BILL ANALYSIS Ó
AB 1520
Page 1
ASSEMBLY THIRD READING
AB 1520 (Gatto)
As Amended April 23, 2014
Majority vote
JUDICIARY 10-0
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|Ayes:|Wieckowski, Wagner, | | |
| |Alejo, Chau, Dickinson, | | |
| |Garcia, Gorell, | | |
| |Maienschein, Muratsuchi, | | |
| |Stone | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Permits a court to appoint a guardian ad litem to
represent the interests of a pet who is the subject of a pet
trust. Specifically, this bill :
1)Permits the court, on its own motion or on request of the
trustee, a beneficiary of the trust, a person interested in
the welfare of the animal, or a nonprofit charitable
organization that has as its principal activity the care of
animals, to appoint a guardian ad litem to represent the
interest of an animal that is subject to a trust for the care
of that animal.
2)Provides that the reasonable expenses of the guardian ad litem
shall be determined by the court and paid as the court orders,
either out of the property of the trust or from such other
source as the court orders.
EXISTING LAW :
1)Provides that a trust may be created for the care of an
animal, as provided. Permits any beneficiary, any person
designated by the trust instrument or the court to enforce the
trust. Allows any nonprofit organization that cares for
animals, upon reasonable request, to inspect the animal and
the premises where the animal is maintained. Defines "animal"
as one or more domestic or pet animals for whose benefit the
trust was established.
AB 1520
Page 2
2)Permits the court, on its own motion or on request of a
personal representative, guardian, conservator, trustee, or
other interested person, to appoint a guardian ad litem at any
stage of a proceeding under the Probate Code to represent the
interest of any of the following persons, if the court
determines that representation of the interest otherwise would
be inadequate: a) a minor; b) an incapacitated person; c) an
unborn person; d) an unascertained person; e) a person whose
identity or address is unknown; or f) a designated class of
persons who are not ascertained or are not in being. Provides
that the reasonable expenses of the guardian ad litem shall be
determined by the court and paid as the court orders, either
out of the property of the estate involved or by the
petitioner or from such other source as the court orders.
FISCAL EFFECT : None
COMMENTS : This bill represents the author's experiment in
crowdsourcing legislation. According to the author, the bill is
the result of "months of deliberation among the participants of
the WikiPage that was established to create and refine
legislation limited to the Probate Code." The result is
legislation that seeks to better protect pets when their owners
can no longer care for them. In particular, this bill allows
the court to appoint a guardian ad litem to represent the
interest of an animal who is the subject of a pet trust. In
support of the bill, the author writes:
As was noted by contributors to the WikiPage: "The
status of animals is inherently more than property as
evidenced by animals being able to be beneficiaries of
trusts pursuant to legislation. It makes sense,
therefore, that when needed, a guardian ad litem could
be appointed for them."
Current law allows for the establishment of a trust for the
benefit of an animal. The trust has specific rules to protect
both the settlor's interests and the interests of the pet. In
particular, the trust provides that the principal or income of
the trust may not be converted to the use of the trustee or to
any use other than for the benefit of the animal. The law also
provides that trust provisions may be enforced by a person
designated for that purpose in the trust instrument or, if no
one is designated, by a person appointed by a court. In
AB 1520
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addition, any person interested in the welfare of the animal or
any nonprofit charitable organization that has as its principal
activity the care of animals may petition the court regarding
the trust. However, these provisions do not explicitly allow
for a guardian ad litem to be appointed to represent the pet's
interests.
A guardian ad litem is appointed by the court to represent the
best interest of someone who cannot properly represent himself
or herself. Minors are often appointed guardians ad litem in
legal proceedings. The Probate Code specifically allows for a
court to appoint a guardian ad litem to represent, in addition
to a child, an incapacitated person, an unborn person, an
unascertained person, or a person whose identity or address is
unknown or not yet in being. The court can appoint a guardian
ad litem for any of these individuals, on its own motion, or on
request of a personal representative, guardian, conservator,
trustee, or other interested person, at any stage of a probate
proceeding if the court determines that representation of that
person's interest otherwise would be inadequate. The guardian
ad litem's reasonable expenses are to be determined by the court
and paid as the court orders, either out of the property of the
estate involved or by the petitioner or from such other source
as the court orders.
This bill seeks to protect the interest of pets who are the
subject of a pet trust by allowing the court to appoint a
guardian ad litem to represent their interests if the court
finds that their interests are not otherwise adequately
protected. This gives a court the discretion to protect a pet
whose interests are not, for whatever reason, adequately
protected by the trustee.
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334
FN: 0003196