reglab/statecodes huggingface dataset:
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 1830.

1830. (a) The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of:
(1) The conservator.
(2) The conservatee’s attorney, if any.
(3) The court investigator, if any.
(b) In the case of a limited conservator for a developmentally disabled adult, any order the court issues shall include the findings of the court specified in Section 1828.5. The order shall specify the powers granted to and duties imposed upon the limited conservator, which powers and duties shall not exceed the powers and duties applicable to a conservator under this code. The order shall also specify all of the following:
(1) The properties of the limited conservatee to which the limited conservator is entitled to possession and management, giving a description of the properties that will be sufficient to identify them.
(2) The debts, rentals, wages, or other claims due to the limited conservatee which the limited conservator is entitled to collect, or file suit with respect to, if necessary, and thereafter to possess and manage.
(3) The contractual or other obligations which the limited conservator may incur on behalf of the limited conservatee.
(4) The claims against the limited conservatee which the limited conservator may pay, compromise, or defend, if necessary.
(5) Any other powers, limitations, or duties with respect to the care of the limited conservatee or the management of the property specified in this subdivision by the limited conservator which the court shall specifically and expressly grant.
(c) An information notice of the rights of conservatees shall be attached to the order. The conservator shall deliver pursuant to Section 1215 the order and the attached information notice to the conservatee and the conservatee’s relatives, as set forth in subdivision (b) of Section 1821, within 30 days of the issuance of the order. By January 1, 2008, the Judicial Council shall develop the notice required by this subdivision.
(Amended by Stats. 2017, Ch. 319, Sec. 37. (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 1834.

1834. (a) Before letters are issued in a conservatorship that originates in this state or a conservatorship that is transferred to this state under Chapter 8 (commencing with Section 1980), the conservator (other than a trust company or a public conservator) shall file an acknowledgment of receipt of (1) a statement of duties and liabilities of the office of conservator, and (2) a copy of the conservatorship information required under Section 1835. The acknowledgment and the statement shall be in the form prescribed by the Judicial Council.
(b) The court may by local rules require the acknowledgment of receipt to include the conservator’s birth date and driver’s license number, if any, provided that the court ensures their confidentiality.
(c) The statement of duties and liabilities prescribed by the Judicial Council shall not supersede the law on which the statement is based.
(Amended by Stats. 2014, Ch. 553, Sec. 7. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
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 1835.

1835. (a) Every superior court shall provide all conservators with written information concerning a conservator’s rights, duties, limitations, and responsibilities under this division.
(b) The information to be provided shall include, but need not be limited to, the following:
(1) The rights, duties, limitations, and responsibilities of a conservator.
(2) The rights of a conservatee.
(3) How to assess the needs and preferences of the conservatee.
(4) How to use community-based services to meet the needs of the conservatee.
(5) How to ensure that the conservatee is provided with the least restrictive possible environment.
(6) The court procedures and processes relevant to conservatorships.
(7) The procedures for inventory and appraisal, and the filing of accounts.
(8) Procedures to petition to terminate or modify the conservatorship.
(9) The conservator’s obligations pursuant to Section 2113.
(c) An information package shall be developed by the Judicial Council, after consultation with the following organizations or individuals:
(1) The California State Association of Public Administrators, Public Guardians, and Public Conservators, or other comparable organizations.
(2) The State Bar.
(3) Individuals or organizations, approved by the Judicial Council, who represent court investigators, specialists with experience in performing assessments and coordinating community-based services, and legal services programs for the elderly.
(d) The failure of any court or any employee or agent thereof, to provide information to a conservator as required by this section does not:
(1) Relieve the conservator of any of the conservator’s duties as required by this division.
(2) Make the court or the employee or agent thereof, liable, in either a personal or official capacity, for damages to a conservatee, conservator, the conservatorship of a person or an estate, or any other person or entity.
(e) The information package shall be made available to individual courts. The Judicial Council shall periodically update the information package when changes in the law warrant revision. The revisions shall be provided to individual courts.
(f) To cover the costs of providing the written information required by this section, a court may charge each private conservator a fee of twenty dollars ($20) which shall be distributed to the court in which it was collected.
(Amended by Stats. 2022, Ch. 894, Sec. 8. (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 3 - Establishment of Conservatorship › Section 1835.5.

1835.5. (a) Within 30 days of the establishment of a conservatorship under this division, and annually thereafter, the superior court shall provide information to a conservatee under its jurisdiction, written in plain language, with a list of the conservatee’s rights within the conservatorship.
(b) The information to be provided shall include, but need not be limited to, all of the following:
(1) The name and contact information of the conservator.
(2) A description of the conservatorship, including the rights the conservatee retains under the conservatorship.
(3) The role, duties, and contact information, including name, telephone number, address, and email address, of the court investigator and the court alternatives program.
(4) The person to petition to end or change the conservatorship and contact information for the person to contact to begin that process.
(5) A personalized list of rights that the conservatee retains, even under the conservatorship, including the rights to do all of the following:
(A) Directly receive and control their own salary.
(B) Make or change their will.
(C) Get married.
(D) Receive mail.
(E) Have visits from family and friends.
(F) Have a lawyer.
(G) Ask a judge to change conservators.
(H) Ask a judge to end the conservatorship.
(I) Vote, unless expressly withheld by the court.
(J) Control personal spending money if a judge permits an allowance to be paid directly to the conservatee.
(K) Make their own health care decisions.
(L) Enter into business transactions to provide for the conservatee’s basic needs and those of their children.
(M) Participate in other activities the court allows when the conservator is appointed, or when the court order later grants that right at the conservatee’s request.
(6) The personalized list of rights in paragraph (5) shall state which rights, if any, were expressly withheld by the court.
(Added by Stats. 2022, Ch. 894, Sec. 9. (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 3 - Establishment of Conservatorship › Section 1836.

1836. (a) Upon appropriation by the Legislature, the Judicial Council shall establish a conservatorship alternatives program within each self-help center in every state Superior Court.
(b) The purposes of the conservatorship alternatives program are:
(1) To provide information relating to less restrictive alternatives to conservatorship, including, but not limited to, supported decisionmaking agreements, as defined in Section 21001 of the Welfare and Institutions Code, to interested individuals.
(2) To educate interested individuals on less restrictive alternatives to conservatorship that may be appropriate, and to provide assistance in considering and implementing those alternatives.
(c) Each court’s conservatorship alternatives program shall include staff who provide information and resources to interested individuals about less restrictive alternatives to conservatorship.
(d) The conservatorship alternatives program shall operate as follows:
(1) Any interested individual who contacts a superior court self-help center to inquire about conservatorship proceedings or to request documents to petition for a conservatorship shall be advised of the conservatorship alternatives program.
(2) The conservatorship alternatives program shall be a component of each superior court’s self-help center.
(3) Conservatorship alternatives program staff shall be trained in less restrictive alternatives to conservatorship and shall be available to meet, through in-person or remote means, with interested individuals to provide education and resources on supported decisionmaking agreements and other less restrictive alternatives to conservatorship, and to provide resources to assist people who wish to implement or establish those alternatives.
(4) Conservatorship alternatives program staff shall be able to provide the following to interested individuals:
(A) Practical resources, information, and documents to establish and implement alternatives to conservatorship, including powers of attorney, advance health care directives, and supported decisionmaking agreements.
(B) Technical support and education on these alternatives, including assistance in filling out any associated paperwork and in understanding these alternatives.
(5) Interactions or communication with the CAP Program shall not be used as evidence of incapacity or introduced for any other reason in a conservatorship proceeding under this division unless introduced by the conservatee or proposed conservatee.
(Added by Stats. 2022, Ch. 894, Sec. 10. (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 4 - Special Provisions Applicable Where Proposed Conservatee Is an Absentee › Section 1840.

1840. Except as otherwise provided in this article, a conservator for an absentee (Section 1403) shall be appointed as provided in Article 3 (commencing with Section 1820) of this chapter or Article 3 (commencing with Section 2001) of Chapter 8.
(Amended by Stats. 2014, Ch. 553, Sec. 8. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 4 - Special Provisions Applicable Where Proposed Conservatee Is an Absentee › Section 1841.

1841. In addition to the other required contents of the petition, if the proposed conservatee is an absentee:
(a) The petition, and any notice required by Section 1822 or 2002, or any other law, shall set forth the last known military rank or grade and the social security account number of the proposed conservatee.
(b) The petition shall state whether the absentee’s spouse has commenced any action or proceeding against the absentee for judicial or legal separation, dissolution of marriage, annulment, or adjudication of nullity of their marriage.
(Amended by Stats. 2014, Ch. 553, Sec. 9. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 4 - Special Provisions Applicable Where Proposed Conservatee Is an Absentee › Section 1842.

1842. In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of the petition and notice of the time and place of the hearing shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the secretary concerned or to the head of the United States department or agency concerned, as the case may be. In that case, notice shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the hearing will be held.
(Amended by Stats. 2017, Ch. 319, Sec. 38. (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 4 - Special Provisions Applicable Where Proposed Conservatee Is an Absentee › Section 1843.

1843. (a) No citation is required under Section 1823 to the proposed conservatee if the proposed conservatee is an absentee.
(b) No notice is required under Section 2002 to the proposed conservatee if the proposed conservatee is an absentee.
(Amended by Stats. 2014, Ch. 553, Sec. 11. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 4 - Special Provisions Applicable Where Proposed Conservatee Is an Absentee › Section 1844.

1844. (a) In a proceeding to appoint a conservator for an absentee under Article 3 (commencing with Section 1820) of this chapter or Article 3 (commencing with Section 2001) of Chapter 8, an official written report or record complying with Section 1283 of the Evidence Code that a proposed conservatee is an absentee shall be received as evidence of that fact and the court shall not determine the status of the proposed conservatee inconsistent with the status determined as shown by the written report or record.
(b) The inability of the proposed conservatee to attend the hearing is established by the official written report or record referred to in subdivision (a).
(Amended by Stats. 2014, Ch. 553, Sec. 12. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 5 - Special Provisions Applicable Where Proposed Conservatee Is a Missing Person › Section 1845.

1845. (a) Except as otherwise provided in this article, a conservator of the estate of a person who is missing and whose whereabouts is unknown shall be appointed as provided in Article 3 (commencing with Section 1820) of this chapter or Article 3 (commencing with Section 2001) of Chapter 8.
(b) This article does not apply where the proposed conservatee is an absentee as defined in Section 1403.
(Amended by Stats. 2014, Ch. 553, Sec. 13. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 5 - Special Provisions Applicable Where Proposed Conservatee Is a Missing Person › Section 1846.

1846. In addition to the other required contents of the petition, if the proposed conservatee is a person who is missing and whose whereabouts is unknown, the petition shall state all of the following:
(a) The proposed conservatee owns or is entitled to the possession of real or personal property located in this state. In a proceeding to transfer a conservatorship of a missing person to this state under Article 3 (commencing with Section 2001) of Chapter 8, this requirement is also satisfied if the petition states that the proposed conservatee owns or is entitled to the possession of personal property that is to be relocated to this state upon approval of the transfer.
(b) The time and circumstance of the person’s disappearance and that the missing person has not been heard from by the persons most likely to hear (naming them and their relationship to the missing person) since the time of disappearance and that the whereabouts of the missing person is unknown to those persons and to the petitioner.
(c) The last known residence of the missing person.
(d) A description of any search or inquiry made concerning the whereabouts of the missing person.
(e) A description of the estate of the proposed conservatee which requires attention, supervision, and care.
(Amended by Stats. 2014, Ch. 553, Sec. 14. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 5 - Special Provisions Applicable Where Proposed Conservatee Is a Missing Person › Section 1847.

1847. In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is missing and whose whereabouts is unknown:
(a) A copy of the petition for appointment of a conservator and notice of the time and place of the hearing on the petition shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the proposed conservatee at the last known address of the proposed conservatee.
(b) Notice of the time and place of the hearing shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proposed conservatee was last known to reside if the proposed conservatee’s last known address is in this state.
(c) Pursuant to Section 1202, the court may require that further or additional notice of the hearing be given.
(Amended by Stats. 2017, Ch. 319, Sec. 39. (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 5 - Special Provisions Applicable Where Proposed Conservatee Is a Missing Person › Section 1848.

1848. (a) In a proceeding under Article 3 (commencing with Section 1820) to appoint a conservator of the estate of a person who is missing and whose whereabouts is unknown, the following acts are not required:
(1) Issuance of a citation to the proposed conservatee pursuant to Section 1823.
(2) Service of a citation and petition pursuant to Section 1824.
(3) Production of the proposed conservatee at the hearing pursuant to Section 1825.
(4) Performance of the duties of the court investigator pursuant to Section 1826.
(5) Performance of any other act that depends upon knowledge of the location of the proposed conservatee.
(b) In a proceeding to transfer a conservatorship of a missing person to this state under Article 3 (commencing with Section 2001) of Chapter 8, the following acts are not required:
(1) Notice to the proposed conservatee pursuant to Section 2002.
(2) Production of the proposed conservatee at the hearings pursuant to Section 2002.
(3) Performance of the duties of the court investigator pursuant to Section 1851.1.
(4) Performance of any other act that depends upon knowledge of the location of the proposed conservatee.
(Amended by Stats. 2014, Ch. 553, Sec. 16. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 5 - Special Provisions Applicable Where Proposed Conservatee Is a Missing Person › Section 1849.

1849. A conservator of the estate of a person who is missing and whose whereabouts is unknown may be appointed only if the court finds all of the following:
(a) The proposed conservatee owns or is entitled to the possession of real or personal property located in this state. In a proceeding to transfer a conservatorship of a missing person to this state under Article 3 (commencing with Section 2001) of Chapter 8, this requirement is also satisfied if the court finds that the proposed conservatee owns or is entitled to the possession of personal property that is to be relocated to this state upon approval of the transfer.
(b) The proposed conservatee remains missing and his or her whereabouts remains unknown.
(c) The estate of the proposed conservatee requires attention, supervision, and care.
(Amended by Stats. 2014, Ch. 553, Sec. 17. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 1 - Establishment of Conservatorship › ARTICLE 5 - Special Provisions Applicable Where Proposed Conservatee Is a Missing Person › Section 1849.5.

1849.5. (a) A petition may be filed under this article regardless of when the proposed conservatee became missing or how long the proposed conservatee has been missing.
(b) If a trustee was appointed pursuant to former Section 262, repealed by Chapter 201 of the Statutes of 1983, the provisions of former Sections 260 to 272, inclusive, repealed by Chapter 201 of the Statutes of 1983, continue to apply to the case after December 31, 1983, unless, upon a petition filed under this article after December 31, 1983, the trustee is replaced by a conservator.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 2 - Periodic Review of Conservatorship › Section 1850.

1850. (a) Except as provided in subdivision (e), each conservatorship established pursuant to this part shall be reviewed by the court as follows:
(1) Six months after the initial appointment of the conservator, the court investigator shall visit the conservatee, conduct an investigation as provided in subdivision (a) of Section 1851, and report to the court regarding the appropriateness of the conservatorship and whether the conservator is acting in the best interests of the conservatee regarding the conservatee’s placement, quality of care, including physical and mental health treatment, and finances. In response to the investigator’s report, the court may take appropriate action including, but not limited to, ordering a hearing or ordering the conservator to submit an accounting pursuant to subdivision (a) of Section 2620.
(2) One year after the initial appointment of the conservator and annually thereafter, the court investigator shall, as provided in Section 1851, visit the conservatee, conduct an investigation, including, when possible, discussing with the conservatee less restrictive alternatives to conservatorship as set forth in Section 1800.3, and report the findings of the investigation to the court, including whether the conservator or conservatee wishes to modify or terminate the conservatorship and whether less restrictive alternatives could be tried. On receipt of the investigator’s report, the court shall, if indicated by the report, consider promptly terminating or modifying the conservatorship at a hearing pursuant to Section 1860.5 or 1863 and take any other appropriate action.
(b) At any time, the court may, on its own motion or upon request by any interested person, take appropriate action including, but not limited to, ordering a review of the conservatorship at a noticed hearing or ordering the conservator to submit an accounting pursuant to Section 2620.
(c) Notice of a review hearing pursuant to this section shall be given to the persons, for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(d) This chapter does not apply to either of the following:
(1) A conservatorship for an absentee as defined in Section 1403.
(2) A conservatorship of the estate for a nonresident of this state where the conservatee is not present in this state.
(e) (1) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
(2) A superior court shall not be required to perform any duties imposed pursuant to the measure that added this paragraph until the Legislature makes an appropriation identified for this purpose.
(Amended by Stats. 2022, Ch. 894, Sec. 11. (AB 1663) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 2 - Periodic Review of Conservatorship › Section 1850.5.

1850.5. (a) Notwithstanding Section 1850, each limited conservatorship for a developmentally disabled adult, as defined in subdivision (d) of Section 1801, shall be reviewed by the court one year after the appointment of the conservator and biennially thereafter.
(b) The court may, on its own motion or upon request by any interested person, take appropriate action, including, but not limited to, ordering a review of the limited conservatorship at a noticed hearing, at any time.
(c) At any review pursuant to this section, the court shall consider terminating the limited conservatorship, as provided in Section 1860.5.
(d) Notice of a review hearing pursuant to this section shall be given to the persons, for the period and in the manner provided in subdivision (d) of Section 1860.5.
(e) (1) A superior court shall not be required to perform any duties imposed by this section until the Legislature makes an appropriation identified for this purpose.
(2) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by the measure that added this paragraph until the Legislature makes an appropriation identified for this purpose.
(Amended by Stats. 2021, Ch. 417, Sec. 9. (AB 1194) Effective January 1, 2022.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 2 - Periodic Review of Conservatorship › Section 1851.2.

1851.2. Each court shall coordinate investigations with the filing of accountings, so that investigators may review accountings before visiting conservatees, if feasible.
(Added by Stats. 2007, Ch. 553, Sec. 10. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 2 - Periodic Review of Conservatorship › Section 1851.5.

1851.5. Each court shall assess each conservatee in the county for any investigation or review conducted by a court investigator with respect to that person. Subject to Section 68631 of the Government Code, the court may order reimbursement to the court for the amount of the assessment, unless the court finds that all or any part of the assessment would impose a hardship on conservatee or the conservatee’s estate. There shall be a rebuttable presumption that the assessment would impose a hardship if the conservatee is receiving Medi-Cal benefits.
(Amended by Stats. 2014, Ch. 913, Sec. 30.5. (AB 2747) Effective January 1, 2015.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 2 - Periodic Review of Conservatorship › Section 1851.6.

1851.6. (a) Any interested person, as defined in Section 48 or any person entitled to receive notice pursuant to Section 1822, if they have personal knowledge of a conservatee, may petition the court to investigate an allegation of abuse, as defined by Section 15610.07 of the Welfare and Institutions Code, of the conservatee by a conservator. The court shall investigate all such allegations that establish a prima facie case of abuse. If the court investigator has performed an investigation within the preceding six months and reported the results of that investigation to the court, the court may order, upon good cause shown, that a new investigation is not necessary or that a more limited investigation is sufficient.
(b) A superior court shall not be required to perform any duties imposed pursuant to this section until the Legislature makes an appropriation identified for this purpose.
(Added by Stats. 2021, Ch. 417, Sec. 12. (AB 1194) Effective January 1, 2022.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 2 - Periodic Review of Conservatorship › Section 1852.

1852. If the conservatee wishes to petition the court for termination of the conservatorship or for removal of the existing conservator or for the making, modification, or revocation of a court order under Chapter 4 (commencing with Section 1870) or for restoration of the right to register to vote, or if, based on information contained in the court investigator’s report or obtained from any other source, the court determines that a trial or hearing for termination of the conservatorship or removal of the existing conservator is in the best interests of the conservatee, the court shall notify the attorney of record for the conservatee, if any, or shall appoint the public defender or private counsel under Section 1471, to file the petition and represent the conservatee at the trial or hearing and, if such appointment is made, Section 1472 applies.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 2 - Periodic Review of Conservatorship › Section 1853.

1853. (a) If the court investigator is unable to locate the conservatee, the court shall order the court investigator to serve notice upon the conservator of the person, or upon the conservator of the estate if there is no conservator of the person, in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as is ordered by the court, to make the conservatee available for the purposes of Section 1851 to the court investigator within 15 days of the receipt of such notice or to show cause why the conservatorship should not be terminated.
(b) If the conservatee is not made available within the time prescribed, unless good cause is shown for not doing so, the court shall make such a finding and shall enter judgment terminating the conservatorship and, in case of a conservatorship of the estate, shall order the conservator to file an account and to surrender the estate to the person legally entitled thereto. 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.
(c) Termination of the conservatorship under this section does not preclude institution of new proceedings for the appointment of a conservator. Nothing in this section limits the power of a court to appoint a temporary conservator under Chapter 3 (commencing with Section 2250) of Part 4.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 3 - Termination › Section 1860.

1860. (a) A conservatorship continues until terminated by the death of the conservatee or by order of the court pursuant to Section 1863, subject to Section 2467 and Article 4 (commencing with Section 2630) of Chapter 7 of Part 4, and except as otherwise provided by law.
(b) At a hearing under Section 1850 or a hearing on a petition to terminate a conservatorship under Section 1861, the court shall proceed as provided in Section 1863.
(c) If a conservatorship is established for the person of a married minor, the conservatorship does not terminate automatically if the marriage is dissolved or is adjudged a nullity.
(d) This section does not apply to limited conservatorships.
(e) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by the measure that added this subdivision until the Legislature makes an appropriation identified for this purpose.
(Amended by Stats. 2021, Ch. 417, Sec. 13. (AB 1194) Effective January 1, 2022.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 3 - Termination › Section 1861.

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 relative or friend of the conservatee or other interested person.
(b) The petition shall state facts showing that the conservatorship is no longer required.
(Amended by Stats. 2001, Ch. 893, Sec. 21. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 3 - Termination › Section 1861.5.

1861.5. Upon the receipt of a communication from the conservatee that the conservatee wishes to terminate the conservatorship, a court shall appoint counsel for the conservatee and set a hearing for the termination of the conservatorship when either of the following conditions apply:
(a) There has not been a hearing for the termination of the conservatorship within the 12 months preceding the communication from the conservatee.
(b) The court believes there is good cause to set a hearing for the termination of the conservatorship.
(Added by Stats. 2022, Ch. 894, Sec. 13. (AB 1663) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 3 - Termination › Section 1862.

1862. (a) Notice of the hearing to consider the termination of the conservatorship shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(b) If the court sets a hearing pursuant to paragraph (2) of subdivision (a) of Section 1850 and no petition is filed, the court shall order the conservator to give notice of the hearing as provided in subdivision (a), and to appear at the hearing and show cause why the conservatorship should not be terminated.
(Amended by Stats. 2021, Ch. 417, Sec. 15. (AB 1194) Effective January 1, 2022.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 3 - Termination › Section 1864.

1864. (a) In the case of the conservatorship of an absentee as defined in Section 1403, the petition to terminate the conservatorship may also be filed by any officer or agency of this state or of the United States or the authorized delegate thereof.
(b) If the petition states and the court determines that the absentee has returned to the controllable jurisdiction of the military department or civilian department or agency concerned, or is deceased, as determined under 37 United States Code, Section 556, or 5 United States Code, Section 5566, as the case may be, the court shall order the conservatorship terminated. An official written report or record of such military department or civilian department or agency that the absentee has returned to such controllable jurisdiction or is deceased shall be received as evidence of such fact.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 3 - Termination › Section 1865.

1865. If the conservatee has been disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code, upon termination of the conservatorship, the court shall notify the county elections official of the county of residence of the former conservatee that the former conservatee’s right to register to vote is restored.
(Amended by Stats. 2002, Ch. 221, Sec. 80. Effective January 1, 2003.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 4 - Legal Capacity of Conservatee › ARTICLE 1 - Capacity to Bind or Obligate Conservatorship Estate › Section 1870.

1870. As used in this article, unless the context otherwise requires, “transaction” includes, but is not limited to, making a contract, sale, transfer, or conveyance, incurring a debt or encumbering property, making a gift, delegating a power, and waiving a right.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 4 - Legal Capacity of Conservatee › ARTICLE 1 - Capacity to Bind or Obligate Conservatorship Estate › Section 1871.

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 of the Family Code, to the domestic partner of the conservatee.
(Amended by Stats. 2001, Ch. 893, Sec. 23. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 4 - Legal Capacity of Conservatee › ARTICLE 1 - Capacity to Bind or Obligate Conservatorship Estate › Section 1872.

1872. (a) Except as otherwise provided in this article, the appointment of a conservator of the estate is an adjudication that the conservatee lacks the legal capacity to enter into or make any transaction that binds or obligates the conservatorship estate.
(b) Except as otherwise provided in the order of the court appointing a limited conservator, the appointment does not limit the legal capacity of the limited conservatee to enter into transactions or types of transactions.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 4 - Legal Capacity of Conservatee › ARTICLE 1 - Capacity to Bind or Obligate Conservatorship Estate › Section 1873.

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 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 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 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.
(Amended by Stats. 2001, Ch. 893, Sec. 24. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 4 - Legal Capacity of Conservatee › ARTICLE 1 - Capacity to Bind or Obligate Conservatorship Estate › Section 1874.

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.
(Amended by Stats. 2001, Ch. 893, Sec. 25. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 4 - Legal Capacity of Conservatee › ARTICLE 1 - Capacity to Bind or Obligate Conservatorship Estate › Section 1875.

1875. A transaction that affects real property of the conservatorship estate, entered into by a person acting in good faith and for a valuable consideration and without knowledge of the establishment of the conservatorship, is not affected by any provision of this article or any order made under this article unless a notice of the establishment of the conservatorship or temporary conservatorship has been recorded prior to the transaction in the county in which the property is located.
(Amended by Stats. 1991, Ch. 82, Sec. 20. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 4 - Legal Capacity of Conservatee › ARTICLE 1 - Capacity to Bind or Obligate Conservatorship Estate › Section 1876.

1876. The provisions of this article relating to the legal capacity of a conservatee to bind or obligate the conservatorship estate, and the provisions of any order of the court broadening such capacity, do not displace but are supplemented by general principles of law and equity relating to transactions including, but not limited to, capacity to contract, joinder or consent requirements, estoppel, fraud, misrepresentation, duress, coercion, mistake, or other validating or invalidating cause.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 3 - CONSERVATORSHIP › CHAPTER 4 - Legal Capacity of Conservatee › ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment › Section 1880.

1880. If the court determines that there is no form of medical treatment for which the conservatee has the capacity to give an informed consent, the court shall (1) adjudge that the conservatee lacks the capacity to give informed consent for medical treatment and (2) by order give the conservator of the person the powers specified in Section 2355. If an order is made under this section, the letters shall include a statement that the conservator has the powers specified in Section 2355.
(Enacted by Stats. 1990, Ch. 79.)