Amended in Senate April 29, 2014

Amended in Senate March 10, 2014

Senate BillNo. 940


Introduced by Senator Jackson

February 4, 2014


An act to amend Section 1913 of the Code of Civil Procedure, to add Section 70663 to the Government Code, and to amend Sections 1455, 1471, 1821, 1834, 1840, 1841, 1842, 1843, 1844, 1845, 1846, 1847, 1848, 1849, 1890, 2107, 2200, 2300, 2352, 2505, 2650, and 3800 of, to add Sections 1301.5 and 1851.1 to, and to add Chapter 8 (commencing with Section 1980) to Part 3 of Division 4 of, the Probate Code, relating to conservatorships.

LEGISLATIVE COUNSEL’S DIGEST

SB 940, as amended, Jackson. California Conservatorship Jurisdiction Act.

The Guardianship-Conservatorship Law generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. The law specifically requires, before the appointment of either a guardian or conservator is effective, the prospective guardian or conservator to take an oath to perform these duties according to the law.

This bill would enact, operative January 1, 2016, except as specified, the California Conservatorship Jurisdiction Act which is intended to be a modified version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. This bill would provide standards and procedures for establishing the proper jurisdiction for a proceeding to appoint a conservator of a person, an estate, or both. The bill would also establish conditions for the transfer of a conservatorship established within this state to a jurisdiction outside the state, and a transfer of a conservatorship into this state, and for the registration and recognition by this state of a conservatorship established by another state, a United States territory, a federally recognized Indian tribe, or other specified jurisdiction. This bill would establish rules relating to the appeals from orders made under the California Conservatorship Jurisdiction Act. This bill would authorize a $30 charge for registering a conservatorship established outside this state to be deposited into the Trial Court Trust Fund.

This bill would authorize a court in a conservatorship proceeding to make specific requests of a court of another jurisdiction to take certain actions relating to that proceeding, including, but not limited to, holding an evidentiary hearing or ordering a person to produce testimony, and would further authorize a court in this state to grant similar requests from a court of another jurisdiction. This bill would require the Judicial Council to develop court rules and forms to implement the provisions of this act on or before January 1, 2016.

This bill would modify, limit, and supersede specified portions of the federal Electronic Signatures in Global and National Commerce Act, as it relates to these provisions. This bill would also specify that the scope of the required oath obligates a guardian or conservator to comply with applicable laws, at all times, in any location within or without the state.

This bill would make conforming changes to related provisions.

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

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

P2    1

SECTION 1.  

Section 1913 of the Code of Civil Procedure is
2amended to read:

3

1913.  

(a) Subject to subdivision (b), the effect of a judicial
4record of a sister state is the same in this state as in the state where
5it was made, except that it can only be enforced in this state by an
6action or special proceeding.

7(b) The authority of a guardian, conservator, or committee, or
8of a personal representative, does not extend beyond the jurisdiction
9of the government under which that person was invested with
10authority, except to the extent expressly authorized by Article 4
P3    1(commencing with Section 2011) of Chapter 8 of Part 3 of Division
24 of the Probate Code or another statute.

3

SEC. 2.  

Section 70663 is added to the Government Code, to
4read:

5

70663.  

The fee for registering a conservatorship under Article
64 (commencing with Section 2011) of Chapter 8 of Part 3 of
7Division 4 of the Probate Code is thirty dollars ($30). The amounts
8collected shall be distributed to the Trial Court Trust Fund under
9Section 68085.1.

10

SEC. 3.  

Section 1301.5 is added to the Probate Code, to read:

11

1301.5.  

The following rules apply with respect to the California
12Conservatorship Jurisdiction Act (Chapter 8 (commencing with
13Section 1980) of Part 3 of Division 4):

14(a) (1) An appeal may be taken from an order assessing
15expenses against a party under Section 1997 if the amount exceeds
16five thousand dollars ($5,000).

17(2) An order under Section 1997 assessing expenses of five
18thousand dollars ($5,000) or less against a party may be reviewed
19on an appeal by that party after entry of a final judgment or an
20appealable order in the conservatorship proceeding. At the
21discretion of the court of appeal, that type of order may also be
22reviewed upon petition for an extraordinary writ.

23(b) An appeal may be taken from an order under Section 2001
24denying a petition to transfer a conservatorship to another state.

25(c) An appeal may be taken from a final order under Section
262002 accepting a transfer and appointing a conservator in this state.

27(d) Notwithstanding any other law, an appeal may not be taken
28from either of the following until the court enters a final order
29under Section 2002 accepting the proposed transfer and appointing
30a conservator in this state:

31(1) An order under Section 2002 determining whether or how
32to conform a conservatorship to the law of this state.

33(2) An order that is made pursuant to a court review under
34Sections 1851.1 and 2002.

35

SEC. 4.  

Section 1455 of the Probate Code is amended to read:

36

1455.  

Any petition for instructions or to grant a guardian or a
37conservator any power or authority under this division, which may
38be filed by a guardian or conservator, may also be filed by a person
39who petitions for the appointment of a guardian or conservator,
P4    1including, but not limited to, a person who petitions under Section
22002 for transfer of conservatorship.

3

SEC. 5.  

Section 1471 of the Probate Code is amended to read:

4

1471.  

(a) If a conservatee, proposed conservatee, or person
5alleged to lack legal capacity is unable to retain legal counsel and
6requests the appointment of counsel to assist in the particular
7matter, whether or not that person lacks or appears to lack legal
8capacity, the court shall, at or before the time of the hearing,
9appoint the public defender or private counsel to represent the
10interest of that person in the following proceedings under this
11division:

12(1) A proceeding to establish or transfer a conservatorship or
13to appoint a proposed conservator.

14(2) A proceeding to terminate the conservatorship.

15(3) A proceeding to remove the conservator.

16(4) A proceeding for a court order affecting the legal capacity
17of the conservatee.

18(5) A proceeding to obtain an order authorizing removal of a
19temporary conservatee from the temporary conservatee’s place of
20residence.

21(b) If a conservatee or proposed conservatee does not plan to
22retain legal counsel and has not requested the court to appoint legal
23counsel, whether or not that person lacks or appears to lack legal
24capacity, the court shall, at or before the time of the hearing,
25appoint the public defender or private counsel to represent the
26interests of that person in any proceeding listed in subdivision (a)
27if, based on information contained in the court investigator’s report
28or obtained from any other source, the court determines that the
29appointment would be helpful to the resolution of the matter or is
30necessary to protect the interests of the conservatee or proposed
31conservatee.

32(c) In any proceeding to establish a limited conservatorship, if
33the proposed limited conservatee has not retained legal counsel
34and does not plan to retain legal counsel, the court shall
35immediately appoint the public defender or private counsel to
36represent the proposed limited conservatee. The proposed limited
37conservatee shall pay the cost for that legal service if he or she is
38able. This subdivision applies irrespective of any medical or
39psychological inability to attend the hearing on the part of the
40proposed limited conservatee as allowed in Section 1825.

P5    1

SEC. 6.  

Section 1821 of the Probate Code is amended to read:

2

1821.  

(a) The petition shall request that a conservator be
3appointed for the person or estate, or both, shall specify the name,
4address, and telephone number of the proposed conservator and
5the name, address, and telephone number of the proposed
6conservatee, and state the reasons why a conservatorship is
7necessary. Unless the petitioner or proposed conservator is a bank
8or other entity authorized to conduct the business of a trust
9company, the petitioner or proposed conservator shall also file
10supplemental information as to why the appointment of a
11conservator is required. The supplemental information to be
12submitted shall include a brief statement of facts addressed to each
13of the following categories:

14(1) The inability of the proposed conservatee to properly provide
15for his or her needs for physical health, food, clothing, and shelter.

16(2) The location of the proposed conservatee’s residence and
17the ability of the proposed conservatee to live in the residence
18while under conservatorship.

19(3) Alternatives to conservatorship considered by the petitioner
20or proposed conservator and reasons why those alternatives are
21not available.

22(4) Health or social services provided to the proposed
23conservatee during the year preceding the filing of the petition,
24when the petitioner or proposed conservator has information as to
25those services.

26(5) The inability of the proposed conservatee to substantially
27manage his or her own financial resources, or to resist fraud or
28undue influence.

29The facts required to address the categories set forth in
30paragraphs (1) to (5), inclusive, shall be set forth by the petitioner
31or proposed conservator if he or she has knowledge of the facts or
32by the declarations or affidavits of other persons having knowledge
33of those facts.

34If any of the categories set forth in paragraphs (1) to (5),
35inclusive, are not applicable to the proposed conservatorship, the
36petitioner or proposed conservator shall so indicate and state on
37the supplemental information form the reasons therefor.

38The Judicial Council shall develop a supplemental information
39form for the information required pursuant to paragraphs (1) to
40(5), inclusive, after consultation with individuals or organizations
P6    1approved by the Judicial Council, who represent public
2conservators, court investigators, the State Bar, specialists with
3experience in performing assessments and coordinating
4community-based services, and legal services for the elderly and
5disabled.

6The supplemental information form shall be separate and distinct
7from the form for the petition. The supplemental information shall
8be confidential and shall be made available only to parties, persons
9given notice of the petition who have requested this supplemental
10information or who have appeared in the proceedings, their
11attorneys, and the court. The court shall have discretion at any
12other time to release the supplemental information to other persons
13if it would serve the interests of the conservatee. The clerk of the
14court shall make provision for limiting disclosure of the
15supplemental information exclusively to persons entitled thereto
16under this section.

17(b) The petition shall set forth, so far as they are known to the
18petitioner or proposed conservator, the names and addresses of the
19spouse or domestic partner, and of the relatives of the proposed
20 conservatee within the second degree. If no spouse or domestic
21partner of the proposed conservatee or relatives of the proposed
22conservatee within the second degree are known to the petitioner
23or proposed conservator, the petition shall set forth, so far as they
24are known to the petitioner or proposed conservator, the names
25and addresses of the following persons who, for the purposes of
26Section 1822, shall all be deemed to be relatives:

27(1) A spouse or domestic partner of a predeceased parent of a
28proposed conservatee.

29(2) The children of a predeceased spouse or domestic partner
30of a proposed conservatee.

31(3) The siblings of the proposed conservatee’s parents, if any,
32but if none, then the natural and adoptive children of the proposed
33conservatee’s parents’ siblings.

34(4) The natural and adoptive children of the proposed
35conservatee’s siblings.

36(c) If the petitioner or proposed conservator is a professional
37fiduciary, as described in Section 2340, who is required to be
38licensed under the Professional Fiduciaries Act (Chapter 6
39(commencing with Section 6500) of Division 3 of the Business
40and Professions Code), the petition shall include the following:

P7    1(1) The petitioner’s or proposed conservator’s proposed hourly
2fee schedule or another statement of his or her proposed
3compensation from the estate of the proposed conservatee for
4services performed as a conservator. The petitioner’s or proposed
5conservator’s provision of a proposed hourly fee schedule or
6another statement of his or her proposed compensation, as required
7by this paragraph, shall not preclude a court from later reducing
8the petitioner’s or proposed conservator’s fees or other
9compensation.

10(2) Unless a petition for appointment of a temporary conservator
11that contains the statements required by this paragraph is filed
12together with a petition for appointment of a conservator, both of
13the following:

14(A) A statement of the petitioner’s or proposed conservator’s
15license information.

16(B) A statement explaining who engaged the petitioner or
17proposed conservator or how the petitioner or proposed conservator
18was engaged to file the petition for appointment of a conservator
19or to agree to accept the appointment as conservator and what prior
20relationship the petitioner or proposed conservator had with the
21proposed conservatee or the proposed conservatee’s family or
22friends.

23(d) If the petition is filed by a person other than the proposed
24conservatee, the petition shall include a declaration of due diligence
25showing both of the following:

26(1) Either the efforts to find the proposed conservatee’s relatives
27or why it was not feasible to contact any of them.

28(2) Either the preferences of the proposed conservatee
29concerning the appointment of a conservator and the appointment
30of the proposed conservator or why it was not feasible to ascertain
31those preferences.

32(e) If the petition is filed by a person other than the proposed
33conservatee, the petition shall state whether or not the petitioner
34is a creditor or debtor, or the agent of a creditor or debtor, of the
35proposed conservatee.

36(f) If the proposed conservatee is a patient in or on leave of
37absence from a state institution under the jurisdiction of the State
38Department of State Hospitals or the State Department of
39Developmental Services and that fact is known to the petitioner
P8    1or proposed conservator, the petition shall state that fact and name
2the institution.

3(g) The petition shall state, so far as is known to the petitioner
4or proposed conservator, whether or not the proposed conservatee
5is receiving or is entitled to receive benefits from the Veterans
6Administration and the estimated amount of the monthly benefit
7payable by the Veterans Administration for the proposed
8conservatee.

9(h) The petition may include an application for any order or
10orders authorized under this division, including, but not limited
11to, orders under Chapter 4 (commencing with Section 1870).

12(i) The petition may include a further statement that the proposed
13conservatee is not willing to attend the hearing on the petition,
14does not wish to contest the establishment of the conservatorship,
15and does not object to the proposed conservator or prefer that
16another person act as conservator.

17(j) In the case of an allegedly developmentally disabled adult,
18the petition shall set forth the following:

19(1) The nature and degree of the alleged disability, the specific
20duties and powers requested by or for the limited conservator, and
21the limitations of civil and legal rights requested to be included in
22the court’s order of appointment.

23(2) Whether or not the proposed limited conservatee is or is
24alleged to be developmentally disabled.

25Reports submitted pursuant to Section 416.8 of the Health and
26 Safety Code meet the requirements of this section, and
27conservatorships filed pursuant to Article 7.5 (commencing with
28Section 416) of Chapter 2 of Part 1 of Division 1 of the Health and
29Safety Code are exempt from providing the supplemental
30information required by this section, so long as the guidelines
31adopted by the State Department of Developmental Services for
32regional centers require the same information that is required
33pursuant to this section.

34(k) The petition shall state, so far as is known to the petitioner,
35whether or not the proposed conservatee is a member of a federally
36recognized Indian tribe. If so, the petition shall state the name of
37the tribe, the state in which the tribe is located, whether the
38proposed conservatee resides on tribal land, and whether the
39proposed conservatee is known to own property on tribal land. For
40the purposes of this subdivision, “tribal land” means land that is,
P9    1with respect to a specific Indian tribe and the members of that
2tribe, “Indian country” as defined in Section 1151 of Title 18 of
3the United States Code.

4

SEC. 7.  

Section 1834 of the Probate Code is amended to read:

5

1834.  

(a) Before letters are issued in a conservatorship that
6originates in this state or a conservatorship that is transferred to
7this state under Chapter 8 (commencing with Section 1980), the
8conservator (other than a trust company or a public conservator)
9shall file an acknowledgment of receipt of (1) a statement of duties
10and liabilities of the office of conservator, and (2) a copy of the
11conservatorship information required under Section 1835. The
12acknowledgment and the statement shall be in the form prescribed
13by the Judicial Council.

14(b) The court may by local rules require the acknowledgment
15of receipt to include the conservator’s birth date and driver’s license
16number, if any, provided that the court ensures their confidentiality.

17(c) The statement of duties and liabilities prescribed by the
18Judicial Council shall not supersede the law on which the statement
19is based.

20

SEC. 8.  

Section 1840 of the Probate Code is amended to read:

21

1840.  

Except as otherwise provided in this article, a conservator
22for an absentee (Section 1403) shall be appointed as provided in
23Article 3 (commencing with Section 1820) of this chapter or Article
243 (commencing with Section 2001) of Chapter 8.

25

SEC. 9.  

Section 1841 of the Probate Code is amended to read:

26

1841.  

In addition to the other required contents of the petition,
27if the proposed conservatee is an absentee:

28(a) The petition, and any notice required by Sectionbegin delete 1822,
29Sectionend delete
begin insert 1822 orend insert 2002, or any other law, shall set forth the last
30known military rank or grade and the social security account
31number of the proposed conservatee.

32(b) The petition shall state whether the absentee’s spouse has
33commenced any action or proceeding against the absentee for
34judicial or legal separation, dissolution of marriage, annulment,
35or adjudication of nullity of their marriage.

36

SEC. 10.  

Section 1842 of the Probate Code is amended to read:

37

1842.  

In addition to the persons and entities to whom notice
38of hearing is required under Section 1822 orbegin delete Sectionend delete 2002, if the
39proposed conservatee is an absentee, a copy of the petition and
40notice of the time and place of the hearing shall be mailed at least
P10   115 days before the hearing to the secretary concerned or to the
2head of the United States department or agency concerned, as the
3case may be. In such case, notice shall also be published pursuant
4to Section 6061 of the Government Code in a newspaper of general
5circulation in the county in which the hearing will be held.

6

SEC. 11.  

Section 1843 of the Probate Code is amended to read:

7

1843.  

(a) No citation is required under Section 1823 to the
8proposed conservatee if the proposed conservatee is an absentee.

9(b) No notice is required under Section 2002 to the proposed
10conservatee if the proposed conservatee is an absentee.

11

SEC. 12.  

Section 1844 of the Probate Code is amended to read:

12

1844.  

(a) In a proceeding to appoint a conservator for an
13absentee under Article 3 (commencing with Section 1820) of this
14chapter or Article 3 (commencing with Section 2001) of Chapter
158, an official written report or record complying with Section 1283
16of the Evidence Code that a proposed conservatee is an absentee
17shall be received as evidence of that fact and the court shall not
18determine the status of the proposed conservatee inconsistent with
19the status determined as shown by the written report or record.

20(b) The inability of the proposed conservatee to attend the
21hearing is established by the official written report or record
22referred to in subdivision (a).

23

SEC. 13.  

Section 1845 of the Probate Code is amended to read:

24

1845.  

(a) Except as otherwise provided in this article, a
25conservator of the estate of a person who is missing and whose
26whereabouts is unknown shall be appointed as provided in Article
273 (commencing with Section 1820) of this chapter or Article 3
28(commencing with Section 2001) of Chapter 8.

29(b) This article does not apply where the proposed conservatee
30is an absentee as defined in Section 1403.

31

SEC. 14.  

Section 1846 of the Probate Code is amended to read:

32

1846.  

In addition to the other required contents of the petition,
33if the proposed conservatee is a person who is missing and whose
34whereabouts is unknown, the petition shall state all of the
35following:

36(a) The proposed conservatee owns or is entitled to the
37possession of real or personal property located in this state. In a
38proceeding to transfer a conservatorship of a missing person to
39this state under Article 3 (commencing with Section 2001) of
40Chapter 8, this requirement is also satisfied if the petition states
P11   1that the proposed conservatee owns or is entitled to the possession
2of personal property that is to be relocated to this state upon
3approval of the transfer.

4(b) The time and circumstance of the person’s disappearance
5and that the missing person has not been heard from by the persons
6most likely to hear (naming them and their relationship to the
7missing person) since the time of disappearance and that the
8whereabouts of the missing person is unknown to those persons
9and to the petitioner.

10(c) The last known residence of the missing person.

11(d) A description of any search or inquiry made concerning the
12whereabouts of the missing person.

13(e) A description of the estate of the proposed conservatee which
14requires attention, supervision, and care.

15

SEC. 15.  

Section 1847 of the Probate Code is amended to read:

16

1847.  

In addition to the persons and entities to whom notice
17of hearing is required under Section 1822 orbegin delete Sectionend delete 2002, if the
18proposed conservatee is a person who is missing and whose
19whereabouts is unknown:

20(a) A copy of the petition for appointment of a conservator and
21notice of the time and place of the hearing on the petition shall be
22mailed at least 15 days before the hearing to the proposed
23conservatee at the last known address of the proposed conservatee.

24(b) Notice of the time and place of the hearing shall also be
25published pursuant to Section 6061 of the Government Code in a
26newspaper of general circulation in the county in which the
27proposed conservatee was last known to reside if the proposed
28conservatee’s last known address is in this state.

29(c) Pursuant to Section 1202, the court may require that further
30or additional notice of the hearing be given.

31

SEC. 16.  

Section 1848 of the Probate Code is amended to read:

32

1848.  

(a) In a proceeding under Article 3 (commencing with
33Section 1820) to appoint a conservator of the estate of a person
34who is missing and whose whereabouts is unknown, the following
35acts are not required:

36(1) Issuance of a citation to the proposed conservatee pursuant
37to Section 1823.

38(2) Service of a citation and petition pursuant to Section 1824.

39(3) Production of the proposed conservatee at the hearing
40pursuant to Section 1825.

P12   1(4) Performance of the duties of the court investigator pursuant
2to Section 1826.

3(5) Performance of any other act that depends upon knowledge
4of the location of the proposed conservatee.

5(b) In a proceeding to transfer a conservatorship of a missing
6person to this state under Article 3 (commencing with Section
72001) of Chapter 8, the following acts are not required:

8(1) Notice to the proposed conservatee pursuant to Section 2002.

9(2) Production of the proposed conservatee at the hearings
10pursuant to Section 2002.

11(3) Performance of the duties of the court investigator pursuant
12to Section 1851.1.

13(4) Performance of any other act that depends upon knowledge
14of the location of the proposed conservatee.

15

SEC. 17.  

Section 1849 of the Probate Code is amended to read:

16

1849.  

A conservator of the estate of a person who is missing
17and whose whereabouts is unknown may be appointed only if the
18court finds all of the following:

19(a) The proposed conservatee owns or is entitled to the
20possession of real or personal property located in this state. In a
21proceeding to transfer a conservatorship of a missing person to
22this state under Article 3 (commencing with Section 2001) of
23Chapter 8, this requirement is also satisfied if the court finds that
24the proposed conservatee owns or is entitled to the possession of
25personal property that is to be relocated to this state upon approval
26of the transfer.

27(b) The proposed conservatee remains missing and his or her
28whereabouts remains unknown.

29(c) The estate of the proposed conservatee requires attention,
30supervision, and care.

31

SEC. 18.  

Section 1851.1 is added to the Probate Code, to read:

32

1851.1.  

(a) When a court issues an order provisionally granting
33a petition under Section 2002, the investigator appointed under
34Section 2002 shall promptly commence an investigation under this
35section.

36(b) In conducting an investigation and preparing a report under
37this section, the court investigator shall do all of the following:

38(1) Comply with the requirements of Section 1851.

39(2) Conduct an interview of the conservator.

P13   1(3) Conduct an interview of the conservatee’s spouse or
2registered domestic partner, if any.

3(4) Inform the conservatee of the nature, purpose, and effect of
4the conservatorship.

5(5) Inform the conservatee and all other persons entitled to
6notice under subdivision (b) of Section 2002 of the right to seek
7termination of the conservatorship.

8(6) Determine whether the conservatee objects to the conservator
9or prefers another person to act as conservator.

10(7) Inform the conservatee of the right to attend the hearing
11under subdivision (c).

12(8) Determine whether it appears that the conservatee is unable
13to attend the hearing and, if able to attend, whether the conservatee
14is willing to attend the hearing.

15(9) Inform the conservatee of the right to be represented by legal
16counsel if the conservatee so chooses, and to have legal counsel
17appointed by the court if the conservatee is unable to retain legal
18counsel.

19(10) Determine whether the conservatee wishes to be represented
20by legal counsel and, if so, whether the conservatee has retained
21legal counsel and, if not, the name of an attorney the conservatee
22wishes to retain.

23(11) If the conservatee has not retained legal counsel, determine
24whether the conservatee desires the court to appoint legal counsel.

25(12) Determine whether the appointment of legal counsel would
26be helpful to the resolution of the matter or is necessary to protect
27the interests of the conservatee in any case where the conservatee
28does not plan to retain legal counsel and has not requested the
29appointment of legal counsel by the court.

30(13) Consider each of the categories specified in paragraphs (1)
31to (5), inclusive, of subdivision (a) of Section 1821.

32(14) Consider, to the extent practicable, whether the investigator
33believes the conservatee suffers from any of the mental function
34deficits listed in subdivision (a) of Section 811 that significantly
35impairs the conservatee’s ability to understand and appreciate the
36consequences of the conservatee’s actions in connection with any
37of the functions described in subdivision (a) or (b) of Section 1801
38and identify the observations that support that belief.

39(c) The court shall review the conservatorship as provided in
40Section 2002. The conservatee shall attend the hearing unless the
P14   1conservatee’s attendance is excused under Section 1825. The court
2may take appropriate action in response to the court investigator’s
3report under this section.

4(d) The court investigator’s report under this section shall be
5confidential as provided in Section 1851.

6(e) Except as provided in paragraph (2) of subdivision (a) of
7Section 1850, the court shall review the conservatorship again one
8year after the review conducted pursuant to subdivision (c), and
9annually thereafter, in the manner specified in Section 1850.

10(f) The first time that the need for a conservatorship is
11challenged by any interested person or raised on the court’s own
12motion after a transfer under Section 2002, whether in a review
13pursuant to this section or in a petition to terminate the
14conservatorship under Chapter 3 (commencing with Section 1860),
15the court shall presume that there is no need for a conservatorship.
16This presumption is rebuttable, but can only be overcome by clear
17and convincing evidence. The court shall make an express finding
18on whether continuation of the conservatorship is the least
19restrictive alternative needed for the protection of the conservatee.

20(g) If a duty described in this section is the same as a duty
21imposed pursuant to the amendments tobegin delete Section 1826 or 1851end delete
22begin insert Sections 1826, 1850, 1851, 2250, 2253, and 2620 and the addition
23of Sections 2250.4 and 2250.6end insert
enacted by Chapter 493 of the
24Statutes of 2006,begin insert and the addition of Section 1051 enacted by
25Chapter 492 of the Statutes of 2006,end insert
a superior court shall not be
26required to perform that duty until the Legislature makes an
27appropriation identified for this purpose.

28

SEC. 19.  

Section 1890 of the Probate Code is amended to read:

29

1890.  

(a) An order of the court under Section 1880 may be
30included in the order of appointment of the conservator if the order
31was requested in the petition for the appointment of the conservator
32or the transfer petition under Section 2002 or, except in the case
33of a limited conservator, may be made subsequently upon a petition
34made, noticed, and heard by the court in the manner provided in
35this article.

36(b) In the case of a petition filed under this chapter requesting
37that the court make an order under this chapter or that the court
38modify or revoke an order made under this chapter, when the order
39applies to a limited conservatee, the order may only be made upon
40a petition made, noticed, and heard by the court in the manner
P15   1provided by Article 3 (commencing with Section 1820) of Chapter
21.

3(c) No court order under Section 1880, whether issued as part
4of an order granting the original petition for appointment of a
5conservator or issued subsequent thereto, may be granted unless
6supported by a declaration, filed at or before the hearing on the
7request, executed by a licensed physician, or a licensed
8psychologist within the scope of his or her licensure, and stating
9that the proposed conservatee or the conservatee, as the case may
10be, lacks the capacity to give an informed consent for any form of
11medical treatment and the reasons therefor. Nothing in this section
12shall be construed to expand the scope of practice of psychologists
13as set forth in the Business and Professions Code.

14

SEC. 20.  

Chapter 8 (commencing with Section 1980) is added
15to Part 3 of Division 4 of the Probate Code, to read:

16 

17Chapter  8. Interstate Jurisdiction, Transfer, and
18Recognition: California Conservatorship Jurisdiction Act
19

19 

20Article 1.  General Provisions
21

 

22

1980.  

(a) By enacting this chapter, it is the Legislature’s intent
23to enact a modified version of the Uniform Adult Guardianship
24and Protective Proceedings Jurisdiction Act.

25(b) This chapter may be cited as the “California Conservatorship
26Jurisdiction Act.”

27

1981.  

(a) (1) This chapter does not apply to a minor, regardless
28of whether the minor is or was married.

29(2) This chapter does not apply to any proceeding in which a
30person is appointed to provide personal care or property
31administration for a minor, including, but not limited to, a
32guardianship under Part 2 (commencing with Section 1500).

33(b) This chapter does not apply to any proceeding in which a
34person is involuntarily committed to a mental health facility or
35subjected to other involuntary mental health care, including, but
36not limited to, any of the following proceedings or any proceeding
37that is similar in substance:

38(1) A proceeding under Sections 1026 to 1027, inclusive, of the
39Penal Code.

P16   1(2) A proceeding under Chapter 6 (commencing with Section
21367) of Title 10 of Part 2 of the Penal Code.

3(3) A proceeding under Article 4 (commencing with Section
42960) of Chapter 7 of Title 1 of Part 3 of the Penal Code.

5(4) A proceeding under Article 6 (commencing with Section
61800) of Chapter 1 of Division 2.5 of the Welfare and Institutions
7Code.

8(5) A proceeding under Article 2 (commencing with Section
93050) of Chapter 1 of Division 3 of the Welfare and Institutions
10Code.

11(6) A proceeding under Article 3 (commencing with Section
123100) of Chapter 1 of Division 3 of the Welfare and Institutions
13Code.

14(7) A proceeding under Part 1 (commencing with Section 5000)
15of Division 5 of the Welfare and Institutions Code, which is also
16known as the Lanterman-Petris-Short Act.

17(8) A proceeding under Article 2 (commencing with Section
186500) of Chapter 2 of Part 2 of Division 6 of the Welfare and
19Institutions Code.

20(9) A proceeding under Article 4 (commencing with Section
216600) of Chapter 2 of Part 2 of Division 6 of the Welfare and
22Institutions Code.

23(c) Article 3 (commencing with Section 2001) does not apply
24to an adult with a developmental disability, or to any proceeding
25in which a person is appointed to provide personal care or property
26administration for an adult with a developmental disability,
27including, but not limited to, the following types of proceedings:

28(1) A proceeding under Article 7.5 (commencing with Section
29416) of Chapter 2 of Part 1 of Division 1 of the Health and Safety
30Code.

31(2) A limited conservatorship under subdivision (d) of Section
321801.

33(3) A proceeding under Section 4825 of the Welfare and
34Institutions Code.

35(4) A proceeding under Article 2 (commencing with Section
366500) of Chapter 2 of Part 2 of Division 6 of the Welfare and
37Institutions Code.

38(d) Application of this chapter to a conservatee with dementia
39is subject to the express limitations of Sections 2002 and 2014, as
40well as the other requirements of this chapter.

P17   1

1982.  

In this chapter:

2(a) “Adult” means an individual who has attained 18 years of
3age.

4(b) “Conservatee” means an adult for whom a conservator of
5the estate, a conservator of the person, or a conservator of the
6person and estate has been appointed.

7(c) “Conservator” means a person appointed by the court to
8serve as a conservator of the estate, a conservator of the person,
9or a conservator of the person and estate.

10(d) “Conservator of the estate” means a person appointed by
11the court to administer the property of an adult, including, but not
12limited to, a person appointed for that purpose under subdivision
13(b) of Section 1801.

14(e) “Conservator of the person” means a person appointed by
15the court to make decisions regarding the person of an adult,
16including, but not limited to, a person appointed for that purpose
17under subdivision (a) of Section 1801.

18(f) “Conservator of the person and estate” means a person
19appointed by the court to make decisions regarding the person of
20an adult and to administer the property of that adult, including, but
21not limited to, a person appointed for those purposes under
22subdivision (c) of Section 1801.

23(g) “Conservatorship order” means an order appointing a
24conservator of the estate, a conservator of the person, or a
25conservator of the person and estate in a conservatorship
26proceeding.

27(h) “Conservatorship proceeding” means a judicial proceeding
28in which an order for the appointment of a conservator of the estate,
29a conservator of the person, or a conservator of the person and
30estate is sought or has been issued.

31(i) “Party” means the conservatee, proposed conservatee,
32petitioner, conservator, proposed conservator, or any other person
33allowed by the court to participate in a conservatorship proceeding.

34(j) “Person” means an individual, corporation, business trust,
35estate, trust, partnership, limited liability company, association,
36joint venture, public corporation, government or governmental
37subdivision, agency, or instrumentality, or any other legal or
38commercial entity.

39(k) “Proposed conservatee” means an adult for whom a
40conservatorship order is sought.

P18   1(l) “Record” means information that is inscribed on a tangible
2medium or that is stored in an electronic or other medium and is
3retrievable in perceivable form.

4(m) Notwithstanding Section 74, “state” means a state of the
5United States, the District of Columbia, Puerto Rico, the United
6States Virgin Islands, a federally recognized Indian tribe, or any
7territory or insular possession subject to the jurisdiction of the
8United States.

9

1983.  

A court of this state may treat a foreign country as if it
10were a state for the purpose of applying this article and Articles
112, 3, and 5.

12

1984.  

(a) A court of this state may communicate with a court
13in another state concerning a proceeding arising under this chapter.
14The court may allow the parties to participate in the
15communication. Except as otherwise provided in subdivision (b),
16the court shall make a record of the communication. The record
17may be limited to the fact that the communication occurred.

18(b) Courts may communicate concerning schedules, calendars,
19court records, and other administrative matters without making a
20record.

21

1985.  

(a) In a conservatorship proceeding in this state, a court
22of this state may request the appropriate court of another state to
23do any of the following:

24(1) Hold an evidentiary hearing.

25(2) Order a person in that state to produce evidence or give
26testimony pursuant to procedures of that state.

27(3) Order that an evaluation or assessment be made of the
28proposed conservatee.

29(4) Order any appropriate investigation of a person involved in
30a proceeding.

31(5) Forward to the court of this state a certified copy of the
32transcript or other record of a hearing under paragraph (1) or any
33other proceeding, any evidence otherwise produced under
34paragraph (2), and any evaluation or assessment prepared in
35compliance with an order under paragraph (3) or (4).

36(6) Issue any order necessary to ensure the appearance in the
37proceeding of a person whose presence is necessary for the court
38to make a determination, including the conservatee or the proposed
39conservatee.

P19   1(7) Issue an order authorizing the release of medical, financial,
2criminal, or other relevant information in that state, including
3protected health information as defined in Section 160.103 of Title
445 of the Code of Federal Regulations.

5(b) If a court of another state in which a conservatorship
6proceeding is pending requests assistance of the kind provided in
7subdivision (a), a court of this state has jurisdiction for the limited
8purpose of granting the request or making reasonable efforts to
9comply with the request.

10(c) Travel and other necessary and reasonable expenses incurred
11under subdivisions (a) and (b) may be assessed against the parties
12according to the law of this state.

13

1986.  

(a) In a conservatorship proceeding, in addition to other
14procedures that may be available, testimony of a witness who is
15located in another state may be offered by deposition or other
16means allowable in this state for testimony taken in another state.
17The court on its own motion may order that the testimony of a
18witness be taken in another state and may prescribe the manner in
19which and the terms upon which the testimony is to be taken.

20(b) In a conservatorship proceeding, a court in this state may
21permit a witness located in another state to be deposed or to testify
22by telephone or audiovisual or other electronic means. A court of
23this state shall cooperate with the court of the other state in
24designating an appropriate location for the deposition or testimony.

25 

26Article 2.  Jurisdiction
27

 

28

1991.  

(a) In this article:

29(1) “Emergency” means a circumstance that likely will result
30in substantial harm to a proposed conservatee’s health, safety, or
31welfare, and for which the appointment of a conservator of the
32person is necessary because no other person has authority and is
33willing to act on behalf of the proposed conservatee.

34(2) “Home state” means the state in which the proposed
35conservatee was physically present, including any period of
36temporary absence, for at least six consecutive months immediately
37before the filing of a petition for a conservatorship order, or, if
38none, the state in which the proposed conservatee was physically
39present, including any period of temporary absence, for at least
P20   1six consecutive months ending within the six months prior to the
2filing of the petition.

3(3) “Significant-connection state” means a state, other than the
4home state, with which a proposed conservatee has a significant
5connection other than mere physical presence and in which
6substantial evidence concerning the proposed conservatee is
7available.

8(b) In determining under Section 1993 and subdivision (e) of
9Section 2001 whether a proposed conservatee has a significant
10connection with a particular state, the court shall consider all of
11the following:

12(1) The location of the proposed conservatee’s family and other
13persons required to be notified of the conservatorship proceeding.

14(2) The length of time the proposed conservatee at any time was
15physically present in the state and the duration of any absence.

16(3) The location of the proposed conservatee’s property.

17(4) The extent to which the proposed conservatee has ties to the
18state such as voting registration, state or local tax return filing,
19vehicle registration, driver’s license, social relationship, and receipt
20of services.

21

1992.  

For a conservatorship proceeding governed by this article,
22this article provides the exclusive basis for determining whether
23the courts of this state, as opposed to the courts of another state,
24have jurisdiction to appoint a conservator of the person, a
25conservator of the estate, or a conservator of the person and estate.

26

1993.  

(a) A court of this state has jurisdiction to appoint a
27conservator for a proposed conservatee if this state is the proposed
28conservatee’s home state.

29(b) A court of this state has jurisdiction to appoint a conservator
30for a proposed conservatee if, on the date the petition is filed, this
31state is a significant-connection state and the respondent does not
32have a home state.

33(c) A court of this state has jurisdiction to appoint a conservator
34for a proposed conservatee if, on the date the petition is filed, this
35state is a significant-connection state and a court of the proposed
36conservatee’s home state has expressly declined to exercise
37jurisdiction because this state is a more appropriate forum.

38(d) A court of this state has jurisdiction to appoint a conservator
39for a proposed conservatee if both of the following conditions are
40satisfied:

P21   1(1) On the date the petition is filed, this state is a
2significant-connection state, the proposed conservatee has a home
3state, and a conservatorship petition is not pending in a court of
4the home state or another significant-connection state.

5(2) Before the court makes the appointment, no conservatorship
6petition is filed in the proposed conservatee’s home state, no
7objection to the court’s jurisdiction is filed by a person required
8to be notified of the proceeding, and the court in this state
9concludes that it is an appropriate forum under the factors set forth
10in Section 1996.

11(e) A court of this state has jurisdiction to appoint a conservator
12for a proposed conservatee if all of the following conditions are
13satisfied:

14(1) This state does not have jurisdiction under subdivision (a),
15(b), (c), or (d).

16(2) The proposed conservatee’s home state and all
17significant-connection states have expressly declined to exercise
18jurisdiction because this state is the more appropriate forum.

19(3) Jurisdiction in this state is consistent with the constitutions
20of this state and the United States.

21(f) A court of this state has jurisdiction to appoint a conservator
22for a proposed conservatee if the requirements for special
23jurisdiction under Section 1994 are met.

24

1994.  

(a) A court of this state lacking jurisdiction under
25subdivisions (a) to (e), inclusive, of Section 1993 has special
26jurisdiction to do any of the following:

27(1) Appoint a temporary conservator of the person in an
28emergency for a proposed conservatee who is physically present
29in this state. In making an appointment under this paragraph, a
30court shall follow the procedures specified in Chapter 3
31(commencing with Section 2250) of Part 4. The temporary
32conservatorship shall terminate in accordance with Section 2257.

33(2) Appoint a conservator of the estate with respect to real or
34tangible personal property located in this state.

35(3) Appoint a conservator of the person, conservator of the
36estate, or conservator of the person and estate for a proposed
37conservatee for whom a provisional order to transfer a proceeding
38from another state has been issued under procedures similar to
39Section 2001. In making an appointment under this paragraph, a
40court shall follow the procedures specified in Chapter 3
P22   1(commencing with Section 2250) of Part 4. The temporary
2conservatorship shall terminate in accordance with Section 2257.

3(b) If a petition for the appointment of a conservator of the
4person in an emergency is brought in this state and this state was
5not the home state of the proposed conservatee on the date the
6petition was filed, the court shall dismiss the proceeding at the
7request of the court of the home state, if any, whether dismissal is
8requested before or after the emergency appointment of a temporary
9conservator of the person.

10

1995.  

Except as otherwise provided in Section 1994, a court
11that has appointed a conservator consistent with this chapter has
12exclusive and continuing jurisdiction over the proceeding until it
13is terminated by the court or the appointment expires by its own
14terms.

15

1996.  

(a) (1) A court of this state having jurisdiction under
16Section 1993 to appoint a conservator may decline to exercise its
17jurisdiction if it determines at any time that a court of another state
18is a more appropriate forum.

19(2) The issue of appropriate forum may be raised upon petition
20of any interested person, the court’s own motion, or the request of
21another court.

22(3) The petitioner, or, if there is no petitioner, the court in this
23state, shall give notice of the petition, motion, or request to the
24same persons and in the same manner as for a petition for a
25conservatorship under Section 1801. The notice shall state the
26basis for the petition, motion, or request, and shall inform the
27recipients of the date, time, and place of the hearing under
28paragraph (4). The notice shall also advise the recipients that they
29have a right to object to the petition, motion, or request. The notice
30to the potential conservatee shall inform the potential conservatee
31of the right to be represented by legal counsel if the potential
32conservatee so chooses, and to have legal counsel appointed by
33the court if the potential conservatee is unable to retain legal
34counsel.

35(4) The court shall hold a hearing on the petition, motion, or
36request.

37(b) If a court of this state declines to exercise its jurisdiction
38under subdivision (a), it shall grant the petition, motion, or request,
39and either dismiss or stay any conservatorship proceeding pending
40in this state. The court’s order shall be based on evidence presented
P23   1to the court. The order shall be in a record and shall expressly state
2that the court declines to exercise its jurisdiction because a court
3of another state is a more appropriate forum. The court may impose
4any condition the court considers just and proper, including the
5condition that a petition for the appointment of a conservator of
6the person, conservator of the estate, or conservator of the person
7and estate be filed promptly in another state.

8(c) In determining whether it is an appropriate forum, the court
9shall consider all relevant factors, including all of the following:

10(1) Any expressed preference of the proposed conservatee.

11(2) Whether abuse, neglect, or exploitation of the proposed
12conservatee has occurred or is likely to occur and which state could
13best protect the proposed conservatee from the abuse, neglect, or
14exploitation.

15(3) The length of time the proposed conservatee was physically
16present in or was a legal resident of this or another state.

17(4) The location of the proposed conservatee’s family, friends,
18and other persons required to be notified of the conservatorship
19proceeding.

20(5) The distance of the proposed conservatee from the court in
21each state.

22(6) The financial circumstances of the estate of the proposed
23conservatee.

24(7) The nature and location of the evidence.

25(8) The ability of the court in each state to decide the issue
26expeditiously and the procedures necessary to present evidence.

27(9) The familiarity of the court of each state with the facts and
28issues in the proceeding.

29(10) If an appointment were made, the court’s ability to monitor
30the conduct of the conservator.

31

1997.  

(a) If at any time a court of this state determines that it
32acquired jurisdiction to appoint a conservator because of
33unjustifiable conduct, the court may do any of the following:

34(1) Decline to exercise jurisdiction.

35(2) Exercise jurisdiction for the limited purpose of fashioning
36an appropriate remedy to ensure the health, safety, and welfare of
37the conservatee or proposed conservatee or the protection of the
38property of the conservatee or proposed conservatee or to prevent
39a repetition of the unjustifiable conduct, including staying the
40proceeding until a petition for the appointment of a conservator
P24   1of the person, conservator of the estate, or conservator of the person
2and estate is filed in a court of another state having jurisdiction.

3(3) Continue to exercise jurisdiction after considering all of the
4following:

5(A) The extent to which the conservatee or proposed conservatee
6and all persons required to be notified of the proceedings have
7acquiesced in the exercise of the court’s jurisdiction.

8(B) Whether it is a more appropriate forum than the court of
9any other state under the factors set forth in subdivision (c) of
10Section 1996.

11(C) Whether the court of any other state would have jurisdiction
12under factual circumstances in substantial conformity with the
13jurisdictional standards of Section 1993.

14(b) If a court of this state determines that it acquired jurisdiction
15to appoint a conservator because a party seeking to invoke its
16jurisdiction engaged in unjustifiable conduct, it may assess against
17that party necessary and reasonable expenses, including attorney’s
18fees, investigative fees, court costs, communication expenses,
19medical examination expenses, witness fees and expenses, and
20travel expenses. The court may not assess fees, costs, or expenses
21of any kind against this state or a governmental subdivision,
22agency, or instrumentality of this state unless authorized by law
23other than this chapter.

24

1998.  

If a petition for the appointment of a conservator of the
25person, conservator of the estate, or conservator of the person and
26estate is brought in this state and this state was not the home state
27of the proposed conservatee on the date the petition was filed, in
28addition to complying with the notice requirements of this state,
29the petitioner shall give notice of the petition or of a hearing on
30the petition to those persons who would be entitled to notice of
31the petition or of a hearing on the petition if a proceeding were
32brought in the home state of the proposed conservatee. The notice
33shall be given in the same manner as notice is required to be given
34in this state.

35

1999.  

Except for a petition for the appointment of a conservator
36under paragraph (1) or paragraph (2) of subdivision (a) of Section
371994, if a petition for the appointment of a conservator is filed in
38this state and in another state and neither petition has been
39dismissed or withdrawn, the following rules apply:

P25   1(a) If the court in this state has jurisdiction under Section 1993,
2it may proceed with the case unless a court in another state acquires
3jurisdiction under provisions similar to Section 1993 before the
4appointment.

5(b) If the court in this state does not have jurisdiction under
6Section 1993, whether at the time the petition is filed or at any
7time before the appointment, the court shall stay the proceeding
8and communicate with the court in the other state. If the court in
9the other state has jurisdiction, the court in this state shall dismiss
10the petition unless the court in the other state determines that the
11court in this state is a more appropriate forum.

12 

13Article 3.  Transfer of Conservatorship
14

 

15

2001.  

(a) A conservator appointed in this state may petition
16the court to transfer the conservatorship to another state.

17(b) The petitioner shall give notice of a hearing on a petition
18under subdivision (a) to the persons that would be entitled to notice
19of a hearing on a petition in this state for the appointment of a
20conservator.

21(c) The court shall hold a hearing on a petition filed pursuant
22to subdivision (a).

23(d) The court shall issue an order provisionally granting a
24petition to transfer a conservatorship of the person, and shall direct
25the conservator of the person to petition for acceptance of the
26conservatorship in the other state, if the court is satisfied that the
27conservatorship will be accepted by the court in the other state and
28the court finds all of the following:

29(1) The conservatee is physically present in or is reasonably
30expected to move permanently to the other state.

31(2) An objection to the transfer has not been made or, if an
32objection has been made, the court determines that the transfer
33would not be contrary to the interests of the conservatee.

34(3) Plans for care and services for the conservatee in the other
35state are reasonable and sufficient.

36(e) The court shall issue a provisional order granting a petition
37to transfer a conservatorship of the estate, and shall direct the
38conservator of the estate to petition for acceptance of the
39 conservatorship in the other state, if the court is satisfied that the
P26   1conservatorship will be accepted by the court of the other state
2and the court finds all of the following:

3(1) The conservatee is physically present in or is reasonably
4expected to move permanently to the other state, or the conservatee
5has a significant connection to the other state considering the
6factors in subdivision (b) of Section 1991.

7(2) An objection to the transfer has not been made or, if an
8objection has been made, the court determines that the transfer
9would not be contrary to the interests of the conservatee.

10(3) Adequate arrangements will be made for management of
11the conservatee’s property.

12(f) The court shall issue a provisional order granting a petition
13to transfer a conservatorship of the person and estate, and shall
14direct the conservator to petition for acceptance of the
15conservatorship in the other state, if the requirements of subdivision
16(d) and the requirements of subdivision (e) are both satisfied.

17(g) The court shall issue a final order confirming the transfer
18and terminating the conservatorship upon its receipt of both of the
19following:

20(1) A provisional order accepting the proceeding from the court
21to which the proceeding is to be transferred which is issued under
22provisions similar to Section 2002.

23(2) The documents required to terminate a conservatorship in
24this state, including, but not limited to, any required accounting.

25

2002.  

(a) (1) To confirm transfer of a conservatorship
26transferred to this state under provisions similar to Section 2001,
27the conservator shall petition the court in this state to accept the
28conservatorship.

29(2) The petition shall include a certified copy of the other state’s
30provisional order of transfer.

31(3) On the first page of the petition, the petitioner shall state
32that the conservatorship does not fall within the limitations of
33Section 1981. The body of the petition shall allege facts showing
34that this chapter applies and the requirements for transfer of the
35conservatorship are satisfied.

36(4) The petition shall specify any modifications necessary to
37conform the conservatorship to the law of this state, and the terms
38of a proposed final order accepting the conservatorship.

39(5) A petition for the appointment of a temporary conservator
40under Section 1994 and Chapter 3 (commencing with Section
P27   12250) of Part 4 may be filed while a petition under this section is
2pending. The petition for the appointment of a temporary
3conservator shall request the appointment of a temporary
4conservator eligible for appointment in this state, and shall be
5limited to powers authorized for a temporary conservator in this
6state. For purposes of Chapter 3 (commencing with Section 2250)
7of Part 4, the court shall treat a petition under this section as the
8equivalent of a petition for a general conservatorship.

9(b) The petitioner shall give notice of a hearing on a petition
10under subdivision (a) to those persons that would be entitled to
11notice if the petition were a petition for the appointment of a
12conservator in both the transferring state and this state. The
13petitioner shall also give notice to any attorney of record for the
14conservatee in the transferring state and to any attorney appointed
15or appearing for the conservatee in this state. The petitioner shall
16give the notice in the same manner that notice of a petition for the
17appointment of a conservator is required to be given in this state,
18except that notice to the conservatee shall be given by mailing the
19petition instead of by personal service of a citation.

20(c) Any person entitled to notice under subdivision (b) may
21object to the petition on one or more of the following grounds:

22(1) Transfer of the proceeding would be contrary to the interests
23of the conservatee.

24(2) Under the law of the transferring state, the conservator is
25ineligible for appointment in this state.

26(3) Under the law of this state, the conservator is ineligible for
27appointment in this state, and the transfer petition does not identify
28a replacement who is willing and eligible to serve in this state.

29(4) This chapter is inapplicable under Section 1981.

30(d) Promptly after the filing of a petition under subdivision (a),
31the court shall appoint an investigator under Section 1454. The
32investigator shall promptly commence a preliminary investigation
33of the conservatorship, which focuses on the matters described in
34subdivision (f).

35(e) The court shall hold a hearing on a petition filed pursuant
36to subdivision (a).

37(f) The court shall issue an order provisionally granting a petition
38filed under subdivision (a) unless any of the following occurs:

39(1) The court determines that transfer of the proceeding would
40be contrary to the interests of the conservatee.

P28   1(2) The court determines that, under the law of the transferring
2state, the conservator is ineligible for appointment in this state.

3(3) The court determines that, under the law of this state, the
4conservator is ineligible for appointment in this state, and the
5transfer petition does not identify a replacement who is willing
6and eligible to serve in this state.

7(4) The court determines that this chapter is inapplicable under
8Section 1981.

9(g) If the court issues an order provisionally granting the
10petition, the investigator shall promptly commence an investigation
11under Section 1851.1.

12(h) (1) Not later than 60 days after issuance of an order
13provisionally granting the petition, the court shall determine
14whether the conservatorship needs to be modified to conform to
15the law of this state. The court may take any action necessary to
16achieve compliance with the law of this state, including, but not
17limited to, striking or modifying any conservator powers that are
18not permitted under the law of this state.

19(2) At the same time that it makes the determination required
20by paragraph (1), the court shall review the conservatorship as
21provided in Section 1851.1.

22(3) The conformity determination and the review required by
23this subdivision shall occur at a hearing, which shall be noticed as
24provided in subdivision (b).

25(i) (1) The court shall issue a final order accepting the
26proceeding and appointing the conservator in this state upon
27completion of the conformity determination and review required
28by subdivision (h), or upon its receipt from the court from which
29the proceeding is being transferred of a final order issued under
30provisions similar to Section 2001 transferring the proceeding to
31this state, whichever occurs later. In appointing a conservator under
32this paragraph, the court shall comply with Section 1830.

33(2) A transfer to this state does not become effective unless and
34until the court issues a final order under paragraph (1). A
35conservator may not take action in this state pursuant to a transfer
36petition unless and until the transfer becomes effective and all of
37the following steps have occurred:

38(A) The conservator has taken an oath in accordance with
39Section 2300.

40(B) The conservator has filed the required bond, if any.

P29   1(C) The court has provided the information required by Section
21835 to the conservator.

3(D) The conservator has filed an acknowledgment of receipt as
4required by Section 1834.

5(E) The clerk of the court has issued the letters of
6conservatorship.

7(3) Paragraph (2) does not preclude a person who has been
8appointed as a temporary conservator pursuant to Chapter 3
9(commencing with Section 2250) from taking action in this state
10pursuant to the order establishing the temporary conservatorship.

11(4) When a transfer to this state becomes effective, the
12conservatorship is subject to the law of this state and shall
13thereafter be treated as a conservatorship under the law of this
14state. If a law of this state, including, but not limited to, Section
152356.5, mandates compliance with special requirements to exercise
16a particular conservatorship power or take a particular step, the
17conservator of a transferred conservatorship may not exercise that
18power or take that step without first complying with those special
19requirements.

20(j) Except as otherwise provided by Section 1851.1, Chapter 3
21(commencing with Section 1860), Chapter 9 (commencing with
22Section 2650) of Part 4, and other law, when the court grants a
23petition under this section, the court shall recognize a
24conservatorship order from the other state, including the
25determination of the conservatee’s incapacity and the appointment
26of the conservator.

27(k) The denial by a court of this state of a petition to accept a
28conservatorship transferred from another state does not affect the
29ability of the conservator to seek appointment as conservator in
30this state under Chapter 1 (commencing with Section 1800) of Part
313 if the court has jurisdiction to make an appointment other than
32by reason of the provisional order of transfer.

33

2003.  

If a conservatorship is transferred under this article from
34a court of this state to the court of a California tribe or from the
35court of a California tribe to a court of this state, the order that
36provisionally grants the transfer may expressly provide that
37specified powers of the conservator will not be transferred.
38Jurisdiction over the specified powers will be retained by the
39transferring state and will not be included in the powers that are
40granted to the conservator in the state that accepts the transfer.

 

P30   1Article 4.  Registration and Recognition of Orders from Other
2States
3

 

4

2011.  

(a) If a conservator of the person has been appointed in
5another state and a petition for the appointment of a conservator
6of the person is not pending in this state, the conservator of the
7person appointed in the other state, after providing notice pursuant
8to subdivisions (b) and (c), may register the conservatorship order
9in this state by filing certified copies of the order and letters of
10office, and proof of notice as required herein, together with a cover
11sheet approved by the Judicial Council, in the superior court of
12any appropriate county of this state.

13(b) At least 15 days before registering a conservatorship in this
14state, the conservator shall provide notice of an intent to register
15to all of the following:

16(1) The court supervising the conservatorship.

17(2) Every person who would be entitled to notice of a petition
18for the appointment of a conservator in the state where the
19conservatorship is being supervised.

20(3) Every person who would be entitled to notice of a petition
21for the appointment of a conservator in this state.

22(c) Each notice provided pursuant to subdivision (b) shall
23prominently state that when a conservator acts pursuant to
24registration, the conservator is subject to the law of this state
25governing the action, including, but not limited to, all applicable
26 procedures, and is not authorized to take any action prohibited by
27the law of this state. Except as provided in subdivision (c) of
28Section 2023, each notice shall also prominently state that the
29registration is effective only while the conservatee resides in
30another jurisdiction and does not authorize the conservator to take
31any action while the conservatee is residing in this state.

32

2012.  

(a) If a conservator of the estate has been appointed in
33another state and a petition for a conservatorship of the estate is
34not pending in this state, the conservator appointed in the other
35state, after providing notice pursuant to subdivisions (b) and (c),
36may register the conservatorship order in this state by filing
37certified copies of the order and letters of office and of any bond,
38and proof of notice as required herein, together with a cover sheet
39approved by the Judicial Council, in the superior court of any
P31   1county of this state in which property belonging to the conservatee
2is located.

3(b) At least 15 days before registering a conservatorship in this
4 state, the conservator shall provide notice of an intent to register
5to all of the following:

6(1) The court supervising the conservatorship.

7(2) Every person who would be entitled to notice of a petition
8for the appointment of a conservator in the state where the
9conservatorship is being supervised.

10(3) Every person who would be entitled to notice of a petition
11for the appointment of a conservator in this state.

12(c) Each notice provided pursuant to subdivision (b) shall
13prominently state that when a conservator acts pursuant to
14registration, the conservator is subject to the law of this state
15governing the action, including, but not limited to, all applicable
16 procedures, and is not authorized to take any action prohibited by
17the law of this state. Except as provided in subdivision (c) of
18Section 2023, each notice shall also prominently state that the
19registration is effective only while the conservatee resides in
20another jurisdiction and does not authorize the conservator to take
21any action while the conservatee is residing in this state.

22

2013.  

(a) If a conservator of the person and estate has been
23appointed in another state and a petition for a conservatorship of
24the person, conservatorship of the estate, or conservatorship of the
25person and estate is not pending in this state, the conservator
26appointed in the other state, after providing notice pursuant to
27subdivisions (b) and (c), may register the conservatorship order in
28this state by filing certified copies of the order and letters of office
29and of any bond, and proof of notice as required herein, together
30with a cover sheet approved by the Judicial Council, in the superior
31court of any appropriate county of this state.

32(b) At least 15 days before registering a conservatorship in this
33state, the conservator shall provide notice of an intent to register
34to all of the following:

35(1) The court supervising the conservatorship.

36(2) Every person who would be entitled to notice of a petition
37for the appointment of a conservator in the state where the
38conservatorship is being supervised.

39(3) Every person who would be entitled to notice of a petition
40for the appointment of a conservator in this state.

P32   1(c) Each notice provided pursuant to subdivision (b) shall
2prominently state that when a conservator acts pursuant to
3registration, the conservator is subject to the law of this state
4governing the action, including, but not limited to, all applicable
5 procedures, and is not authorized to take any action prohibited by
6the law of this state. Except as provided in subdivision (c) of
7Section 2023, each notice shall also prominently state that the
8registration is effective only while the conservatee resides in
9another jurisdiction and does not authorize the conservator to take
10any action while the conservatee is residing in this state.

11

2014.  

(a) Upon registration of a conservatorship order from
12another state, the conservator may, while the conservatee resides
13out of this state, exercise in any county of this state all powers
14authorized in the order of appointment except as prohibited under
15the laws of this state, including maintaining actions and
16proceedings in this state and, if the conservator is not a resident
17of this state, subject to any conditions imposed upon nonresident
18parties. When acting pursuant to registration, the conservator is
19subject to the law of this state governing the action, including, but
20not limited to, all applicable procedures, and is not authorized to
21take any action prohibited by the law of this state. If a law of this
22state, including, but not limited to, Section 2352, 2352.5, 2355,
232356.5, 2540, 2543, 2545, or 2591.5, or Article 2 (commencing
24with Section 1880) of Chapter 4 of Part 4, mandates compliance
25with special requirements to exercise a particular conservatorship
26power or take a particular step, the conservator of a registered
27conservatorship may not exercise that power or take that step
28without first complying with those special requirements.

29(b) When subdivision (a) requires a conservator to comply with
30a law of this state that makes it necessary to obtain court approval
31or take other action in court, the conservator shall seek that
32approval or proceed as needed in an appropriate court of this state.
33In handling the matter, that court shall communicate and cooperate
34with the court that is supervising the conservatorship, in accordance
35with Sections 1984 and 1985.

36(c) Subdivision (a) applies only when the conservatee resides
37out of this state. When the conservatee resides in this state, a
38conservator may not exercise any powers pursuant to a registration
39under this article.

P33   1(d) A court of this state may grant any relief available under
2this chapter and other law of this state to enforce a registered order.

3

2015.  

(a) A third person who acts in good faith reliance on a
4conservatorship order registered under this article is not liable to
5any person for so acting if all of the following requirements are
6satisfied:

7(1) The conservator presents to the third person a file-stamped
8copy of the registration documents required by Section 2011, 2012,
9or 2013, including, but not limited to, the certified copy of the
10conservatorship order.

11(2) Each of the registration documents, including, but not limited
12to, the conservatorship order and the file-stamped cover sheet,
13appears on its face to be valid.

14(3) The conservator presents to the third person a form approved
15by the Judicial Council, in which the conservator attests that the
16conservatee does not reside in this state and the conservator
17promises to promptly notify the third person if the conservatee
18becomes a resident of this state. The form shall also prominently
19state that the registration is effective only while the conservatee
20resides in another jurisdiction and does not authorize the
21conservator to take any action while the conservatee is residing in
22this state.

23(4) The third person has not received any actual notice that the
24conservatee is residing in this state.

25(b) Nothing in this section is intended to create an implication
26that a third person is liable for acting in reliance on a
27conservatorship order registered under this article under
28circumstances where the requirements of subdivision (a) are not
29satisfied. Nothing in this section affects any immunity that may
30otherwise exist apart from this section.

31

2016.  

(a) A file-stamped copy of the registration documents
32required by Section 2011, 2012, or 2013 may be recorded in the
33office of any county recorder in this state.

34(b) A county recorder may charge a reasonable fee for
35recordation under subdivision (a).

36

2017.  

Notwithstanding any other provision of this article:

37(a) A conservatorship order of a court of a California tribe can
38be registered under Section 2011, 2012, or 2013, regardless of
39whether the conservatee resides in California.

P34   1(b) The effect of a conservatorship order of a court of a
2California tribe that is registered under Section 2011, 2012, or
32013 is not contingent on whether the conservatee resides in
4California.

5(c) Paragraphs (3) and (4) of subdivision (a) of Section 2015
6do not apply to a conservatorship order of a court of a California
7tribe.

8 

9Article 5.  Miscellaneous Provisions
10

 

11

2021.  

In applying and construing this uniform act, consideration
12shall be given to the need to promote uniformity of the law with
13respect to its subject matter among states that enact it, consistent
14with the need to protect individual civil rights and in accordance
15with due process.

16

2022.  

This chapter modifies, limits, and supersedes the federal
17Electronic Signatures in Global and National Commerce Act (Title
1815 (commencing with Section 7001) of the United States Code),
19but does not modify, limit, or supersede subdivision (c) of Section
20101 of that act, which is codified as subdivision (c) of Section
217001 of Title 15 of the United States Code, or authorize electronic
22delivery of any of the notices described in subdivision (b) of
23Section 103 of that act, which is codified as subdivision (b) of
24Section 7003 of Title 15 of the United States Code.

25

2023.  

(a) On or before January 1, 2016, the Judicial Council
26shall develop court rules and forms as necessary for the
27implementation of this chapter.

28(b) The materials developed pursuant to this section shall
29include, but not be limited to,begin delete bothend deletebegin insert allend insert of the following:

30(1) A cover sheet for registration of a conservatorship under
31Section 2011, 2012, or 2013. The cover sheet shall explain that a
32proceeding may not be registered under Section 2011, 2012, or
332013 if the proceeding relates to a minor. The cover sheet shall
34further explain that a proceeding in which a person is subjected to
35involuntary mental health care may not be registered under Section
362011, 2012, or 2013. The cover sheet shall require the conservator
37to initial each of these explanations. The cover sheet shall also
38prominently state that when a conservator acts pursuant to
39registration, the conservator is subject to the law of this state
40governing the action, including, but not limited to, all applicable
P35   1procedures, and is not authorized to take any action prohibited by
2the law of this state. Except as provided in subdivision (c), the
3cover sheet shall also prominently state that the registration is
4effective only while the conservatee resides in another jurisdiction
5and does not authorize the conservator to take any action while
6the conservatee is residing in this state. Directly beneath these
7statements, the cover sheet shall include a signature box in which
8the conservator attests to these matters.

9(2) The form required by paragraph (3) of subdivision (a) of
10Section 2015. If the Judicial Council deems it advisable, this form
11may be included in the civil cover sheet developed under paragraph
12(1).

13(3) A form for providing notice of intent to register a proceeding
14under Section 2011, 2012, or 2013.

15(c) The materials prepared pursuant to this section shall be
16consistent with Section 2017.

17

2024.  

(a) This chapter applies to conservatorship proceedings
18begun on or after January 1, 2016.

19(b) Articles 1, 3, and 4 and Sections 2021 and 2022 apply to
20proceedings begun before January 1, 2016, regardless of whether
21a conservatorship order has been issued.

22 

23Article 6.  Federally Recognized Indian Tribe
24

 

25

2031.  

For the purposes of this chapter:

26(a) “California tribe” means an Indian tribe with jurisdiction
27that has tribal land located in California.

28(b) “Indian tribe with jurisdiction” means a federally recognized
29Indian tribe that has a court system that exercises jurisdiction over
30proceedings that are substantially equivalent to conservatorship
31proceedings.

32(c) “Tribal land” means land that is, with respect to a specific
33Indian tribe and the members of that tribe, “Indian country” as
34defined in Section 1151 of Title 18 of the United States Code.

35

2032.  

Article 2 (commencing with Section 1991) does not
36apply to a proposed conservatee who is a member of an Indian
37tribe with jurisdiction.

38

2033.  

(a) If a petition for the appointment of a conservator has
39been filed in a court of this state and a conservator has not yet been
40appointed, any person entitled to notice of a hearing on the petition
P36   1may move to dismiss the petition on the grounds that the proposed
2conservatee is a member of an Indian tribe with jurisdiction. The
3petition shall state the name of the Indian tribe.

4(b) If, after communicating with the named tribe, the court of
5this state finds that the proposed conservatee is a member of an
6Indian tribe with jurisdiction, it may grant the motion to dismiss
7if it finds that there is good cause to do so. If the motion is granted,
8the court may impose any condition the court considers just and
9proper, including the condition that a petition for the appointment
10of a conservator be filed promptly in the tribal court.

11(c) In determining whether there is good cause to grant the
12motion, the court may consider all relevant factors, including, but
13not limited to, the following:

14(1) Any expressed preference of the proposed conservatee.

15(2) Whether abuse, neglect, or exploitation of the proposed
16conservatee has occurred or is likely to occur and which state could
17best protect the proposed conservatee from the abuse, neglect, or
18exploitation.

19(3) The length of time the proposed conservatee was physically
20present in or was a legal resident of this or another state.

21(4) The location of the proposed conservatee’s family, friends,
22 and other persons required to be notified of the conservatorship
23proceeding.

24(5) The distance of the proposed conservatee from the court in
25each state.

26(6) The financial circumstances of the estate of the proposed
27conservatee.

28(7) The nature and location of the evidence.

29(8) The ability of the court in each state to decide the issue
30expeditiously and the procedures necessary to present evidence.

31(9) The familiarity of the court of each state with the facts and
32issues in the proceeding.

33(10) If an appointment were made, the court’s ability to monitor
34the conduct of the conservator.

35(11) The timing of the motion, taking into account the parties’
36and court’s expenditure of time and resources.

37(d) Notwithstanding subdivision (b), the court shall not dismiss
38the petition if the tribal court expressly declines to exercise its
39jurisdiction with regard to the proposed conservatee.

40

SEC. 21.  

Section 2107 of the Probate Code is amended to read:

P37   1

2107.  

(a) Unless limited by court order, when a court of this
2state appoints a guardian or conservator of the person of a
3nonresident, the appointee has the same powers and duties as a
4guardian or conservator of the person of a resident while the
5nonresident is in this state.

6(b) When a court of this state appoints a guardian or conservator
7of the estate of a nonresident, the appointee has, with respect to
8the property of the nonresident within this state, the same powers
9and duties as a guardian or conservator of the estate of a resident.
10The responsibility of such a guardian or conservator with regard
11to inventory, accounting, and disposal of the estate is confined to
12the property that comes into the hands of the guardian or
13 conservator in this state.

14

SEC. 22.  

Section 2200 of the Probate Code is amended to read:

15

2200.  

(a) The superior court has jurisdiction of guardianship
16and conservatorship proceedings.

17(b) Chapter 8 (commencing with Section 1980) of Part 3 governs
18which state has jurisdiction of a conservatorship proceeding.

19

SEC. 23.  

Section 2300 of the Probate Code is amended to read:

20

2300.  

Before the appointment of a guardian or conservator is
21effective, including, but not limited to, the appointment of a
22conservator under Section 2002, the guardian or conservator shall:

23(a) Take an oath to perform the duties of the office according
24to law. The oath obligates the guardian or conservator to comply
25with the law of this state, as well as other applicable law, at all
26times, in any location within or without the state. If the conservator
27petitions for transfer of the conservatorship to another state
28pursuant to Section 2001, the conservator shall continue to comply
29with the law of this state until the court issues a final order
30confirming the transfer and terminating the conservatorship
31pursuant to Section 2001. The oath shall be attached to or endorsed
32upon the letters.

33(b) File the required bond if a bond is required.

34

SEC. 24.  

Section 2352 of the Probate Code is amended to read:

35

2352.  

(a) The guardian may establish the residence of the ward
36at any place within this state without the permission of the court.
37The guardian shall select the least restrictive appropriate residence
38that is available and necessary to meet the needs of the ward, and
39that is in the best interests of the ward.

P38   1(b) The conservator may establish the residence of the
2conservatee at any place within this state without the permission
3of the court. The conservator shall select the least restrictive
4appropriate residence, as described in Section 2352.5, that is
5available and necessary to meet the needs of the conservatee, and
6that is in the best interests of the conservatee.

7(c) If permission of the court is first obtained, a guardian or
8conservator may establish the residence of a ward or conservatee
9at a place not within this state. Notice of the hearing on the petition
10to establish the residence of the ward or conservatee out of state,
11together with a copy of the petition, shall be given in the manner
12required by subdivision (a) of Section 1460 to all persons entitled
13to notice under subdivision (b) of Section 1511 or subdivision (b)
14of Section 1822.

15(d) (1) An order under subdivision (c) relating to a ward shall
16require the guardian either to return the ward to this state, or to
17cause a guardianship proceeding or its equivalent to be commenced
18in the place of the new residence, when the ward has resided in
19the place of new residence for a period of four months or a longer
20or shorter period specified in the order.

21(2) An order under subdivision (c) relating to a conservatee
22shall require the conservator to do one of the following when the
23conservatee has resided in the other state for a period of four
24months or a longer or shorter period specified in the order:

25(A) Return the conservatee to this state.

26(B) Petition for transfer of the conservatorship to the other state
27under Article 3 (commencing with Section 2001) of Chapter 8 of
28Part 3 and corresponding law of the other state.

29(C) Cause a conservatorship proceeding or its equivalent to be
30commenced in the other state.

31(e) (1) The guardian or conservator shall file a notice of change
32of residence with the court within 30 days of the date of the change.
33The guardian or conservator shall include in the notice of change
34of residence a declaration stating that the ward’s or conservatee’s
35change of residence is consistent with the standard described in
36subdivision (b).

37(2) The guardian or conservator shall mail a copy of the notice
38to all persons entitled to notice under subdivision (b) of Section
391511 or subdivision (b) of Section 1822 and shall file proof of
40service of the notice with the court. The court may, for good cause,
P39   1waive the mailing requirement pursuant to this paragraph in order
2to prevent harm to the conservatee or ward.

3(3) If the guardian or conservator proposes to remove the ward
4or conservatee from his or her personal residence, except as
5provided by subdivision (c), the guardian or conservator shall mail
6a notice of his or her intention to change the residence of the ward
7or conservatee to all persons entitled to notice under subdivision
8(b) of Section 1511 and subdivision (b) of Section 1822. In the
9absence of an emergency, that notice shall be mailed at least 15
10days before the proposed removal of the ward or conservatee from
11his or her personal residence. If the notice is served less than 15
12days prior to the proposed removal of the ward or conservatee, the
13guardian orbegin delete conservateeend deletebegin insert conservatorend insert shall set forth the basis for
14the emergency in the notice. The guardian or conservator shall file
15proof of service of that notice with the court.

16(f) This section does not apply where the court has made an
17order under Section 2351 pursuant to which the conservatee retains
18the right to establish his or her own residence.

19(g) As used in this section, “guardian” or “conservator” includes
20a proposed guardian or proposed conservator and “ward” or
21“conservatee” includes a proposed ward or proposed conservatee.

22(h) This section does not apply to a person with developmental
23disabilities for whom the Director of Developmental Services or
24a regional center, established pursuant to Chapter 5 (commencing
25with Section 4620) of Division 4.5 of the Welfare and Institutions
26Code, acts as the conservator.

27

SEC. 25.  

Section 2505 of the Probate Code is amended to read:

28

2505.  

(a) Subject to subdivision (c), where the claim or matter
29is the subject of a pending action or proceeding, the court approval
30required by this article shall be obtained from the court in which
31the action or proceeding is pending.

32(b) Where the claim or matter is not the subject of a pending
33action or proceeding, the court approval required by this article
34shall be obtained from one of the following:

35(1) The court in which the guardianship or conservatorship
36proceeding is pending.

37(2) The superior court of the county where the ward or
38conservatee or guardian or conservator resides at the time the
39 petition for approval is filed.

P40   1(3) The superior court of any county where a suit on the claim
2or matter properly could be brought.

3(c) Where the claim or matter is the subject of a pending action
4or proceeding that is not brought in a court of this state, court
5approval required by this article shall be obtained from either of
6the following:

7(1) The court in which the action or proceeding is pending.

8(2) The court in which the guardianship or conservatorship
9proceeding is pending.

10(d) (1) Subdivisions (a), (b), and (c) do not apply to a
11conservatorship that is registered in this state pursuant to Article
124 (commencing with Section 2011) of Chapter 8 of Part 3.

13(2) Except as provided in paragraph (3), when a conservatorship
14is registered in this state pursuant to Article 4 (commencing with
15Section 2011) of Chapter 8 of Part 3, the court approval required
16by this article shall be obtained in accordance with Section 2014.

17(3) Notwithstanding Section 2014, when a conservatorship is
18registered in this state pursuant to Article 4 (commencing with
19Section 2011) of Chapter 8 of Part 3, and the claim or matter in
20question is the subject of a pending action or proceeding that is
21not brought in a court of this state, the court approval required by
22this article may be obtained from the court in which the action or
23proceeding is pending.

24

SEC. 26.  

Section 2650 of the Probate Code is amended to read:

25

2650.  

A guardian or conservator may be removed for any of
26the following causes:

27(a) Failure to use ordinary care and diligence in the management
28of the estate.

29(b) Failure to file an inventory or an account within the time
30allowed by law or by court order.

31(c) Continued failure to perform duties or incapacity to perform
32duties suitably.

33(d) Conviction of a felony, whether before or after appointment
34as guardian or conservator.

35(e) Gross immorality.

36(f) Having such an interest adverse to the faithful performance
37of duties that there is an unreasonable risk that the guardian or
38conservator will fail faithfully to perform duties.

39(g) In the case of a guardian of the person or a conservator of
40the person, acting in violation of any provision of Section 2356.

P41   1(h) In the case of a guardian of the estate or a conservator of
2the estate, insolvency or bankruptcy of the guardian or conservator.

3(i) In the case of a conservator appointed by a court in another
4jurisdiction, removal because that person would not have been
5appointed in this state despite being eligible to serve under the law
6of this state.

7(j) In any other case in which the court in its discretion
8determines that removal is in the best interests of the ward or
9conservatee; but, in considering the best interests of the ward, if
10the guardian was nominated under Section 1500 or 1501, the court
11shall take that fact into consideration.

12

SEC. 27.  

Section 3800 of the Probate Code is amended to read:

13

3800.  

(a) If a nonresident has a duly appointed, qualified, and
14acting guardian, conservator, committee, or comparable fiduciary
15in the place of residence and if no proceeding for guardianship or
16conservatorship of the nonresident is pending or contemplated in
17this state, the nonresident fiduciary may petition to have property
18owned by the nonresident removed to the place of residence.

19(b) The petition for removal of property of the nonresident shall
20be filed in the superior court of the county in which the nonresident
21is or has been temporarily present or in which the property of the
22nonresident, or the principal part thereof, is located.

23(c) If a conservatorship was transferred from this state to another
24state pursuant to Article 3 (commencing with Section 2001) of
25Chapter 8 of Part 3, the foreign conservator may remove the
26conservatee’s personal property from this state without seeking a
27petition under this chapter.

28begin insert

begin insertSEC. 28.end insert  

end insert
begin insert

The provisions of this act are severable. If any
29provision of this act or its application is held invalid, that invalidity
30shall not affect other provisions or applications that can be given
31effect without the invalid provision or application.

end insert
32

begin deleteSEC. 28.end delete
33begin insertSEC. 29.end insert  

(a) Section 2023 of the Probate Code, as added by
34this act, becomes operative on January 1, 2015.

35(b) The remainder of this act becomes operative on January 1,
362016.



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