Senate Bill No. 589

Introduced by Senator Block

February 26, 2015

An act to amend Section 1826 of the Probate Code, relating to conservatorships.

LEGISLATIVE COUNSEL’S DIGEST

SB 589, as introduced, Block. Conservatorships.

Existing law regulates the terms and conditions of conservatorships and requires a court investigator, among other things, to determine whether the proposed conservatee is not capable of completing an affidavit of voter registration, as specified, and may be disqualified from voting.

This bill would further specify that the court investigator is required to determine whether the proposed conservatee is not capable of completing an affidavit of voter registration with or without appropriate assistance.

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 1826 of the Probate Code is amended to
read:

1826.  

Regardless of whether the proposed conservatee attends
the hearing, the court investigator shall do all of the following:

(a) Conduct the following interviews:

(1) The proposed conservatee personally.

(2) All petitioners and all proposed conservators who are not
petitioners.

(3) The proposed conservatee’s spouse or registered domestic
partner and relatives within the first degree. If the proposed
conservatee does not have a spouse, registered domestic partner,
or relatives within the first degree, to the greatest extent possible,
the proposed conservatee’s relatives within the second degree.

(4) To the greatest extent practical and taking into account the
proposed conservatee’s wishes, the proposed conservatee’s relatives
within the second degree not required to be interviewed under
paragraph (3), neighbors, and, if known, close friends.

(b) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the proceeding, and
of the right of the proposed conservatee to oppose the proceeding,
to attend the hearing, to have the matter of the establishment of
the conservatorship tried by jury, to be represented by legal counsel
if the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.

(c) Determine whether it appears that the proposed conservatee
is unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.

(d) Review the allegations of the petition as to why the
appointment of the conservator is required and, in making his or
her determination, do the following:

(1) Refer to the supplemental information form submitted by
the petitioner and consider the facts set forth in the form that
address each of the categories specified in paragraphs (1) to (5),
inclusive, of subdivision (a) of Section 1821.

(2) Consider, to the extent practicable, whether he or she
believes the proposed conservatee suffers from any of the mental
function deficits listed in subdivision (a) of Section 811 that
significantly impairs the proposed conservatee’s ability to
understand and appreciate the consequences of his or her actions
in connection with any of the functions described in subdivision
(a) or (b) of Section 1801 and identify the observations that support
that belief.

(e) Determine whether the proposed conservatee wishes to
contest the establishment of the conservatorship.

(f) Determine whether the proposed conservatee objects to the
proposed conservator or prefers another person to act as
conservator.

(g) Determine whether the proposed conservatee wishes to be
represented by legal counsel and, if so, whether the proposed
conservatee has retained legal counsel and, if not, the name of an
attorney the proposed conservatee wishes to retain.

(h) (1) Determine whether the proposed conservatee is not
capable of completing an affidavit of voter registration in
accordance with Section 2150 of the Elections begin delete Code end delete begin insert Code, with
or without appropriate assistance, end insert and may be disqualified from
voting pursuant to Section 2208 of the Elections Code.

(2) The proposed conservatee shall not be disqualified from
voting on the basis that he or she does, or would need to do, any
of the following to complete an affidavit of voter registration:

(A) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.

(B) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.

(C) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.

(i) If the proposed conservatee has not retained legal counsel,
determine whether the proposed conservatee desires the court to
appoint legal counsel.

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

(k) Report to the court in writing, at least five days before the
hearing, concerning all of the foregoing, including the proposed
conservatee’s express communications concerning both of the
following:

(1) Representation by legal counsel.

(2) Whether the proposed conservatee is not willing to attend
the hearing, does not wish to contest the establishment of the
conservatorship, and does not object to the proposed conservator
or prefer that another person act as conservator.

(l) Mail, at least five days before the hearing, a copy of the
report referred to in subdivision (k) to all of the following:

(1) The attorney, if any, for the petitioner.

(2) The attorney, if any, for the proposed conservatee.

(3) The proposed conservatee.

(4) The spouse, registered domestic partner, and relatives within
the first degree of the proposed conservatee who are required to
be named in the petition for appointment of the conservator, unless
the court determines that the mailing will result in harm to the
conservatee.

(5) Any other persons as the court orders.

(m) The court investigator has discretion to release the report
required by this section to the public conservator, interested public
agencies, and the long-term care ombudsman.

(n) The report required by this section is confidential and shall
be made available only to parties, persons described in subdivision
(l), persons given notice of the petition who have requested this
report or who have appeared in the proceedings, their attorneys,
and the court. The court has discretion at any other time to release
the report, if it would serve the interests of the conservatee. The
clerk of the court shall provide for the limitation of the report
exclusively to persons entitled to its receipt.

(o) This section does not apply to a proposed conservatee who
has personally executed the petition for conservatorship, or one
who has nominated his or her own conservator, if he or she attends
the hearing.

(p) If the court investigator has performed an investigation
within the preceding six months and furnished a report thereon to
the court, the court may order, upon good cause shown, that another
investigation is not necessary or that a more limited investigation
may be performed.

(q) Any investigation by the court investigator related to a
temporary conservatorship also may be a part of the investigation
for the general petition for conservatorship, but the court
investigator shall make a second visit to the proposed conservatee
and the report required by this section shall include the effect of
the temporary conservatorship on the proposed conservatee.

(r) The Judicial Council shall, on or before January 1, 2009,
adopt rules of court and Judicial Council forms as necessary to
implement an expedited procedure to authorize, by court order, a
proposed conservatee’s health care provider to disclose confidential
medical information about the proposed conservatee to a court
investigator pursuant to federal medical information privacy
regulations promulgated under the Health Insurance Portability
and Accountability Act of 1996.

(s) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by
Chapter 493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.