BILL NUMBER: SB 1452	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 2351 of the Probate Code is amended to read:
   2351.  (a) Subject to subdivision (b), the guardian or
conservator, but not a limited conservator, has the care, custody,
and control of, and has charge of the education of, the ward or
conservatee. This control shall 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. The court may issue an order
that specifically grants the conservator the power to enforce the
conservatee's rights to receive visitors, telephone calls, 
electronic mail,  and personal mail, or that directs the
conservator to allow those visitors, telephone calls,  electronic
mail,  and personal mail.
   (b) Where the court determines that it is appropriate in the
circumstances of the particular conservatee, the court, in its
discretion, may limit the powers and duties that the conservator
would otherwise have under subdivision (a) by an order stating either
of the following:
   (1) The specific powers that the conservator does not have with
respect to the conservatee's person and reserving the powers so
specified to the conservatee.
   (2) The specific powers and duties the conservator has with
respect to the conservatee's person and reserving to the conservatee
all other rights with respect to the conservatee's person that the
conservator otherwise would have  under  
pursuant to  subdivision (a).
   (c) An order  under   pursuant to  this
section (1) may be included in the order appointing a conservator of
the person or (2) may be made, modified, or revoked upon a petition
subsequently filed, notice of the hearing on the petition having been
given for the period and in the manner provided in Chapter 3
(commencing with Section 1460) of Part 1.
   (d) The guardian or conservator, in exercising his or her powers,
may not hire or refer any business to an entity in which he or she
has a financial interest except upon authorization of the court.
Prior to authorization from the court, the guardian or conservator
shall disclose to the court in writing his or her financial interest
in the entity. For the purposes of this subdivision, "financial
interest" shall mean (1) an ownership interest in a sole
proprietorship, a partnership, or a closely held corporation, or (2)
an ownership interest of greater than 1 percent of the outstanding
shares in a publicly traded corporation, or (3) being an officer or a
director of a corporation.  This subdivision shall apply
only to conservators and guardians required to register with the
Statewide Registry under Chapter 13 (commencing with Section 2850).