BILL NUMBER: AB 314	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Waldron

                        FEBRUARY 12, 2015

   An act to amend Section 1813 of the Probate Code, relating to
conservatorship.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 314, as introduced, Waldron. Conservatorship.
   Existing law prohibits the spouse of a proposed conservatee from
petitioning for the appointment of a conservator for a spouse or from
being appointed as conservator of a person or estate of the proposed
conservatee unless the petitioner alleges in the petition for
appointment as conservator, and the court finds, that the spouse is
not a party to an action or proceeding against the proposed
conservatee for legal separation of the parties, dissolution of
marriage, or adjudication of nullity of their marriage.
   This bill would make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1813 of the Probate Code is amended to read:
   1813.  (a) (1) The spouse of a proposed conservatee  may
  shall  not petition for the appointment of a
conservator for a spouse or be appointed as conservator of the person
or estate of the proposed conservatee unless the petitioner alleges
in the petition for appointment as conservator, and the court finds,
that the spouse is not a party to  any   an
 action or proceeding against the proposed conservatee for legal
separation of the parties, dissolution of marriage, or adjudication
of nullity of their marriage. However, if the court finds by clear
and convincing evidence that the appointment of the spouse, who is a
party to an action or proceeding against the proposed conservatee for
legal separation of the parties, dissolution of marriage, or
adjudication of nullity of their marriage, or has obtained a judgment
in any of these proceedings, is in the best interests of the
proposed conservatee, the court may appoint the spouse.
   (2) Prior to making this appointment, the court shall appoint
counsel to consult with and advise the conservatee, and to report to
the court his or her findings concerning the suitability of
appointing the spouse as conservator.
   (b) The spouse of a conservatee shall disclose to the conservator,
or if the spouse is the conservator, shall disclose to the court,
the filing of  any   an  action or
proceeding against the conservatee for legal separation of the
parties, dissolution of marriage, or adjudication of nullity of the
marriage, within 10 days of the filing of the action or proceeding by
filing a notice with the court and serving the notice according to
the notice procedures under this title.  The court may, upon
receipt of the notice,   Upon receipt of the notice, the
court may  set the matter for hearing on an order to show cause
why the appointment of the spouse as conservator, if the spouse is
the conservator, should not be terminated and a new conservator
appointed by the court.