BILL ANALYSIS Ó AB 1520 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1520 (Gatto) As Amended June 16, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |72-0 |(May 1, 2014) |SENATE: |24-7 |(August 20, | | | | | | |2014) | ----------------------------------------------------------------- Original Committee Reference: JUD. 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. 3)Prevents the public guardian from being appointed as a guardian ad litem to represent the interests of a pet who is the subject of a pet trust. The Senate amendments prevent the public guardian from being appointed as a guardian ad litem for a pet. 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 AB 1520 Page 2 trust was established. 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. 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 addition, any person interested in the welfare of the animal or any nonprofit charitable organization that has as its principal AB 1520 Page 3 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: 0004009