservator, has the care, custody,
and control of, and has charge of the education of, the ward or
conservatee. This control 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 court order  or necessary to protect the conservatee
from abuse  .
   (b) Where the court determines that it is appropriate in the
circumstances of the particular conservatee, the court, in its
discretion, may limit the powers and duties that the conservator
would otherwise have under subdivision (a) by an order stating either
of the following:
   (1) The specific powers that the conservator does not have with
respect to the conservatee's person and reserving the powers so
specified to the conservatee.
   (2) The specific powers and duties the conservator has with
respect to the conservatee's person and reserving to the conservatee
all other rights with respect to the conservatee's person that the
conservator otherwise would have under subdivision (a).
   (c) An order under this section (1) may be included in the order
appointing a conservator of the person or (2) may be made, modified,
or revoked upon a petition subsequently filed, notice of the hearing
on the petition having been given for the period and in the manner
provided in Chapter 3 (commencing with Section 1460) of Part 1.
   (d) The guardian or conservator, in exercising his or her powers,
may not hire or refer any business to an entity in which he or she
has a financial interest except upon authorization of the court.
Prior to authorization from the court, the guardian or conservator
shall disclose to the court in writing his or her financial interest
in the entity. For the purposes of this subdivision, "financial
interest" shall mean (1) an ownership interest in a sole
proprietorship, a partnership, or a closely held corporation, or (2)
an ownership interest of greater than 1 percent of the outstanding
shares in a publicly traded corporation, or (3) being an officer or a
director of a corporation. This subdivision shall apply only to
conservators and guardians required to register with the Statewide
Registry under Chapter 13 (commencing with Section 2850).