BILL NUMBER: SB 75	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Murray

                        DECEMBER 7, 1998

   An act to add Division 2.5 (commencing with Section 297) to the
Family Code, to add Section 1261 to the Health and Safety Code, and
to amend Sections 1460, 1811, 1812, 1820, 1821, 1822, 1829, 1861,
1863, 1871, 1873, 1874, 1891, 1895, 2212, 2213, 2357, 2423, 2430,
2504, 2572, 2580, 2614.5, 2622, 2651, 2653, 2681, 2682, 2687, 2700,
2803, 2805, and 6240 of, and to add Section 37 to, the Probate Code,
relating to human relationships.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 75, as introduced, Murray.  Domestic partnership:
registration, termination, and rights thereof.
   (1) Existing law sets forth the requirements of a valid marriage,
and specifies the rights and obligations of spouses during marriage.

   This bill would enact the Domestic Partnership Act of 1999, which
would define "domestic partners" and provide for the registration of
domestic partnerships with the Secretary of State.  The bill would
also specify procedures for the termination of domestic partnerships.
  The bill would prohibit a person who has filed a Declaration of
Domestic Partnership from filing a new declaration until at least 6
months has elapsed from the date that a Notice of Termination of
Domestic Partnership was filed with the Secretary of State in
connection with the termination of the most recent domestic
partnership, except where the previous domestic partnership ended
because one of the partners died.
   The bill would require the Secretary of State to prepare forms for
the registration and termination of domestic partnerships, and
distribute these forms to each county clerk.  The bill would require
the Secretary of State to establish by regulation and charge fees for
processing these forms.  The bill would require these forms to be
available to the public at the office of the Secretary of State and
each county clerk.  By increasing the duties of the county clerk, the
bill would impose a state-mandated local program.
   This bill would provide that any domestic partnership entered into
outside of this state, which would be valid by the laws of the
jurisdiction under which the partnership was created, shall be valid
in this state.
   This bill would also preempt, on and after January 1, 2000, any
local ordinance or law that provides for the creation of a domestic
partnership, as specified, except that a local jurisdiction may
retain or adopt policies or laws that offer rights to domestic
partners within that jurisdiction that are in addition to the rights
established by state law, as specified.
   (2) Existing law does not specify requirements concerning patient
visitation in all health facilities.
   This bill would require a health facility to allow a patient's
domestic partner and other specified persons to visit a patient,
except under specified conditions.
   (3) Existing law provides for the establishment of
conservatorships.
   This bill would revise and recast these provisions regarding
conservatorships to provide for the participation of a domestic
partner of the conservatee or proposed conservatee in these
proceedings.  The bill would require preference for selection of a
conservator be given to the domestic partner and a person nominated
by the domestic partner.  The bill would require that a petition for
conservatorship set forth the names and addresses of the domestic
partner of the proposed conservatee or the names and addresses of any
children of a predeceased domestic partner.  The bill would require
notice of a conservatorship hearing to be sent to the domestic
partner of the proposed conservatee and would authorize the domestic
partner to appear at the hearing in support or opposition to the
petition.  This bill would make conforming changes.
   (4) Existing law prescribes a statutory will form.
   This bill would revise the statutory will form to, among other
things, provide for the inclusion of a domestic partner among the
beneficiaries to whom the testator may indicate a desire to leave his
or her principal residence, automobiles, household, and personal
effects, or residuary estate.
  (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates which do not exceed $1,000,000
statewide and other procedures for claims whose statewide costs
exceed $1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that this bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to those
statutory procedures and, if the statewide cost does not exceed
$1,000,000, shall be made from the State Mandates Claims Fund.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Division 2.5 (commencing with Section 297) is added to
the Family Code, to read:

      DIVISION 2.5.  THE DOMESTIC PARTNERSHIP ACT OF 1999
      PART 1.  DEFINITIONS

   297.  This division shall be known and may be cited as the
Domestic Partnership Act of 1999.
   297.5.  (a) Domestic partners are two adults who have chosen to
share one another's lives in an intimate and committed relationship
of mutual caring.
   (b) A domestic partnership shall be established when all of the
following requirements are met:
   (1) Both persons have a common residence.
   (2) Both persons agree to be jointly responsible for each other's
basic living expenses during the domestic partnership.
   (3) Neither person is married or a member of another domestic
partnership.
   (4) The two persons are not related by blood in a way which would
prevent them from being married to each other in this state.
   (5) Both persons are at least 18 years of age.
   (6) Both file a Declaration of Domestic Partnership with the
Secretary of State pursuant to this division.
   (c) "Have a common residence" means that two people are
cohabitants.  It is not necessary that the legal right to possess the
common residence be in both of their names.  Two people are
cohabitants even if one or both have additional residences.  Domestic
partners do not cease to be cohabitants if one leaves the common
residence but intends to return.
   (d) "Basic living expenses" means food and shelter.  It also means
any other cost, such as medical care, if some or all of the cost is
paid as a benefit because a person is another person's domestic
partner.
   (e) "Joint responsibility" means that each partner agrees to
provide for the other partner's basic living expenses if the partner
is unable to provide for herself or himself.  Anyone to whom these
expenses are owed can enforce this responsibility.

      PART 2.  REGISTRATION

   298.  (a) The Secretary of State shall prepare forms entitled
"Declaration of Domestic Partnership," and "Notice of Termination of
Domestic Partnership" to meet the requirements of this division.
These forms shall require the signature and seal of an acknowledgment
by a notary public to be binding and valid.
   (b) (1) The Secretary of State shall distribute these forms to
each county clerk.  These forms shall be available to the public at
the office of the Secretary of State and each county clerk.
   (2) The Secretary of State shall, by regulation, establish fees
for the actual costs of processing each of these forms, and shall
charge these fees to persons filing the forms.
   (c) The Declaration of Domestic Partnership shall require each
person who wants to become a domestic partner to (1) state that he or
she meets the requirements of Section 297.5 at the time the form is
signed, (2) provide a mailing address, (3) sign the form under
penalty of perjury, and (4) have a notary public notarize his or her
signature.
   298.5.  (a) Two persons desiring to become domestic partners may
complete and file a Declaration of Domestic Partnership with the
Secretary of State.
   (b) No person who has filed a Declaration of Domestic Partnership
may file a new Declaration of Domestic Partnership until at least six
months after the date that a Notice of Termination of Domestic
Partnership was filed with the Secretary of State pursuant to
subdivision (b) of Section 299 in connection with the termination of
the most recent domestic partnership.  This prohibition shall not
apply if the previous domestic partnership ended because one of the
partners died.

      PART 3.  TERMINATION

   299.  (a) A domestic partnership is terminated when any one of the
following occurs:
   (1) One partner gives or sends to the other partner a written
notice that he or she is terminating the partnership.
   (2) One of the domestic partners dies.
   (3) One of the domestic partners marries.
   (4) The domestic partners no longer have a common residence.
   (b) Upon termination of a domestic partnership, at least one
former partner shall file a Notice of Termination of Domestic
Partnership with the Secretary of State.  The partner who files the
Notice of Termination of Domestic Partnership shall send a copy of
the notice to the last known address of the other partner.
   (c) A former domestic partner who has given a copy of a
Declaration of Domestic Partnership to any third party in order to
qualify for any benefit or right shall, within 60 days of termination
of the domestic partnership, give or send to the third party, at the
last known address of the third party, written notification that the
domestic partnership has been terminated.  A third party who suffers
a loss as a result of failure by the domestic partner to send this
notice shall be entitled to seek recovery from the partner who was
obligated to send it for any actual loss resulting thereby.
   (d) Failure to file the Notice of Termination of Domestic
Partnership required in subdivision (b) or to provide the third party
notice required in subdivision (c) shall not delay or prevent the
termination of the domestic partnership.

      PART 4.  LEGAL EFFECT

   299.5.  (a) The obligations that two people have to each other as
a result of creating a domestic partnership are those described in
Section 297.5.  Registration as a domestic partner under this
division shall not be evidence of, or establish, any rights existing
under law other than those expressly provided to domestic partners in
this division, Section 1261 of the Health and Safety Code, or the
Probate Code relating to bequests, conservatorships, health facility
visitation rights, and support for basic living expenses.
   The provisions relating to domestic partners provided in this
division, Section 1261 of the Health and Safety Code, and the Probate
Code shall not diminish any right under any other provision of law.

   (b) Upon the termination of a domestic partnership, the partners,
from that time forward, shall incur none of the obligations to each
other as domestic partners that are created by this division, Section
1261 of the Health and Safety Code, or the Probate Code relating to
domestic partners.
   (c) Any domestic partnership entered into outside of this state,
which would be valid by the laws of the jurisdiction under which the
partnership was created, shall be valid in this state.

      PART 5.  PREEMPTION

   299.6.  (a) Any local ordinance or law that provides for the
creation of a "domestic partnership" shall be preempted on and after
January 1, 2000, except as provided in subdivision (c).
   (b) Domestic partnerships created under any local domestic
partnership ordinance or law before January 1, 2000, shall remain
valid.  On and after January 1, 2000, domestic partnerships
previously established under a local ordinance or law shall be
governed by this division and the rights and duties of the partners
shall be those set out in this division, except as provided in
subdivision (c).
   (c) Any local jurisdiction may retain or adopt ordinances,
policies, or laws that offer rights within that jurisdiction to
domestic partners that are in addition to the rights set out in this
division, and the local rights may be conditioned upon the agreement
of the domestic partners to assume the additional obligations.
  SEC. 2.  Section 1261 is added to the Health and Safety Code, to
read:
   1261.  (a) A health facility shall allow a patient's domestic
partner, the children of the patient's domestic partner, and the
domestic partner of the patient's parent or child to visit, unless
one of the following is met:
   (1) No visitors are allowed.
   (2) The facility reasonably determines that the presence of a
particular visitor would endanger the health or safety of a patient,
member of the health facility staff, or other visitor to the health
facility, or would significantly disrupt the operations of a
facility.
   (3) The patient has indicated to health facility staff that the
patient does not want this person to visit.
   (b) This section may not be construed to prohibit a health
facility from otherwise establishing reasonable restrictions upon
visitation, including restrictions upon the hours of visitation and
number of visitors.
   (c) As used in this section, "domestic partner" has the meaning
provided in Section 37 of the Probate Code.
  SEC. 3.  Section 37 is added to the Probate Code, to read:
   37.  "Domestic partner" means a person who has filed a
"Declaration of Domestic Partnership" with the Secretary of State
pursuant to Division 2.5 (commencing with Section 297) of the Family
Code as long as that domestic partnership has not been terminated
pursuant to Section 299 of the Family Code.
  SEC. 4.  Section 1460 of the Probate Code is amended to read:
   1460.  (a) Subject to Sections 1202 and 1203, if notice of hearing
is required under this division but the applicable provision does
not fix the manner of giving notice of hearing, the notice of the
time and place of the hearing shall be given at least 15 days before
the day of the hearing as provided in this section.
   (b) Subject to subdivision (e), the petitioner, who includes for
the purposes of this section a person filing a petition, report, or
account, shall cause the notice of hearing to be mailed to each of
the following persons:
   (1) The guardian or conservator.
   (2) The ward or the conservatee.
   (3) The spouse of the ward or conservatee, if the ward or
conservatee has a spouse  , or the domestic partner of the
conservatee, if the conservatee has a domestic partner  .
   (4) Any person who has requested special notice of the matter, as
provided in Section 2700.
   (5) For any hearing on a petition to terminate a guardianship, to
accept the resignation of, or to remove the guardian, the persons
described in subdivision (c) of Section 1510.
   (6) For any hearing on a petition to terminate a conservatorship,
to accept the resignation of, or to remove the conservator, the
persons described in subdivision (b) of Section 1821.
   (c) The clerk of the court shall cause the notice of the hearing
to be posted as provided in Section 1230 if the posting is required
by subdivision (c) of Section 2543 (sales).
   (d) Except as provided in subdivision (e), nothing in this section
excuses compliance with the requirements for notice to a person who
has requested special notice pursuant to Chapter 10 (commencing with
Section 2700) of Part 4.
   (e) The court for good cause may dispense with the notice
otherwise required to be given to a person as provided in this
section.
  SEC. 5.  Section 1811 of the Probate Code is amended to read:
   1811.  (a) The spouse  , domestic partner,  or an adult
child, parent, brother, or sister of the proposed conservatee may
nominate a conservator in the petition or at the hearing on the
petition.
   (b) The spouse  , domestic partner,  or a parent of the
proposed conservatee may nominate a conservator in a writing signed
either before or after the petition is filed and  such
  that  nomination remains effective
notwithstanding the subsequent legal incapacity or death of the
spouse  , domestic partner,  or parent, except that a
nomination by the spouse becomes void upon dissolution or an
adjudication of nullity of their marriage  and a nomination by a
domestic partner becomes void upon termination of the domestic
partnership  .
  SEC. 6.  Section 1812 of the Probate Code is amended to read:
   1812.  (a) Subject to Sections 1810 and 1813, the selection of a
conservator of the person or estate, or both, is solely in the
discretion of the court and, in making the selection, the court is to
be guided by what appears to be for the best interests of the
proposed conservatee.
   (b) Subject to Sections 1810 and 1813, of persons equally
qualified in the opinion of the court to appointment as conservator
of the person or estate or both, preference is to be given in the
following order:
   (1) The spouse  or domestic partner  of the proposed
conservatee or the person nominated by the spouse  or domestic
partner  pursuant to Section 1811.
   (2) An adult child of the proposed conservatee or the person
nominated by the  child pursuant to Section 1811.
   (3) A parent of the proposed conservatee or the person nominated
by the parent pursuant to Section 1811.
   (4) A brother or sister of the proposed conservatee or the person
nominated by the brother or sister pursuant to Section 1811.
   (5) Any other person or entity eligible for appointment as a
conservator under this code or, if there is no such person or entity
willing to act as a conservator, under the Welfare and Institutions
Code.
   (c) The preference for any nominee for appointment under
paragraphs (2), (3), and (4) of subdivision (b) is subordinate to the
preference for any other parent, child, brother, or sister in
 such   that  class.
  SEC. 7.  Section 1820 of the Probate Code is amended to read:
   1820.  (a) A petition for the appointment of a conservator may be
filed by any of the following:
   (1) The proposed conservatee.
   (2) The spouse  or domestic partner  of the proposed
conservatee.
   (3) A relative of the proposed conservatee.
   (4) Any interested state or local entity or agency of this state
or any interested public officer or employee of this state or of a
local public entity of this state.
   (5) Any other interested person or friend of the proposed
conservatee.
   (b) If the proposed conservatee is a minor, the petition may be
filed during his or her minority so that the appointment of a
conservator may be made effective immediately upon the minor's
attaining the age of majority.  An existing guardian of the minor may
be appointed as conservator under this part upon the minor's
attaining the age of majority, whether or not the guardian's accounts
have been settled.
   (c) A creditor of the proposed conservatee may not file a petition
for appointment of a conservator unless the creditor is a person
described in paragraph (2), (3), or (4) of subdivision (a).
  SEC. 8.  Section 1821 of the Probate Code is amended to read:
   1821.  (a) The petition shall request that a conservator be
appointed for the person or estate, or both, shall specify the name,
address, and telephone number of the proposed conservator and the
name, address, and telephone number of the proposed conservatee, and
state the reasons why a conservatorship is necessary.  Unless the
petitioner is a bank or other entity authorized to conduct the
business of a trust company, the petitioner shall also file
supplemental information as to why the appointment of a conservator
is required.  The supplemental information to be submitted shall
include a brief statement of facts addressed to each of the following
categories:
   (1) The inability of the proposed conservatee to properly provide
for his or her needs for physical health, food, clothing, and
shelter.
   (2) The location of the proposed conservatee's residence and the
ability of the proposed conservatee to live in the residence while
under conservatorship.
   (3) Alternatives to conservatorship considered by the petitioner
and reasons why those alternatives are not available.
   (4) Health or social services provided to the proposed conservatee
during the year preceding the filing of the petition, when the
petitioner has information as to those services.
   (5) The inability of the proposed conservatee to substantially
manage his or her own financial resources, or to resist fraud or
undue influence.
   The facts required to address the categories set forth in
paragraphs (1) to (5), inclusive, shall be set forth by the
petitioner when he or she has knowledge of the facts or by the
declarations or affidavits of other persons having knowledge of those
facts.
   Where any of the categories set forth in paragraphs (1) to (5),
inclusive, are not applicable to the proposed conservatorship, the
petitioner shall so indicate and state on the supplemental
information form the reasons therefor.
   The Judicial Council shall develop a supplemental information form
for the information required pursuant to paragraphs (1) to (5),
inclusive, after consultation with individuals or organizations
approved by the Judicial Council, who represent public conservators,
court investigators, the State Bar, specialists with experience in
performing assessments and coordinating community-based services, and
legal services for the elderly and disabled.
   The supplemental information form shall be separate and distinct
from the form for the petition.  The  supplemental information shall
be confidential and shall be made available only to parties, persons
given notice of the petition who have requested this supplemental
information or who have appeared in the proceedings, their attorneys,
and the court.  The court shall have discretion at any other time to
release the supplemental information to other persons if it would
serve the interests of the conservatee.  The county clerk shall make
provision for limiting disclosure of the supplemental information
exclusively to persons entitled thereto under this section.
   (b) The petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the spouse  or domestic
partner,  and of the relatives of the proposed conservatee
within the second degree.  If no spouse  or domestic partner
 of the proposed conservatee, or relatives of the proposed
conservatee within the second degree are known to the petitioner, the
petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the following persons who, for
the purposes of Section 1822, shall all be deemed to be relatives:
   (1) A spouse  or domestic partner  of a predeceased
parent of a proposed conservatee.
   (2) The children of a predeceased spouse  or domestic partner
 of a proposed conservatee.
   (3) The siblings of the proposed conservatee's parents, if any,
but if none, then the natural and adoptive children of the proposed
conservatee's parents' siblings.
   (4) The natural and adoptive children of the proposed conservatee'
s siblings.
   (c) If the petition is filed by a person other than the proposed
conservatee, the petition shall state whether or not the petitioner
is a creditor or debtor, or the agent of a creditor or debtor, of the
proposed conservatee.
   (d) If the proposed conservatee is a patient in or on leave of
absence from a state institution under the jurisdiction of the State
Department of Mental Health or the State Department of Developmental
Services and that fact is known to the petitioner, the petition shall
state that fact and name the institution.
   (e) The petition shall state, so far as is known to the
petitioner, whether or not the proposed conservatee is receiving or
is entitled to receive benefits from the Veterans Administration and
the estimated amount of the monthly benefit payable by the Veterans
Administration for the proposed conservatee.
   (f) The petition may include an application for any order or
orders authorized under this division, including, but not limited to,
orders under Chapter 4 (commencing with Section 1870).
   (g) The petition may include a further statement that the proposed
conservatee is not willing to attend the hearing on the petition,
does not wish to contest  he   the 
establishment of the conservatorship, and does not object to the
proposed conservator or prefer that another person act as
conservator.
   (h) In the case of an allegedly developmentally disabled adult the
petition shall set forth the following:
   (1) The nature and degree of the alleged disability, the specific
duties and powers requested by or for the limited conservator, and
the limitations of civil and legal rights requested to be included in
the court's order of appointment.
   (2) Whether or not the proposed limited conservatee is or is
alleged to be developmentally disabled.
   Reports submitted pursuant to Section 416.8 of the Health and
Safety Code meet the requirements of this section, and
conservatorships filed pursuant to Article 7.5 (commencing with
Section 416) of Part 1 of Division 1 of the Health and Safety Code
are exempt from providing the supplemental information required by
this section, so long as the guidelines adopted by the State
Department of Developmental Services for regional centers require the
same information which is required pursuant to this section.
  SEC. 9.  Section 1822 of the Probate Code is amended to read:
   1822.  (a) At least 15 days before the hearing on the petition for
appointment of a conservator, notice of the time and place of the
hearing shall be given as provided in this section.  The notice shall
be accompanied by a copy of the petition.  The court may not shorten
the time for giving the notice of hearing under this section.
   (b) Notice shall be mailed to the following persons:
   (1) The spouse,  if any, or domestic partner,  if any, of
the proposed conservatee at the address stated in the petition.
   (2) The relatives named in the petition at their addresses stated
in the petition.
   (c) If notice is required by Section 1461 to be given to the
Director of Mental Health or the Director of Developmental Services,
notice shall be mailed as so required.
   (d) If the petition states that the proposed conservatee is
receiving or is entitled to receive benefits from the Veterans
Administration, notice shall be mailed to the office of the Veterans
Administration referred to in Section 1461.5.
   (e) If the proposed conservatee is a person with developmental
disabilities, at least 30 days before the day of the hearing on the
petition, the petitioner shall mail a notice of the hearing and a
copy of the petition to the regional center identified in Section
1827.5.
  SEC. 10.  Section 1829 of the Probate Code is amended to read:
   1829.  Any of the following persons may appear at the hearing to
support or oppose the petition:
   (a) The proposed conservatee.
   (b) The spouse  or domestic partner  of the proposed
conservatee.
   (c) A relative of the proposed conservatee.
   (d) Any interested person or friend of the proposed conservatee.

  SEC. 11.  Section 1861 of the Probate Code is amended to read:
   1861.  (a) A petition for the termination of the conservatorship
may be filed by any of the following:
   (1) The conservator.
   (2) The conservatee.
   (3) The spouse  , or domestic partner,  or any 
interested person or  relative or friend of the conservatee
 or other interested person  .
   (b) The petition shall state facts showing that the
conservatorship is no longer required.
  SEC. 12.  Section 1863 of the Probate Code is amended to read:
   1863.  (a) The court shall hear and determine the matter according
to the law and procedure relating to the trial of civil actions,
including trial by jury if demanded.  The conservator, the
conservatee, or the spouse  , or domestic partner,  or any
relative or friend of the conservatee or other interested person may
appear and support or oppose the petition.
   (b) If the court determines that the conservatorship is no longer
required or that grounds for establishment of a conservatorship of
the person or estate, or both, no longer exist, the court shall make
 such a   this  finding and shall enter
judgment terminating the conservatorship accordingly.
   (c) At the hearing, or thereafter on further notice and hearing,
the conservator may be discharged and the bond given by the
conservator may be exonerated upon the settlement and approval of the
conservator's final account by the court.
   (d) Termination of conservatorship does not preclude a new
proceeding for appointment of a conservator on the same or other
grounds.
  SEC. 13.  Section 1871 of the Probate Code is amended to read:
   1871.  Nothing in this article shall be construed to deny a
conservatee any of the following:
   (a) The right to control an allowance provided under Section 2421.

   (b) The right to control wages or salary to the extent provided in
Section 2601.
   (c) The right to make a will.
   (d) The right to enter into transactions to the extent reasonable
to provide the necessaries of life to the conservatee and the spouse
and minor children  of the conservatee and to provide the basic
living expenses, as defined in Section 297.5 of the Family Code, to
the domestic partner  of the conservatee.
  SEC. 14.  Section 1873 of the Probate Code is amended to read:
   1873.  (a) In the order appointing the conservator or upon a
petition filed under Section 1874, the court may by order authorize
the conservatee, subject to Section 1876, to enter into  such
 transactions or types of transactions as may be
appropriate in the circumstances of the particular conservatee and
conservatorship estate.  The court, by order, may modify the legal
capacity a conservatee would otherwise have under Section 1872 by
broadening or restricting the power of the conservatee to enter into
 such  transactions or types of transactions as may
be appropriate in the circumstances of the particular conservatee and
conservatorship estate.
   (b) In an order made under this section, the court may include
 such  limitations or conditions on the exercise of
the authority granted to the conservatee as the court determines to
be appropriate including, but not limited to, the following:
   (1) A requirement that for specific types of transactions or for
all transactions authorized by the order, the conservatee obtain
prior approval of the transaction by the court or conservator before
exercising the authority granted by the order.
   (2) A provision that the conservator has the right to avoid any
transaction made by the conservatee pursuant to the authority of the
order if the transaction is not one into which a reasonably prudent
person might enter.
   (c) The court, in its discretion, may provide in the order that,
unless extended by subsequent order of the court, the order or
specific provisions of the order terminate at a time specified in the
order.
   (d) An order under this section continues in effect until the
earliest of the following times:
   (1) The time specified in the order, if any.
   (2) The time the order is modified or revoked.
   (3) The time the conservatorship of the estate is terminated.
   (e) An order under this section may be modified or revoked upon
petition filed by the conservator, conservatee, the spouse  or
domestic partner  of the conservatee, or any relative or friend
of the conservatee, or any interested person.
                   Notice of the hearing on the petition shall be
given for the period and in the manner provided in Chapter 3
(commencing with Section 1460) of Part 1.
  SEC. 15.  Section 1874 of the Probate Code is amended to read:
   1874.  (a) After a conservator has been appointed, a petition
requesting an order under Section 1873 may be filed by any of the
following:
   (1) The conservator.
   (2) The conservatee.
   (3) The spouse  , domestic partner,  or any relative or
friend of the conservatee.
   (b) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
  SEC. 16.  Section 1891 of the Probate Code is amended to read:
   1891.  (a) A petition may be filed under this article requesting
that the court make an order under Section 1880 or that the court
modify or revoke an order made under Section 1880.  The petition
shall state facts showing that the order requested is appropriate.
   (b) The petition may be filed by any of the following:
   (1) The conservator.
   (2) The conservatee.
   (3) The spouse  , domestic partner,  or any relative or
friend of the conservatee.
   (c) The petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the spouse  or domestic
partner  and of the relatives of the conservatee within the
second degree.
  SEC. 17.  Section 1895 of the Probate Code is amended to read:
   1895.  (a) The conservatee, the spouse  or  
, the domestic partner,  any relative  ,  or  any
 friend of the conservatee, the conservator, or any other
interested person may appear at the hearing to support or oppose the
petition.
   (b) Except where the conservatee is absent from the hearing and is
not required to attend the hearing under the provisions of Section
1893 and any showing required by Section 1893 has been made, the
court shall, prior to granting the petition, inform the conservatee
of all of the following:
   (1) The nature and purpose of the proceeding.
   (2) The nature and effect on the conservatee's basic rights of the
order requested.
   (3) The conservatee has the right to oppose the petition, to be
represented by legal counsel if the conservatee so chooses, and to
have legal counsel appointed by the court if unable to retain legal
counsel.
   (c) After the court informs the conservatee of the matters listed
in subdivision (b) and prior to granting the petition, the court
shall consult the conservatee to determine the conservatee's opinion
concerning the order requested in the petition.
  SEC. 18.  Section 2212 of the Probate Code is amended to read:
   2212.  The petition for transfer may be filed only by one or more
of the following:
   (a) The guardian or conservator.
   (b) The ward or conservatee.
   (c) The spouse of the ward or  the spouse or domestic partner
of the  conservatee.
   (d) A relative or friend of the ward or conservatee.
   (e) Any other interested person.
  SEC. 19.  Section 2213 of the Probate Code is amended to read:
   2213.  The petition for transfer shall set forth all of the
following:
   (a) The county to which the proceeding is to be transferred.
   (b) The name and address of the ward or conservatee.
   (c) A brief description of the character, value, and location of
the property of the ward or conservatee.
   (d) The reasons for the transfer.
   (e) The names and addresses, so far as they are known to the
petitioner, of the spouse and of the relatives of the ward 
within the second degree,  or  of the spouse or domestic
partner and of the relatives of the  conservatee within the
second degree.
   (f) The name and address of the guardian or conservator if other
than the petitioner.
  SEC. 20.  Section 2357 of the Probate Code is amended to read:
   2357.  (a) As used in this section:
   (1) "Guardian or conservator" includes a temporary guardian of the
person or a temporary conservator of the person.
   (2) "Ward or conservatee" includes a person for whom a temporary
guardian of the person or temporary conservator of the person has
been appointed.
   (b) If the ward or conservatee requires medical treatment for an
existing or continuing medical condition which is not authorized to
be performed upon the ward or conservatee under Section 2252, 2353,
2354, or 2355, and the ward or conservatee is unable to give an
informed consent to  such   this  medical
treatment, the guardian or conservator may petition the court under
this section for an order authorizing  such  
the  medical treatment and authorizing the guardian or
conservator to consent on behalf of the ward or conservatee to
 such   the  medical treatment.
   (c) The petition shall state, or set forth by medical affidavit
attached thereto, all of the following so far as is known to the
petitioner at the time the petition is filed:
   (1) The nature of the medical condition of the ward or conservatee
which requires treatment.
   (2) The recommended course of medical treatment which is
considered to be medically appropriate.
   (3) The threat to the health of the ward or conservatee if
authorization to consent to the recommended course of treatment is
delayed or denied by the court.
   (4) The predictable or probable outcome of the recommended course
of treatment.
   (5) The medically available alternatives, if any, to the course of
treatment recommended.
   (6) The efforts made to obtain an informed consent from the ward
or conservatee.
   (d) Upon the filing of the petition, the court shall notify the
attorney of record for the ward or conservatee, if any, or shall
appoint the public defender or private counsel under Section 1471, to
consult with and represent the ward or conservatee at the hearing on
the petition and, if that appointment is made, Section 1472 applies.

   (e) The hearing on the petition may be held pursuant to an order
of the court prescribing the notice to be given of the hearing.  The
order shall specify the period of notice of the hearing and the
period so fixed shall take into account (1) the existing medical
facts and circumstances set forth in the petition or in a medical
affidavit attached to the petition or in a medical affidavit
presented to the court and (2) the desirability, where the condition
of the ward or conservatee permits, of giving adequate notice to all
interested persons.
   (f) A copy of the notice of hearing or of the order prescribing
notice of hearing, and a copy of the petition, shall be personally
served or mailed, as prescribed in the order, on all of the
following:
   (1) The ward or conservatee.
   (2) The attorney of record for the ward or conservatee, if any, or
the attorney appointed by the court to represent the ward or
conservatee at the hearing.
   (3) Such other persons, if any, as the court in its discretion may
require in the order, which may include the spouse of the ward 
, the spouse  or  domestic partner of the  conservatee
 ,  and any known relatives of the ward or conservatee
within the second degree.
   (g) Notwithstanding subdivisions (e) and (f), the matter may be
submitted for the determination of the court upon proper and
sufficient medical affidavits or declarations if the attorney for the
petitioner and the attorney for the ward or conservatee so stipulate
and further stipulate that there remains no issue of fact to be
determined.
   (h) The court may make an order authorizing the recommended course
of medical  treatment of the ward or conservatee and authorizing the
guardian or conservator to consent on behalf of the ward or
conservatee to the recommended course of medical treatment for the
ward or conservatee if the court determines from the evidence all of
the following:
   (1) The existing or continuing medical condition of the ward or
conservatee requires the recommended course of medical treatment.
   (2) If untreated, there is a probability that the condition will
become life-endangering or result in a serious threat to the physical
or mental health of the ward or conservatee.
   (3) The ward or conservatee is unable to give an informed consent
to the recommended course of treatment.
   (i) Upon petition of the ward or conservatee or other interested
person, the court may order that the guardian or conservator obtain
or consent to, or obtain and consent to, specified medical treatment
to be performed upon the ward or conservatee.  Notice of the hearing
on the petition under this subdivision shall be given for the period
and in the manner provided in Chapter 3 (commencing with Section
1460) of Part 1.
  SEC. 21.  Section 2423 of the Probate Code is amended to read:
   2423.  (a) Upon petition of the conservator, the conservatee, the
spouse or domestic partner  of the conservatee, or a
relative within the second degree of the conservatee, the court may
by order authorize or direct the conservator to pay and distribute
surplus income of the estate or any part of  such 
 the  surplus income (not used for the support, maintenance,
and education of the conservatee and of those legally entitled to
support, maintenance, or education from the conservatee) to the
spouse  or domestic partner  of the conservatee and to
 such  relatives within the second degree of the
conservatee whom the conservatee would, in the judgment of the court,
have aided but for the existence of the conservatorship.  The court
in ordering payments under this  section may impose conditions if the
court determines that the conservatee would have imposed 
such   the  conditions if the conservatee had the
capacity to act.
   (b) The granting of the order and the amounts and proportions of
the payments are discretionary with the court, but the court shall
consider all of the following:
   (1) The amount of surplus income available after adequate
provision has been made for the comfortable and suitable support,
maintenance, and education of the conservatee and of those legally
entitled to support, maintenance, or education from the conservatee.

   (2) The circumstances and condition of life to which the
conservatee and the spouse  or domestic partner  and
 such  relatives have been accustomed.
   (3) The amount  which   that  the
conservatee would in the judgment of the court have allowed the
spouse  or domestic partner  and  such 
relatives but for the existence of the conservatorship.
   (c) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
  SEC. 22.  Section 2430 of the Probate Code is amended to read:
   2430.  (a) Subject to subdivisions (b) and (c), the guardian or
conservator shall pay the following from any principal and income of
the estate:
   (1) The debts incurred by the ward or conservatee before creation
of the guardianship or conservatorship, giving priority to the debts
described in Section 2431 to the extent required by that section.
   (2) The debts incurred by the ward or conservatee during the
guardianship or conservatorship to provide the necessaries of life to
the ward or conservatee, and to the spouse and minor children of the
ward or conservatee, to the extent the debt is reasonable.  
Also, the debts reasonably incurred by the conservatee during the
conservatorship to provide the basic living expenses, as defined in
Section 297 of the Family Code, to the domestic partner of the
conservatee.   The guardian or conservator may deduct the amount
of any payments for  such   these  debts
from any allowance otherwise payable to the ward or conservatee.
   (3) In the case of a conservatorship, any other debt incurred by
the conservatee during the conservatorship only if the debt satisfies
the requirements of any order made under Chapter 4 (commencing with
Section 1870) of Part 3.
   (4) The reasonable expenses incurred in the collection, care, and
administration of the estate, but court authorization is required for
payment of compensation to any of the following:  
   (i)  
   (A)  The guardian or conservator of the person or estate or
both.  
   (ii)  
   (B)  An attorney for the guardian or conservator of the
person or estate or both.  
   (iii)  
   (C)  An attorney for the ward or conservatee.  
   (iv)  
   (D)  An attorney for the estate.  
   (v)  
   (E)  The public guardian for the costs and fee under Section
2902.
   (b) The payments provided for by paragraph (3) of subdivision (a)
are not required to be made to the extent  such 
 the  payments would impair the ability to provide  the
 necessaries of life to the conservatee and the spouse and minor
children  of the conservatee and to provide the basic living
expenses, as defined in Section 297 of the Family Code, of the
domestic partner  of the conservatee.
   (c) The guardian or conservator may petition the court under
Section 2403 for instructions when there is doubt whether a debt
should be paid under this section.
  SEC. 23.  Section 2504 of the Probate Code is amended to read:
   2504.  Court approval is required for the compromise or settlement
of any of the following:
   (a) A claim for the support, maintenance, or education of (1) the
ward or conservatee, or (2) a person whom the ward or conservatee is
legally obligated to support, maintain, or educate, against any other
person (including ,  but not limited to  ,  the
spouse or parent of the ward or the spouse,  domestic partner,
 parent, or adult child of the conservatee).
   (b) A claim of the ward or conservatee for wrongful death.
   (c) A claim of the ward or conservatee for physical or nonphysical
harm to the person.
  SEC. 24.  Section 2572 of the Probate Code is amended to read:
   2572.  An order authorizing the guardian or conservator to
purchase real property may authorize the guardian or conservator to
join with the spouse of the ward or  the spouse or domestic
partner of the  conservatee or with any other person or persons
in the purchase of the real property, or an interest, equity, or
estate therein, in severalty, in common, in community, or in joint
tenancy, for cash or upon a credit or for part cash and part credit.
When the court authorizes the purchase of real property, the court
may order the guardian or conservator to execute all necessary
instruments and commitments to complete the transaction.
  SEC. 25.  Section 2580 of the Probate Code is amended to read:
   2580.  (a) The conservator or other interested person may file a
petition under this article for an order of the court authorizing or
requiring the conservator to take a proposed action for any one or
more of the following purposes:
   (1) Benefiting the conservatee or the estate.
   (2) Minimizing current or prospective taxes or expenses of
administration of the conservatorship estate or of the estate upon
the death of the conservatee.
   (3) Providing gifts for any purposes, and to any charities,
relatives (including the other  spouse)   spouse
or domestic partner)  , friends, or other objects of bounty, as
would be likely beneficiaries of gifts from the conservatee.
   (b) The action proposed in the petition may include, but is not
limited to, the following:
   (1) Making gifts of principal or income, or both, of the estate,
outright or in trust.
   (2) Conveying or releasing the conservatee's contingent and
expectant interests in property, including marital property rights
and any right of survivorship incident to joint tenancy or tenancy by
the entirety.
   (3) Exercising or releasing the conservatee's powers as donee of a
power of appointment.
   (4) Entering into contracts.
   (5) Creating for the benefit of the conservatee or others,
revocable or irrevocable trusts of the property of the estate, which
trusts may extend beyond the conservatee's disability or life.  A
special needs trust for money paid pursuant to a compromise or
judgment for a conservatee may be established only under Chapter 4
(commencing with Section 3600) of Part 8, and not under this article.

   (6) Transferring to a trust created by the conservator or
conservatee any property unintentionally omitted from the trust.
   (7) Exercising options of the conservatee to purchase or exchange
securities or other property.
   (8) Exercising the rights of the conservatee to elect benefit or
payment options, to terminate, to change beneficiaries or ownership,
to assign rights, to borrow, or to receive cash value in return for a
surrender of rights under any of the following:  
   (i)  
   (A)  Life insurance policies, plans, or benefits.  
   (ii)  
   (B)  Annuity policies, plans, or benefits.  
   (iii)  
   (C)  Mutual fund and other dividend investment plans.

   (iv)  
   (D)  Retirement, profit sharing, and employee welfare plans
and benefits.
   (9) Exercising the right of the conservatee to elect to take under
or against a will.
   (10) Exercising the right of the conservatee to disclaim any
interest that may be disclaimed under Part 8 (commencing with Section
260) of Division 2.
   (11) Exercising the right of the conservatee  (i)
  (A)  to revoke a revocable trust or  (ii)
  (B)  to surrender the right to revoke a
revocable trust, but the court shall not authorize or require the
conservator to exercise the right to revoke a revocable trust if the
instrument governing the trust (i) evidences an intent to reserve the
right of revocation exclusively to the conservatee, (ii) provides
expressly that a conservator may not revoke the trust, or (iii)
otherwise evidences an intent that would be inconsistent with
authorizing or requiring the conservator to exercise the right to
revoke the trust.
   (12) Making an election referred to in Section 13502 or an
election and agreement referred to in Section 13503.
   (13) Making a will.
  SEC. 26.  Section 2614.5 of the Probate Code is amended to read:
   2614.5.  (a) If the guardian or conservator fails to file an
inventory and appraisal within the time allowed by law or by court
order, upon request of the ward or conservatee, the spouse  of
the ward  or  the spouse or domestic partner of the
conservatee,  any relative or friend of the ward or conservatee,
or any interested person, the court shall order the guardian or
conservator to file the inventory and appraisal within  such
  the  time  as   prescribed
in  the order  prescribes  or to show cause why
the guardian or conservator should not be removed.  The person who
requested the order shall serve it upon the guardian or conservator
in the manner provided in Section 415.10 or 415.30 of the Code of
Civil Procedure or in  such   a  manner as
is ordered by the court.
   (b) If the guardian or conservator fails to file the inventory and
appraisal as required by the order within the time prescribed in the
order, unless good cause is shown for not doing so, the court, on
its own motion or on petition, may remove the guardian or
conservator, revoke the letters of guardianship or conservatorship,
and enter judgment accordingly, and order the guardian or conservator
to file an account and to surrender the estate to the person legally
entitled thereto.
   (c) The procedure provided in this section is optional and does
not preclude the use of any other remedy or sanction when an
inventory and appraisal is not timely filed.
  SEC. 27.  Section 2622 of the Probate Code is amended to read:
   2622.  The ward or conservatee, the spouse  of the ward 
or  the spouse or domestic partner of the conservatee,  any
relative or friend of the ward or conservatee, or any creditor or
other interested person may file written objections to the account of
the guardian or conservator, stating the items of the account to
which objection is made and the basis for the objection.
  SEC. 28.  Section 2651 of the Probate Code is amended to read:
   2651.  The ward or conservatee, the spouse  of the ward 
or  the spouse or domestic partner of the conservatee,  any
relative or friend of the ward or conservatee, or any interested
person may apply by petition to the court to have the guardian or
conservator removed.  The petition shall state facts showing cause
for removal.
  SEC. 29.  Section 2653 of the Probate Code is amended to read:
   2653.  (a) The guardian or conservator, the ward or conservatee,
the spouse  of the ward  or  the spouse or domestic
partner of the conservatee,  any relative or friend of the ward
or conservatee, and any interested person, may appear at the hearing
and support or oppose the petition.
   (b) If the court determines that cause for removal of the guardian
or conservator exists, the court may remove the guardian or
conservator, revoke the letters of guardianship or conservatorship,
and enter judgment accordingly and, in the case of a guardianship or
conservatorship of the estate, order the guardian or conservator to
file an account and to surrender the estate to the person legally
entitled thereto.  If the guardian or conservator fails to file the
account as ordered, the court may compel the account pursuant to
Section 2629.
  SEC. 30.  Section 2681 of the Probate Code is amended to read:
   2681.  A petition for appointment of a successor conservator may
be filed by any of the following:
   (a) The conservatee.
   (b) The spouse  or domestic partner  of the conservatee.

   (c) A relative of the conservatee.
   (d) Any interested state or local entity or agency of this state
or any interested public officer or employee of this state or of a
local public entity of this state.
   (e) Any other interested person or friend of the conservatee.
  SEC. 31.  Section 2682 of the Probate Code is amended to read:
   2682.  (a) The petition shall request that a successor conservator
be appointed for the person or estate, or both, and shall specify
the name and address of the proposed successor conservator and the
name and address of the conservatee.
   (b) The petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the spouse  or domestic
partner  and of the relatives of the conservatee within the
second degree.
   (c) If the petition is filed by one other than the conservatee,
the petition shall state whether or not the petitioner is a creditor
or debtor of the conservatee.
   (d) If the conservatee is a patient in or on leave of absence from
a state institution under the jurisdiction of the State Department
of Mental Health or the State Department of Developmental Services
and that fact is known to the petitioner, the petition shall state
that fact and name the institution.
   (e) The petition shall state, so far as is known to the
petitioner, whether or not the conservatee is receiving or is
entitled to receive benefits from the Veterans Administration and the
estimated amount of the monthly benefit payable by the Veterans
Administration for the conservatee.
   (f) The petition shall state whether or not the conservatee will
be present at the hearing.
  SEC. 32.  Section 2687 of the Probate Code is amended to read:
   2687.  The conservatee, the spouse  , the domestic partner,
 or any relative or friend of the conservatee, or any other
interested person may appear at the hearing to support or oppose the
petition.
  SEC. 33.  Section 2700 of the Probate Code is amended to read:
   2700.  (a) At any time after the issuance of letters of
guardianship or conservatorship, the ward  ,  if over 14
years of age or the conservatee, the spouse  of the ward  or
 the spouse or domestic partner of the conservatee,  any
relative or creditor of the ward or conservatee, or any other
interested person, in person or by attorney, may file with the court
clerk a written request for special notice.
   (b) The request for special notice shall be so entitled and shall
set forth the name of the person and the address to  which
  where  notices shall be sent.
   (c) Special notice may be requested of any one or more of the
following matters:
   (1) Petitions filed in the guardianship or conservatorship
proceeding.
   (2) Inventories and appraisals of property in the estate,
including any supplemental inventories and appraisals.
   (3) Accounts of the guardian or conservator.
   (4) Proceedings for the final termination of the guardianship or
conservatorship proceeding.
   (d) Special notice may be requested of:
   (1) Any one or more of the matters in subdivision (c) by
describing the matter or matters.
   (2) All the matters in subdivision (c) by referring generally to
"the matters described in subdivision (c) of Section 2700 of the
Probate Code" or by using words of similar meaning.
   (e) A copy of the request shall be personally delivered or mailed
to the guardian or conservator or to the attorney for the guardian or
conservator.  If personally delivered, the request is effective when
it is delivered.  If mailed, the request is effective when it is
received.
   (f) When the original of the request is filed with the court
clerk, it shall be accompanied by a written admission or proof of
service.
  SEC. 34.  Section 2803 of the Probate Code is amended to read:
   2803.  The petition shall set forth all of the following:
   (a) The name and address of:
   (1) The foreign guardian or conservator, who may but need not be
the guardian or conservator appointed in this state.
   (2) The ward or conservatee.
   (3) The guardian or conservator, so far as is known to the
petitioner.
   (b) The names, ages, and addresses, so far as they are known to
the petitioner, of the spouse  of the ward or the spouse or
domestic partner of the conservatee  and of relatives of the
ward or conservatee within the second degree.
   (c) A brief description of the character, condition, value, and
location of the personal property sought to be transferred.
   (d) A statement whether the foreign guardian or conservator has
agreed to accept the transfer of the property.  If the foreign
guardian or conservator has so agreed, the acceptance shall be
attached as an exhibit to the petition or otherwise filed with the
court.
   (e) A statement of the manner in which and by whom the foreign
guardian or conservator was appointed.
   (f) A general statement of the qualifications of the foreign
guardian or conservator.
   (g) The amount of bond, if any, of the foreign guardian or
conservator.
   (h) A general statement of the nature and value of the property of
the ward or conservatee already under the management or control of
the foreign guardian or conservator.
                                                                (i)
The name of the court having jurisdiction of such foreign guardian or
conservator or of the accounts of such foreign guardian or
conservator or, if none, the court in which a proceeding may be had
with respect to the guardianship or conservatorship if the property
is transferred.
   (j) Whether there is any pending civil action in this state
against the guardian or conservator, the ward or conservatee, or the
estate.
   (k) A statement of the reasons for the transfer.
  SEC. 35.  Section 2805 of the Probate Code is amended to read:
   2805.  Any of the following may appear and file written objections
to the petition:
   (a) Any person required to be listed in the petition.
   (b) Any creditor of the ward or conservatee or of the estate.
   (c) The spouse  of the ward or the spouse or domestic partner
of the conservatee,  or any relative or friend of the ward or
conservatee.
   (d) Any other interested person.
  SEC. 36.  Section 6240 of the Probate Code is amended to read:
   6240.  The following is the California  statutory will
  Statutory Will  form:

      QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL

   The following information, in question and answer form, is not a
part of the California Statutory Will.  It is designed to help you
understand about Wills and to decide if this Will meets your needs.
This Will is in a simple form.  The complete text of each paragraph
of this Will is printed at the end of the Will.

   1. What happens if I die without a Will?  If you die without a
Will, what you own (your "assets") in your name alone will be divided
among your spouse, children, or other relatives according to state
law.  The court will appoint a relative to collect and distribute
your assets.  A domestic partner will not have a right to inherit
your property without a Will. 
   2. What can a Will do for me?  In a Will you may designate who
will receive your assets at your death.  You may designate someone
(called an "executor") to appear before the court, collect your
assets, pay your debts and taxes, and distribute your assets as you
specify.  You may nominate someone (called a "guardian") to raise
your children who are under age 18.  You may designate someone
(called a "custodian") to manage assets for your children until they
reach any age between 18 and 25.
   3. Does a Will avoid probate?  No.  With or without a Will, assets
in your name alone usually go through the court probate process.
The court's first job is to determine if your Will is valid.
   4. What is community property?  Can I give away my share in my
Will?  If you are married and you or your spouse earned money during
your marriage from work and wages, that money (and the assets bought
with it) is community property.  Your Will can only give away your
one-half of community property.  Your Will cannot give away your
spouse's one-half of community property.
   5. Does my Will give away all of my assets?  Do all assets go
through probate?  No.  Money in a joint tenancy bank account
automatically  belong   belongs  to the
other named owner without probate.  If your spouse  , domestic
partner,  or child is on the deed to your house as a joint
tenant, the house automatically passes to him or her.  Life insurance
and retirement plan benefits may pass directly to the named
beneficiary.  A Will does not necessarily control how these types of
"nonprobate" assets pass at your death.
   6. Are there different kinds of Wills?  Yes.  There are
handwritten Wills, typewritten Wills, attorney-prepared Wills, and
statutory Wills.  All are valid if done precisely as the law
requires.  You should see a lawyer if you do not want to use this
statutory Will or if you do not understand this form.
   7. Who may use this Will?  This Will is based on California law.
It is designed only for California residents.  You may use this form
if you are single, married,  a member of a domestic partnership,
 or divorced.  You must be age 18 or older and  or
  of  sound mind.
   8. Are there any reasons why I should NOT use this statutory Will?
Yes.  This is a simple Will.  It is not designed to reduce death
taxes or other taxes.  Talk to a lawyer to do tax planning,
especially if (i) your assets will be worth more than $600,000 at
your death, (ii) you own  business related  
business-related  assets, (iii) you want to create a trust fund
for your children's education or other purposes, (iv) you own assets
in some other state, (v) you want to disinherit your spouse or
descendants, or (vi) you have valuable interests in pension or
 profit sharing   profit-sharing  plans.
You should talk to a lawyer who knows about estate planning if this
Will does not meet your needs.  This Will treats most adopted
children like natural children.  You should talk to a lawyer if you
have stepchildren or foster children whom you have not adopted.
   9. May I add or cross out any words on this Will?  No.  If you do,
the Will may be invalid or the court may ignore the crossed out or
added words.  You may only fill in the blanks.  You may amend this
Will by a separate document (called a codicil).  Talk to a lawyer if
you want to do something with your assets which is not allowed in
this form.
   10. May I change my Will?  Yes.  A Will is not effective until you
die.  You may make and sign a new Will.  You may change your Will at
any time, but only by an amendment (called a codicil).  You can give
away or sell your assets before your death.  Your Will only acts on
what you own at death.
   11. Where should I keep my Will?  After you and the witnesses sign
the Will, keep your Will in your safe deposit box or other safe
place.  You should tell trusted family members where your Will is
kept.
   12. When should I change my Will?  You should make and sign a new
Will if you marry or divorce after you sign this Will.  Divorce or
annulment automatically cancels all property stated to pass to a
former husband or wife under this Will, and revokes the designation
of a former spouse as executor, custodian, or guardian.  You should
sign a new Will when you have more children, or if your spouse  ,
domestic partner,  or a child dies.  You may want to change
your Will if there is a large change in the value of your assets.
 You may also want to change your Will if you enter a domestic
partnership or your domestic partnership has been terminated after
you sign this Will. 
   13. What can I do if I do not understand something in this Will?
If there is anything in this Will you do not understand, ask a lawyer
to explain it to you.
   14. What is an executor?  An "executor" is the person you name to
collect your assets, pay your debts and taxes, and distribute your
assets as the court directs.  It may be a person or it may a
qualified bank or trust company.
   15. Should I require a bond?  You may require that an executor
post a "bond."  A bond is a form of insurance to replace assets that
may be mismanaged or stolen by the executor.  The cost of the bond is
paid from the estate's assets.
   16. What is a guardian?  Do I need to designate one?  If you have
children under age 18, you should designate a guardian of their
"persons" to raise them.
   17. What is a custodian?  Do I need to designate one?  A
"custodian" is a person you may designate to manage assets for
someone (including a child) who is between ages 18 and 25 and who
receives assets under your Will.  The custodian manages the assets
and pays as much as the custodian determines is proper for health,
support, maintenance, and education.  The custodian delivers what is
left to the person when the person reaches the age you choose
(between 18 and 25).  No bond is required of a custodian.
   18. Should I ask people if they are willing to serve before I
designate them as executor, guardian, or custodian?  Probably yes.
Some people and banks and trust companies may not consent to serve or
may not be qualified to act.
   19. What happens if I make a gift in this Will to someone and they
die before I do?  A person must survive you by 120 hours to take a
gift under this Will.  If they do not, then the gift fails and goes
with the rest of your assets.  If the person who does not survive you
is a relative of you or your spouse, then certain assets may go to
the relative's descendants.
   20. What is a trust?  There are many kinds of trusts, including
trusts created by Wills (called "testamentary trusts") and trusts
created during your lifetime (called "revocable living trusts").
Both kinds of trusts are long-term arrangements where a manager
(called a "trustee") invests and manages assets for someone (called a
"beneficiary") on the terms you specify. Trusts are too complicated
to be used in this statutory Will.  You should see a lawyer if you
want to create a trust.  
   21.  What is a domestic partner?  You have a domestic partner if
you have met certain legal requirements and filed a form entitled
"Declaration of Domestic Partnership" with the Secretary of State.
If you have not filed a Declaration of Domestic Partnership with the
Secretary of State, you do not meet the required definition and
should not use the section of the statutory Will form that refers to
domestic partners.  If you are unsure if you have a domestic partner
or if your domestic partnership meets the required definition, please
contact the Secretary of State's office. 

      INSTRUCTIONS

   1. READ THE WILL.  Read the whole Will first.  If you do not
understand something, ask a lawyer to explain it to you.
   2. FILL IN THE BLANKS.  Fill in the blanks.  Follow the
instructions in the form carefully.  Do not add any words to the Will
(except for filling in blanks) or cross out any words.
   3. DATE AND SIGN THE WILL AND HAVE TWO WITNESSES SIGN IT.  Date
and sign the Will and have two witnesses sign it.  You and the
witnesses should read and follow the Notice to Witnesses found at the
end of this Will.
  SEC. 37.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified in this act, the provisions of this act shall
become operative on the same date that the act takes effect pursuant
to the California Constitution.