Amended in Assembly May 8, 2013

Amended in Assembly April 18, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 937


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, andbegin insert personalend insert mail, unless specifically limited by a court orderbegin delete or necessary to protect the conservatee from abuseend delete.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 2351 of the Probate Code is amended to
2read:

3

2351.  

(a) Subject to subdivision (b), the guardian or
4conservator, but not a limited conservator, has the care, custody,
5and control of, and has charge of the education of, the ward or
6conservatee. This control shall not extend to personal rights
7retained by the conservatee, including, but not limited to, the right
8to receive visitors, telephone calls, andbegin insert personalend insert mail, unless
9specifically limited by court orderbegin delete or necessary to protect the
10conservatee from abuseend delete
.

11(b) Where the court determines that it is appropriate in the
12circumstances of the particular conservatee, the court, in its
13discretion, may limit the powers and duties that the conservator
14would otherwise have under subdivision (a) by an order stating
15either of the following:

16(1) The specific powers that the conservator does not have with
17respect to the conservatee’s person and reserving the powers so
18specified to the conservatee.

19(2) The specific powers and duties the conservator has with
20respect to the conservatee’s person and reserving to the conservatee
21all other rights with respect to the conservatee’s person that the
22conservator otherwise would have under subdivision (a).

23(c) An order under this section (1) may be included in the order
24appointing a conservator of the person or (2) may be made,
25modified, or revoked upon a petition subsequently filed, notice of
26the hearing on the petition having been given for the period and
27in the manner provided in Chapter 3 (commencing with Section
281460) of Part 1.

29(d) The guardian or conservator, in exercising his or her powers,
30may not hire or refer any business to an entity in which he or she
31has a financial interest except upon authorization of the court. Prior
32to authorization from the court, the guardian or conservator shall
33disclose to the court in writing his or her financial interest in the
34entity. For the purposes of this subdivision, “financial interest”
35shall mean (1) an ownership interest in a sole proprietorship, a
36partnership, or a closely held corporation, or (2) an ownership
37interest of greater than 1 percent of the outstanding shares in a
38publicly traded corporation, or (3) being an officer or a director
P3    1of a corporation. This subdivision shall apply only to conservators
2and guardians required to register with the Statewide Registry
3under Chapter 13 (commencing with Section 2850).



O

    96