SB 1452, as amended, 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 wouldbegin delete deleteend deletebegin insert updateend insert 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:
Section 2351 of the Probate Code is amended to
2read:
(a) Subject to subdivision (b), the guardian or
4conservator, but not a limited conservator, has the care, custody,
5and control of, and has charge of the education of, the ward or
6conservatee. This control shall not extend to personal rights
7retained by the conservatee, including, but not limited to, the right
8to receive visitors, telephone calls,begin insert electronic mail,end insert and personal
9mail, unless specifically limited by court order. The court may
10issue an order that specifically grants the conservator the power
11to enforce the conservatee’s rights to receive visitors, telephone
12calls, electronic mail, and personal mail, or that directs the
13conservator to allow those
visitors, telephone calls, electronic mail,
14and personal mail.
15(b) Where the court determines that it is appropriate in the
16circumstances of the particular conservatee, the court, in its
17discretion, may limit the powers and duties that the conservator
18would otherwise have under subdivision (a) by an order stating
19either of the following:
20(1) The specific powers that the conservator does not have with
21respect to the conservatee’s person and reserving the powers so
22specified to the conservatee.
23(2) The specific powers and duties the conservator has with
24respect to the conservatee’s person and reserving to the conservatee
25all other rights with respect to the conservatee’s person that the
26conservator otherwise would have
pursuant to subdivision (a).
27(c) An order pursuant to this section (1) may be included in the
28order appointing a conservator of the person or (2) may be made,
29modified, or revoked upon a petition subsequently filed, notice of
30the hearing on the petition having been given for the period and
31in the manner provided in Chapter 3 (commencing with Section
321460) of Part 1.
33(d) The guardian or conservator, in exercising his or her powers,
34may not hire or refer any business to an entity in which he or she
35has a financial interest except upon authorization of the court. Prior
36to authorization from the court, the guardian or conservator shall
37disclose to the court in writing his or her financial interest in the
38entity. For the purposes of this subdivision, “financial interest”
P3 1shall
mean (1) an ownership interest in a sole proprietorship, a
2partnership, or a closely held corporation, or (2) an ownership
3interest of greater than 1 percent of the outstanding shares in a
4publicly traded corporation, or (3) being an officer or a director
5of a corporation.begin insert This subdivision shall apply only to those subject
6to the Professional Fiduciaries Act under Chapter 6 (commencing
7with Section 6500) of Division 3 of the Business and Professions
8Code.end insert
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