Bill Text: CA AB1085 | 2015-2016 | Regular Session | Chaptered

---

Bill Title: Personal representatives: conservators and attorneys-in-fact.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-07-14 - Chaptered by Secretary of State - Chapter 92, Statutes of 2015. [AB1085 Detail]

Download: California-2015-AB1085-Chaptered.html

---

BILL NUMBER: AB 1085	CHAPTERED
	BILL TEXT

	CHAPTER  92
	FILED WITH SECRETARY OF STATE  JULY 14, 2015
	APPROVED BY GOVERNOR  JULY 14, 2015
	PASSED THE SENATE  JUNE 25, 2015
	PASSED THE ASSEMBLY  MAY 18, 2015
	AMENDED IN ASSEMBLY  MAY 5, 2015

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 27, 2015

   An act to amend Section 2351 of, and to add Sections 2361 and 4691
to, the Probate Code, relating to personal representatives.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1085, Gatto. Personal representatives: conservators and
attorneys-in-fact.
   (1) Existing law requires a conservator of a person to be
responsible for the care, custody, control, and education of a
conservatee, except where 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 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 a court order.
   This bill would provide that a court order may be issued that
specifically grants the conservator the power to limit or enforce the
conservatee's right to receive visitors, telephone calls, and
personal mail. The bill would state findings and declarations of the
Legislature in this regard.
   (2) Existing law additionally authorizes an adult with capacity to
execute a power of attorney for health care.
   This bill would require a conservator to provide notice of a
conservatee's death by mailing a copy of the notice to specified
persons, as provided. The bill would require an attorney-in-fact, if
directed by the principal in a power of attorney for health care,
upon the death of the principal, to inform those individuals whose
names are provided by the principal for that purpose.


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

  SECTION 1.  The Legislature finds and declares that every adult in
this state has the right to visit with, and receive mail and
telephone or electronic communication from, whomever he or she so
chooses, unless a court has specifically ordered otherwise.
  SEC. 2.  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, and
personal mail, or that directs the conservator to allow those
visitors, telephone calls, 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 subdivision (a).
   (c) An order under 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).
  SEC. 3.  Section 2361 is added to the Probate Code, to read:
   2361.  A conservator shall provide notice of a conservatee's death
by mailing a copy of the notice to all persons entitled to notice
under Section 1460 and by filing a proof of service with the court,
unless otherwise ordered by the court.
  SEC. 4.  Section 4691 is added to the Probate Code, to read:
   4691.  If directed by the principal in a power of attorney for
health care, an attorney-in-fact shall, upon the death of the
principal, inform those individuals whose names are provided by the
principal to the attorney-in-fact for that purpose.