Bill Text: CA SB1106 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Conservators: required notices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-28 - Referred to Com. on JUD. [SB1106 Detail]
Download: California-2023-SB1106-Amended.html
1460 1460, including, but not limited to, a person who has requested special notice of the matter, as provided in Section 2700, and by filing a proof of delivery with the court, unless otherwise ordered by the court.SECTION 1.
Bill Title: Conservators: required notices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-28 - Referred to Com. on JUD. [SB1106 Detail]
Download: California-2023-SB1106-Amended.html
|
Amended
IN
Senate
March 20, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1106
| Introduced by Senator Rubio |
February 13, 2024 |
An act relating to older adults. to amend Sections 2352 and 2361 of the Probate Code, relating to conservatorship.
LEGISLATIVE COUNSEL'S DIGEST
SB 1106, as amended, Rubio.
Conservatee rights: older adults. Conservators: required notices.
The Guardianship-Conservatorship Law generally establishes the powers and duties of a guardian or conservator of a person, an estate, or both. Existing law authorizes a conservator to establish the residence of a conservatee within and outside of California, as prescribed, and requires the conservator to select the least restrictive appropriate residence that is available, which existing law presumes to be the personal residence of the conservatee. Existing law requires the conservator to file a notice of change of residence with the court within 30 days of the date of the change, and requires the conservator to deliver a copy of the notice to the spouse or registered domestic partner of the conservatee, if any, and to the relatives named in the petition for appointment of the conservator, as specified,
and to file proof of delivery of that notice with the court. If the conservator proposes to remove the conservatee from their personal residence, existing law requires the conservator to provide notice to those persons at least 15 days before the proposed removal of the conservatee, except as specified.
This bill also would require the conservator to provide notice under the above circumstances to a person who has requested special notice of the matter, pursuant to a specified provision. When the conservator is removing the conservatee from their personal residence, the bill would require the conservator to provide notice to the designated persons at least 20 days before the proposed removal of the conservatee, except as specified.
Existing law requires a conservator to provide notice of a conservatee’s death by delivering a copy of the notice to specified persons and by filing a proof of delivery with the court, unless
otherwise ordered by the court.
This bill additionally would require the conservator to provide notice to the above-specified persons of the date, time, and location of any funeral, burial, or memorial arrangements for the conservatee. The bill would require that notice to be delivered electronically whenever possible.
Existing law establishes procedures for a conservatorship of the person or estate of an adult, or of a minor who is married or whose marriage has been dissolved. Existing law declares the intent of the Legislature in establishing these procedures, among other purposes, to protect the
rights of persons who are placed under conservatorship, to provide that the health and psychosocial needs of the proposed conservatee are met, and to ensure, to the greatest possible extent, that the conservatee is able to understand, make, and communicate their own, informed, choices while under conservatorship.
This bill would declare the intent of the Legislature to enact legislation to ensure that the rights of older adults who have been placed under a probate conservatorship are not unduly restricted.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2352 of the Probate Code is amended to read:2352.
(a) The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall select the least restrictive appropriate residence that is available and necessary to meet the needs of the ward, and that is in the best interests of the ward.(b) The conservator may establish the residence of the conservatee at any place within this state without the permission of the court. The conservator shall select the least restrictive appropriate residence, as described in Section 2352.5, that is available and necessary to meet the needs of the conservatee, and that is in the best interests of the conservatee.
(c) If permission of the court is
first obtained, a guardian or conservator may establish the residence of a ward or conservatee at a place not within this state. Notice of the hearing on the petition to establish the residence of the ward or conservatee out of state, together with a copy of the petition, shall be given in the manner required by subdivision (a) of Section 1460 to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822.
(d) (1) An order under subdivision (c) relating to a ward shall require the guardian either to return the ward to this state, or to cause a guardianship proceeding or its equivalent to be commenced in the place of the new residence, when the ward has resided in the place of new residence for a period of four months or a longer or shorter period specified in the order.
(2) An order under subdivision (c) relating to
a conservatee shall require the conservator to do one of the following when the conservatee has resided in the other state for a period of four months or a longer or shorter period specified in the order:
(A) Return the conservatee to this state.
(B) Petition for transfer of the conservatorship to the other state under Article 3 (commencing with Section 2001) of Chapter 8 of Part 3 and corresponding law of the other state.
(C) Cause a conservatorship proceeding or its equivalent to be commenced in the other state.
(e) (1) The guardian or conservator shall file a notice of change of residence with the court within 30 days of the date of the change. The guardian or conservator shall include in the notice of change of residence a
declaration stating that the ward’s or conservatee’s change of residence is consistent with the standard described in subdivision (b).
(2) (A) The guardian or conservator shall deliver pursuant to Section 1215 a copy of the notice to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822 and shall file proof of delivery of the notice with the court. The court may, for good cause, waive the delivery requirement pursuant to this paragraph in order to prevent harm to the conservatee or ward.
(B) A conservator also shall provide notice pursuant to subparagraph (A) to any person who has requested special notice of the matter
pursuant to Section 2700.
(3) If the guardian or conservator proposes to remove the ward or conservatee from his or her their personal residence, except as provided by subdivision (c), the guardian or conservator shall deliver pursuant to Section 1215 a notice of his or her their intention to change the residence of the ward or conservatee to all persons entitled to notice under subdivision (b) of Section 1511 and subdivision (b) of Section 1822.
1822, and any person who has requested special notice of the matter, pursuant to Section 2700. In the absence of an emergency, that notice shall be delivered at least 15 days before the proposed removal of the ward or conservatee from his or her ward, or at least 20 days of the conservatee, from their personal residence. If the notice is delivered less than 15 or 20 days before the proposed removal of the ward or conservatee,
as applicable, the guardian or conservator shall set forth the basis for the emergency in the notice. The guardian or conservator shall file proof of delivery of that notice with the court.
(f) This section does not apply where when the court has made an order under Section 2351 pursuant to which the conservatee retains the right to establish his or her their own residence.
(g) As used in this section, “guardian” or “conservator” includes a proposed guardian or
proposed conservator and “ward” or “conservatee” includes a proposed ward or proposed conservatee.
(h) This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator.
SEC. 2.
Section 2361 of the Probate Code is amended to read:2361.
(a) A conservator shall provide notice of a conservatee’s death by delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice under Section(b) A conservator also shall provide notice, as specified in subdivision (a), of the date, time, and location of any funeral, burial, or memorial arrangements for the conservatee. Notice pursuant to this subdivision shall be delivered electronically whenever possible.
It is the intent of the Legislature to enact legislation to ensure that the rights of older adults who have been placed under a probate conservatorship are not unduly restricted.
