Senate BillNo. 1452


Introduced by Senator Wieckowski

February 19, 2016


An act to amend Section 2351 of the Probate Code, relating to protective proceedings.

LEGISLATIVE COUNSEL’S DIGEST

SB 1452, as introduced, Wieckowski. Conservators.

Existing law requires a conservator of the person to be responsible for the care, custody, control, and education of a conservatee, except if the court, in its discretion, limits the powers and duties of the conservator. Existing law also provides that the conservator’s control of the conservatee does not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by court order. Existing law authorizes the court to issue an order that specifically grants the conservator the power to enforce the conservatee’s rights to receive visitors, telephone calls, and personal mail or that directs the conservator to allow those visitors, calls, and mail.

This bill would add the right to receive electronic mail to a conservatee’s personal rights for purposes of these provisions. This bill would delete an obsolete reference.

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

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

P1    1

SECTION 1.  

Section 2351 of the Probate Code is amended to
2read:

P2    1

2351.  

(a) Subject to subdivision (b), the guardian or
2conservator, but not a limited conservator, has the care, custody,
3and control of, and has charge of the education of, the ward or
4conservatee. This control shall not extend to personal rights
5retained by the conservatee, including, but not limited to, the right
6to receive visitors, telephone calls, and personal mail, unless
7specifically limited by court order. The court may issue an order
8that specifically grants the conservator the power to enforce the
9conservatee’s rights to receive visitors, telephone calls,begin insert electronic
10mail,end insert
and personal mail, or that directs the conservator to allow
11those visitors, telephone calls,begin insert electronic mail,end insert and personal mail.

12(b) Where the court determines that it is appropriate in the
13circumstances of the particular conservatee, the court, in its
14discretion, may limit the powers and duties that the conservator
15would otherwise have under subdivision (a) by an order stating
16either of the following:

17(1) The specific powers that the conservator does not have with
18respect to the conservatee’s person and reserving the powers so
19specified to the conservatee.

20(2) The specific powers and duties the conservator has with
21respect to the conservatee’s person and reserving to the conservatee
22all other rights with respect to the conservatee’s person that the
23conservator otherwise would havebegin delete underend deletebegin insert pursuant toend insert subdivision
24(a).

25(c) An orderbegin delete underend deletebegin insert pursuant toend insert this section (1) may be included
26in the order appointing a conservator of the person or (2) may be
27made, modified, or revoked upon a petition subsequently filed,
28notice of the hearing on the petition having been given for the
29period and in the manner provided in Chapter 3 (commencing with
30Section 1460) of Part 1.

31(d) The guardian or conservator, in exercising his or her powers,
32may not hire or refer any business to an entity in which he or she
33has a financial interest except upon authorization of the court. Prior
34to authorization from the court, the guardian or conservator shall
35disclose to the court in writing his or her financial interest in the
36entity. For the purposes of this subdivision, “financial interest”
37shall mean (1) an ownership interest in a sole proprietorship, a
38partnership, or a closely held corporation, or (2) an ownership
39interest of greater than 1 percent of the outstanding shares in a
40publicly traded corporation, or (3) being an officer or a director
P3    1of a corporation.begin delete This subdivision shall apply only to conservators
2and guardians required to register with the Statewide Registry
3under Chapter 13 (commencing with Section 2850).end delete



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