SB 982, as introduced, McGuire. Developmentally disabled persons: conservatorships and guardianships.
Existing law authorizes the Director of Developmental Services, upon nomination and acceptance, to be appointed as either guardian or conservator of the person or estate, or both, of a developmentally disabled person. Existing law provides that the director may petition for his appointment to act as conservator or guardian in the superior court of the county where the main administrative office of the regional center serving the developmentally disabled person is located.
Existing law requires the alleged developmentally disabled person to be present at the hearing if he or she is within the state and is able to attend. Existing law provides that if he or she is unable to attend the hearing by reason of physical or other inability, that inability shall be evidenced by the affidavit or certificate of a duly licensed medical practitioner, as specified. Existing law requires that the affidavit or certificate be filed no later than 10 days prior to the time of the hearing.
This bill would instead require the affidavit or certificate described above to be filed no later than 5 days prior to the time of the hearing. The bill would also make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 416.7 of the Health and Safety Code is
2amended to read:
If the alleged developmentally disabled person is within
4the state and is able to attend, hebegin insert or sheend insert shall be present at the
5hearing. If hebegin insert or sheend insert is unable to attend by reason of physical or
6other inability,begin delete suchend deletebegin insert thatend insert inability shall be evidenced by the
7affidavit or certificate of a duly licensed medical practitioner as
8provided in Section 1825 of the Probate Code.begin delete Suchend deletebegin insert
Theend insert affidavit
9or certificate shall be filed no later thanbegin delete 10end deletebegin insert five businessend insert days prior
10to the time of the hearing.
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