reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 2 - Appointment of Guardian Generally › Section 1513.2.

1513.2. (a) To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report, including the statement described in subdivision (b). A guardian who willfully submits any material information required by the form which he or she knows to be false shall be guilty of a misdemeanor. Not later than one month before the date the status report is required to be returned, the clerk of the court shall deliver a notice pursuant to Section 1215 to the guardian informing the guardian that he or she is required to complete and return the status report to the court. The clerk shall enclose with the letter a blank status report form for the guardian to complete and return. If the status report is not completed and returned as required, or if the court finds, after a status report has been completed and returned, that further information is needed, the court shall attempt to obtain the information required in the report from the guardian or other sources. If the court is unable to obtain this information within 30 days after the date the status report is due, the court shall either order the guardian to make himself or herself available to the investigator for purposes of investigation of the guardianship, or to show cause why the guardian should not be removed.
(b) The Judicial Council shall develop a form for the status report. The form shall include the following statement: “A guardian who willfully submits any material information required by this form which he or she knows to be false is guilty of a misdemeanor.” The form shall request information the Judicial Council deems necessary to determine the status of the guardianship, including, but not limited to, the following:
(1) The guardian’s present address and electronic address.
(2) The name and birth date of the child under guardianship.
(3) The name of the school in which the child is enrolled, if any.
(4) If the child is not in the guardian’s home, the name, relationship, address, electronic address, and telephone number of the person or persons with whom the child resides.
(5) If the child is not in the guardian’s home, why the child was moved.
(c) The report authorized by this section is confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall implement procedures for the limitation of the report exclusively to persons entitled to its receipt.
(Amended by Stats. 2017, Ch. 319, Sec. 31. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 2 - Appointment of Guardian Generally › Section 1514.

1514. (a) Upon hearing of the petition, if it appears necessary or convenient, the court may appoint a guardian of the person or estate of the proposed ward or both.
(b) (1) In appointing a guardian of the person, the court is governed by Chapter 1 (commencing with Section 3020) and Chapter 2 (commencing with Section 3040) of Part 2 of Division 8 of the Family Code, relating to custody of a minor.
(2) Except as provided in Section 2105, a minor’s parent may not be appointed as a guardian of the person of the minor.
(c) The court shall appoint a guardian nominated under Section 1500 insofar as the nomination relates to the guardianship of the estate unless the court determines that the nominee is unsuitable. If the nominee is a relative, the nominee’s immigration status alone shall not constitute unsuitability.
(d) The court shall appoint the person nominated under Section 1501 as guardian of the property covered by the nomination unless the court determines that the nominee is unsuitable. If the person so appointed is appointed only as guardian of the property covered by the nomination, the letters of guardianship shall so indicate.
(e) Subject to subdivisions (c) and (d), in appointing a guardian of the estate:
(1) The court is to be guided by what appears to be in the best interest of the proposed ward, taking into account the proposed guardian’s ability to manage and to preserve the estate as well as the proposed guardian’s concern for and interest in the welfare of the proposed ward.
(2) If the proposed ward is of sufficient age to form an intelligent preference as to the person to be appointed as guardian, the court shall give consideration to that preference in determining the person to be so appointed.
(Amended by Stats. 2012, Ch. 845, Sec. 3. (SB 1064) Effective January 1, 2013.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 2 - Appointment of Guardian Generally › Section 1514.5.

1514.5. Notwithstanding any other provision of law, except provisions of law governing the retention and storage of data, a family law court shall, upon request from the court in any county hearing a probate guardianship matter proceeding before the court pursuant to this part, provide to the court all available information the court deems necessary to make a determination regarding the best interest of a child, as described in Section 3011 of the Family Code, who is the subject of the proceeding. The information shall also be released to a guardianship investigator, as provided in subdivision (a) of Section 1513, acting within the scope of his or her duties in that proceeding. Any information released pursuant to this section that is confidential pursuant to any other provision of law shall remain confidential and may not be released, except to the extent necessary to comply with this section. No records shared pursuant to this section may be disclosed to any party in a case unless the party requests the agency or court that originates the record to release these records and the request is granted. In counties that provide confidential family law mediation, or confidential dependency mediation, those mediations are not covered by this section.
(Added by Stats. 2004, Ch. 574, Sec. 2. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 2 - Appointment of Guardian Generally › Section 1515.

1515. Notwithstanding any other provision of this part, no guardian of the person may be appointed for a minor who is married or whose marriage has been dissolved. This section does not apply in the case of a minor whose marriage has been adjudged a nullity.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 2 - Appointment of Guardian Generally › Section 1516.

1516. (a) In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the local agency designated by the board of supervisors to investigate guardianships for the court. The local social services agency providing child protection services shall screen the name of the guardian for prior referrals of neglect or abuse of minors. The results of this screening shall be provided to the court.
(b) This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code.
(Amended by Stats. 2017, Ch. 319, Sec. 32. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 2 - Appointment of Guardian Generally › Section 1516.5.

1516.5. (a) A proceeding to have a child declared free from the custody and control of one or both parents may be brought in accordance with the procedures specified in Part 4 (commencing with Section 7800) of Division 12 of the Family Code within an existing guardianship proceeding, in an adoption action, or in a separate action filed for that purpose, if all of the following requirements are satisfied:
(1) One or both parents do not have the legal custody of the child.
(2) The child has been in the physical custody of the guardian for a period of not less than two years.
(3) The court finds that the child would benefit from being adopted by his or her guardian. In making this determination, the court shall consider all factors relating to the best interest of the child, including, but not limited to, the nature and extent of the relationship between all of the following:
(A) The child and the birth parent.
(B) The child and the guardian, including family members of the guardian.
(C) The child and any siblings or half siblings.
(b) The court shall appoint a court investigator or other qualified professional to investigate all factors enumerated in subdivision (a). The findings of the investigator or professional regarding those issues shall be included in the written report required pursuant to Section 7851 of the Family Code.
(c) The rights of the parent, including the rights to notice and counsel provided in Part 4 (commencing with Section 7800) of Division 12 of the Family Code, shall apply to actions brought pursuant to this section.
(d) This section does not apply to any child who is a dependent of the juvenile court or to any Indian child.
(Amended by Stats. 2010, Ch. 588, Sec. 9. (AB 2020) Effective January 1, 2011.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 2 - Appointment of Guardian Generally › Section 1517.

1517. (a) This part does not apply to guardianships resulting from the selection and implementation of a permanent plan pursuant to Section 366.26 of the Welfare and Institutions Code. For those minors, Section 366.26 of the Welfare and Institutions Code and Division 3 (commencing with Rule 5.500) of Title Five of the California Rules of Court specify the exclusive procedures for establishing, modifying, and terminating legal guardianships. If no specific provision of the Welfare and Institutions Code or the California Rules of Court is applicable, the provisions applicable to the administration of estates under Part 4 (commencing with Section 2100) govern so far as they are applicable to like situations.
(b) This chapter shall not be construed to prevent a court that assumes jurisdiction of a minor child pursuant to Section 300 of the Welfare and Institutions Code, or a probate court, as appropriate, from issuing orders or making appointments, on motion of the child’s counsel, consistent with Division 2 of the Welfare and Institutions Code or Divisions 4 to 6, inclusive, of the Probate Code necessary to ensure the appropriate administration of funds for the benefit of the child. Orders or appointments regarding those funds may continue after the court’s jurisdiction is terminated pursuant to Section 391 of the Welfare and Institutions Code.
(Amended by Stats. 2008, Ch. 166, Sec. 2. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 3 - Nonrelative Guardianships › Section 1540.

1540. This article does not apply in any of the following cases:
(a) Where the petition is for guardianship of the estate exclusively.
(b) Where the proposed guardian is a relative of the proposed ward.
(c) Where the Director of Developmental Services is appointed guardian pursuant to Article 7.5 (commencing with Section 416) of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code.
(d) Where the director of the department designated by the board of supervisors to provide social services is appointed guardian.
(e) Where the public guardian is appointed guardian.
(f) Where the guardianship results from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 3 - Nonrelative Guardianships › Section 1541.

1541. In addition to the other required contents of the petition for appointment of a guardian, the petition shall include both of the following:
(a) A statement by the proposed guardian that, upon request by an agency referred to in Section 1543 for information relating to the investigation referred to in that section, the proposed guardian will promptly submit the information required.
(b) A disclosure of any petition for adoption by the proposed guardian of the minor who is the subject of the guardianship petition regardless of when or where filed.
(c) A statement whether or not the home of the proposed guardian is a licensed foster family home, a certified family home of a licensed foster family agency, or a resource family home approved by a county or a licensed foster family agency.
(Amended by Stats. 2016, Ch. 612, Sec. 58. (AB 1997) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 3 - Nonrelative Guardianships › Section 1542.

1542. In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the Director of Social Services at the director’s office in Sacramento and to the local agency designated by the board of supervisors to investigate guardianships for the court.
(Amended by Stats. 2017, Ch. 319, Sec. 33. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 3 - Nonrelative Guardianships › Section 1543.

1543. (a) If the petition as filed or as amended states that an adoption petition has been filed, a report with respect to the suitability of the proposed guardian for guardianship shall be filed with the court by the agency investigating the adoption. In other cases, the local agency designated by the board of supervisors to provide public social services shall file a report with the court with respect to the proposed guardian of the same character required to be made with regard to an applicant for foster family home licensure, or, on and after January 1, 2020, resource family approval, as described in Section 16519.5 of the Welfare and Institutions Code.
(b) The report filed with the court pursuant to this section is confidential. The report may be considered by the court and shall be made available only to the persons who have been served in the proceeding and the persons who have appeared in the proceeding or their attorneys. The report may be received in evidence upon stipulation of counsel for all of those persons who are present at the hearing or, if a person is present at the hearing but is not represented by counsel, upon consent of that person.
(Amended by Stats. 2016, Ch. 612, Sec. 59. (AB 1997) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 2 - Termination › Section 1600.

1600. (a) A guardianship of the person or estate or both terminates when the ward attains majority unless, pursuant to Section 1510.1, the ward requests the extension of, or consents to the extension of, the guardianship of the person until the ward attains 21 years of age.
(b) A guardianship of the person terminates upon the death of the ward, the adoption of the ward, or upon the emancipation of the ward under Section 7002 of the Family Code.
(c) A guardianship of the estate terminates upon the death of the ward, except as provided by Section 2467 and Article 4 (commencing with Section 2630) of Chapter 7 of Part 4, and except as otherwise provided by law.
(Amended by Stats. 2018, Ch. 73, Sec. 1. (AB 2113) Effective January 1, 2019.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 2 - Termination › Section 1601.

1601. Upon petition of the guardian, a parent, the minor ward, or, in the case of an Indian child custody proceeding, an Indian custodian or the ward’s tribe, the court may make an order terminating the guardianship if the court determines that it is in the ward’s best interest to terminate the guardianship. Upon petition of a ward who is 18 years of age or older, the court shall make an order terminating the guardianship. 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.
(Amended by Stats. 2015, Ch. 694, Sec. 5. (AB 900) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 2 - Termination › Section 1602.

1602. (a) The Legislature hereby finds and declares that guardians perform a critical and important role in the lives of minors, frequently assuming a parental role and caring for a child when the child’s parent or parents are unable or unwilling to do so.
(b) Upon making a determination that a guardianship should be terminated pursuant to Section 1601, the court may consider whether continued visitation between the ward and the guardian is in the ward’s best interest. As part of the order of termination, the court shall have jurisdiction to issue an order providing for ongoing visitation between a former guardian and his or her former minor ward after the termination of the guardianship. The order granting or denying visitation may not be modified unless the court determines, based upon evidence presented, that there has been a significant change of circumstances since the court issued the order and that modification of the order is in the best interest of the child.
(c) A copy of the visitation order shall be filed in any court proceeding relating to custody of the minor. If a prior order has not been filed, and a proceeding is not pending relating to the custody of the minor in the court of any county, the visitation order may be used as the sole basis for opening a file in the court of the county in which the custodial parent resides. While a parent of the child has custody of the child, proceedings for modification of the visitation order shall be determined in a proceeding under the Family Code.
(Added by Stats. 2004, Ch. 301, Sec. 2. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 3 - Permanent and Stable Home › Section 1610.

1610. (a) The Legislature finds and declares that it is in the best interests of children to be raised in a permanent, safe, stable, and loving environment.
(b) Unwarranted petitions, applications, or motions other than discovery motions after the guardianship has been established create an environment that can be harmful to children and are inconsistent with the goals of permanency, safety, and stability.
(Amended by Stats. 2006, Ch. 493, Sec. 6. Effective January 1, 2007.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 3 - Permanent and Stable Home › Section 1611.

1611. If a person files a petition for visitation, termination of the guardianship, or instruction to the guardian that is unmeritorious, or intended to harass or annoy the guardian, and the person has previously filed pleadings in the guardianship proceedings that were unmeritorious, or intended to harass or annoy the guardian, this petition shall be grounds for the court to determine that the person is a vexatious litigant for the purposes of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure. For these purposes, the term “new litigation” shall include petitions for visitation, termination of the guardianship, or instruction to the guardian.
(Added by Stats. 2002, Ch. 1118, Sec. 7. Effective January 1, 2003.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 1 - Persons for Whom Conservator May Be Appointed › Section 1800.

1800. It is the intent of the Legislature in enacting this chapter to do the following:
(a) Protect the rights of persons who are placed under conservatorship.
(b) Provide that an assessment of the needs of the person is performed in order to determine the appropriateness and extent of a conservatorship and to set goals for increasing the conservatee’s functional abilities to whatever extent possible.
(c) Provide that the health and psychosocial needs of the proposed conservatee are met.
(d) Provide that community-based services are used to the greatest extent in order to allow the conservatee to remain as independent and in the least restrictive setting as possible.
(e) Provide that the periodic review of the conservatorship by the court investigator shall consider the best interests and expressed wishes of the conservatee; whether the conservatee has regained or could regain abilities and capacity with or without supports; and whether the conservatee continues to need a conservatorship.
(f) Ensure that the conservatee’s basic needs for physical health, food, clothing, and shelter are met.
(g) Provide for the proper management and protection of the conservatee’s real and personal property.
(h) Ensure, to the greatest possible extent, that the conservatee is able to understand, make, and communicate their own, informed, choices while under conservatorship.
(Amended by Stats. 2022, Ch. 894, Sec. 4. (AB 1663) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 1 - Persons for Whom Conservator May Be Appointed › Section 1800.3.

1800.3. (a) If the need therefor is established to the satisfaction of the court and the other requirements of this chapter are satisfied, the court may appoint:
(1) A conservator of the person or estate of an adult, or both.
(2) A conservator of the person of a minor who is married or whose marriage has been dissolved.
(b) A conservatorship of the person or of the estate shall not be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.
(c) In determining whether a conservatorship is the least restrictive alternative available, and whether to grant or deny a conservatorship petition, the court shall consider the person’s abilities and capacities with current and possible supports, including, but not limited to, supported decisionmaking agreements, as defined in Section 21001 of the Welfare and Institutions Code, powers of attorney, designation of a health care surrogate as set forth in Section 4711, and advance health care directives.
(d) If the court becomes aware that the proposed conservatee has a developmental disability, and the proposed conservator is not seeking authority to act under Section 2356.5, the court shall deem the proceeding to be seeking a limited conservatorship.
(Amended by Stats. 2022, Ch. 894, Sec. 5. (AB 1663) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 1 - Persons for Whom Conservator May Be Appointed › Section 1801.

1801. Subject to Section 1800.3:
(a) A conservator of the person may be appointed for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter, except as provided for the person as described in subdivision (b) or (c) of Section 1828.5.
(b) A conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence, except as provided for that person as described in subdivision (b) or (c) of Section 1828.5. Substantial inability may not be proved solely by isolated incidents of negligence or improvidence.
(c) A conservator of the person and estate may be appointed for a person described in subdivisions (a) and (b).
(d) A limited conservator of the person or of the estate, or both, may be appointed for a developmentally disabled adult. A limited conservatorship may be utilized only as necessary to promote and protect the well-being of the individual, shall be designed to encourage the development of maximum self-reliance and independence of the individual, and shall be ordered only to the extent necessitated by the individual’s proven mental and adaptive limitations. The conservatee of the limited conservator shall not be presumed to be incompetent and shall retain all legal and civil rights except those which by court order have been designated as legal disabilities and have been specifically granted to the limited conservator. The intent of the Legislature, as expressed in Section 4501 of the Welfare and Institutions Code, that developmentally disabled citizens of this state receive services resulting in more independent, productive, and normal lives is the underlying mandate of this division in its application to adults alleged to be developmentally disabled.
(e) The standard of proof for the appointment of a conservator pursuant to this section shall be clear and convincing evidence.
(Amended by Stats. 1995, Ch. 842, Sec. 7. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 1 - Persons for Whom Conservator May Be Appointed › Section 1802.

1802. Subject to Section 1800.3, a conservator of the person or estate, or both, may be appointed for a person who voluntarily requests the appointment and who, to the satisfaction of the court, establishes good cause for the appointment.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 1 - Persons for Whom Conservator May Be Appointed › Section 1803.

1803. A conservator of the estate may be appointed for a person who is an absentee as defined in Section 1403.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 1 - Persons for Whom Conservator May Be Appointed › Section 1804.

1804. Subject to Section 1800.3, a conservator of the estate may be appointed for a person who is missing and whose whereabouts is unknown.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 2 - Order of Preference for Appointment of Conservator › Section 1810.

1810. If the proposed conservatee has sufficient capacity at the time to form an intelligent preference, the proposed conservatee may nominate a conservator in the petition or in a writing signed either before or after the petition is filed. The court shall appoint the nominee as conservator unless the court finds that the appointment of the nominee is not in the best interests of the proposed conservatee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 2 - Order of Preference for Appointment of Conservator › Section 1811.

1811. (a) Subject to Sections 1813 and 1813.1, 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) Subject to Sections 1813 and 1813.1, 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 that nomination remains effective notwithstanding the subsequent legal incapacity or death of the spouse, domestic partner, or parent.
(Amended by Stats. 2014, Ch. 913, Sec. 28. (AB 2747) Effective January 1, 2015.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 2 - Order of Preference for Appointment of Conservator › Section 1813.

1813. (a) (1) The spouse of a proposed conservatee may not petition for the appointment of a conservator for a spouse or be appointed as conservator of the person or estate of the proposed conservatee unless the petitioner alleges in the petition for appointment as conservator, and the court finds, that the spouse is not a party to any action or proceeding against the proposed conservatee for legal separation of the parties, dissolution of marriage, or adjudication of nullity of their marriage. However, if the court finds by clear and convincing evidence that the appointment of the spouse, who is a party to an action or proceeding against the proposed conservatee for legal separation of the parties, dissolution of marriage, or adjudication of nullity of their marriage, or has obtained a judgment in any of these proceedings, is in the best interests of the proposed conservatee, the court may appoint the spouse.
(2) Prior to making this appointment, the court shall appoint counsel to consult with and advise the conservatee, and to report to the court his or her findings concerning the suitability of appointing the spouse as conservator.
(b) The spouse of a conservatee shall disclose to the conservator, or if the spouse is the conservator, shall disclose to the court, the filing of any action or proceeding against the conservatee for legal separation of the parties, dissolution of marriage, or adjudication of nullity of the marriage, within 10 days of the filing of the action or proceeding by filing a notice with the court and serving the notice according to the notice procedures under this title. The court may, upon receipt of the notice, set the matter for hearing on an order to show cause why the appointment of the spouse as conservator, if the spouse is the conservator, should not be terminated and a new conservator appointed by the court.
(Amended by Stats. 2014, Ch. 913, Sec. 30. (AB 2747) Effective January 1, 2015.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 2 - Order of Preference for Appointment of Conservator › Section 1813.1.

1813.1. (a) (1) The domestic partner of a proposed conservatee may not petition for the appointment of a conservator for a domestic partner or be appointed as conservator of the person or estate of the proposed conservatee unless the petitioner alleges in the petition for appointment as conservator, and the court finds, that the domestic partner has not terminated and is not intending to terminate the domestic partnership as provided in Section 299 of the Family Code. However, if the court finds by clear and convincing evidence that the appointment of a domestic partner who has terminated or is intending to terminate the domestic partnership is in the best interests of the proposed conservatee, the court may appoint the domestic partner.
(2) Prior to making this appointment, the court shall appoint counsel to consult with and advise the conservatee, and to report to the court his or her findings concerning the suitability of appointing the domestic partner as conservator.
(b) The domestic partner of a conservatee shall disclose to the conservator, or if the domestic partner is the conservator, shall notify the court, of the termination of a domestic partnership as provided in Section 299 of the Family Code within 10 days of its occurrence. The court may, upon receipt of the notice, set the matter for hearing on an order to show cause why the appointment of the domestic partner as conservator, if the domestic partner is the conservator, should not be terminated and a new conservator appointed by the court.
(Added by Stats. 2001, Ch. 893, Sec. 16.5. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 3 - Establishment of Conservatorship › Section 1820.

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).
(Amended by Stats. 2001, Ch. 893, Sec. 17. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 3 - Establishment of Conservatorship › Section 1822.

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 shall not shorten the time for giving the notice of hearing under this section.
(b) Notice shall be delivered pursuant to Section 1215 to the following persons:
(1) The spouse, if any, or registered 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 State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as 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 deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the regional center identified in Section 1827.5.
(f) If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and are not nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice shall be delivered pursuant to Section 1215 to the public guardian of the county in which the petition is filed.
(Amended by Stats. 2017, Ch. 319, Sec. 34. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 3 - Establishment of Conservatorship › Section 1823.

1823. (a) If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing.
(b) The citation shall state the legal standards by which the need for a conservatorship is adjudged as stated in Section 1801 and shall state the substance of all of the following:
(1) The proposed conservatee may be adjudged unable to provide for personal needs or to manage financial resources and, by reason thereof, a conservator may be appointed for the person or estate, or both.
(2) Such adjudication may affect or transfer to the conservator the proposed conservatee’s right to contract, in whole or in part, to manage and control property, to give informed consent for medical treatment, and to fix a residence.
(3) (A) The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B) The proposed conservatee shall not be disqualified from voting on the basis that the proposed conservatee does, or would need to do, any of the following to complete an affidavit of voter registration:
(i) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv) Completes the affidavit of voter registration with reasonable accommodations.
(4) The court or a court investigator shall explain the nature, purpose, and effect of the proceeding to the proposed conservatee and shall answer questions concerning the explanation.
(5) The proposed conservatee has the right to appear at the hearing and to oppose the petition, and in the case of an alleged developmentally disabled adult, to oppose the petition in part, by objecting to any or all of the requested duties or powers of the limited conservator.
(6) The proposed conservatee has the right to choose and be represented by legal counsel and has the right to have legal counsel appointed by the court if not otherwise represented by legal counsel.
(7) The proposed conservatee has the right to a jury trial, if desired.
(Amended by Stats. 2022, Ch. 420, Sec. 34. (AB 2960) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 3 - Establishment of Conservatorship › Section 1824.

1824. The citation and a copy of the petition shall be served on the proposed conservatee at least 15 days before the hearing. Service shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such manner as may be authorized by the court. If the proposed conservatee is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 3 - Establishment of Conservatorship › Section 1825.

1825. (a) The proposed conservatee shall be produced at the hearing except in the following cases:
(1) Where the proposed conservatee is out of the state when served and is not the petitioner.
(2) Where the proposed conservatee is unable to attend the hearing by reason of medical inability.
(3) Where the court investigator has reported to the court that the proposed conservatee has expressly communicated that the proposed conservatee (i) is not willing to attend the hearing, (ii) does not wish to contest the establishment of the conservatorship, and (iii) does not object to the proposed conservator or prefer that another person act as conservator, and the court makes an order that the proposed conservatee need not attend the hearing.
(b) If the proposed conservatee is unable to attend the hearing because of medical inability, such inability shall be established (1) by the affidavit or certificate of a licensed medical practitioner or (2) if the proposed conservatee is an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing and is under treatment by an accredited practitioner of that religion, by the affidavit of the practitioner. The affidavit or certificate is evidence only of the proposed conservatee’s inability to attend the hearing and shall not be considered in determining the issue of need for the establishment of a conservatorship.
(c) Emotional or psychological instability is not good cause for the absence of the proposed conservatee from the hearing unless, by reason of such instability, attendance at the hearing is likely to cause serious and immediate physiological damage to the proposed conservatee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 3 - Establishment of Conservatorship › Section 1827.

1827. The court shall hear and determine the matter of the establishment of the conservatorship according to the law and procedure relating to the trial of civil actions, including trial by jury if demanded by the proposed conservatee.
(Amended by Stats. 2000, Ch. 17, Sec. 4.2. Effective January 1, 2001.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 3 - Establishment of Conservatorship › Section 1827.5.

1827.5. (a) In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a regional center as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. The regional center shall submit a written report of its findings and recommendations to the court.
(b) In the case of any proceeding to establish a general conservatorship for a person with developmental disabilities, the regional center, with the consent of the proposed conservatee, may prepare an assessment as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. If an assessment is prepared, the regional center shall submit its findings and recommendations to the court.
(c) (1) A report prepared under subdivision (a) or (b) shall include a description of the specific areas, nature, and degree of disability of the proposed conservatee or proposed limited conservatee. The findings and recommendations of the regional center are not binding upon the court.
(2) In a proceeding where the petitioner is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or a spouse or employee of a provider, is not the natural parent of the proposed conservatee or proposed limited conservatee, and is not a public entity, the regional center shall include a recommendation in its report concerning the suitability of the petitioners to meet the needs of the proposed conservatee or proposed limited conservatee.
(d) At least five days before the hearing on the petition, the regional center shall deliver pursuant to Section 1215 a copy of the report described in subdivision (a) to all of the following:
(1) The proposed limited conservatee.
(2) The attorney, if any, for the proposed limited conservatee.
(3) If the petitioner is not the proposed limited conservatee, the attorney for the petitioner or the petitioner if the petitioner does not have an attorney.
(4) Any other persons as the court orders.
(e) The report referred to in subdivisions (a) and (b) shall be confidential and shall be made available only to parties listed in subdivision (d) unless the court, in its discretion, determines that the release of the report would serve the interests of the conservatee who is developmentally disabled. The clerk of the court shall limit disclosure of the report exclusively to persons entitled under this section.
(Amended by Stats. 2017, Ch. 319, Sec. 36. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 3 - Establishment of Conservatorship › Section 1829.

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 registered domestic partner of the proposed conservatee.
(c) A relative of the proposed conservatee.
(d) Any interested person or friend of the proposed conservatee.
(Amended by Stats. 2006, Ch. 493, Sec. 9. Effective January 1, 2007.)