Bill Text: CA SB724 | 2021-2022 | Regular Session | Amended
Bill Title: Guardianships and conservatorships.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - Died on file pursuant to Joint Rule 56. [SB724 Detail]
Download: California-2021-SB724-Amended.html
Amended
IN
Senate
April 05, 2021 |
Introduced by Senator Allen |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
The
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1051 of the Probate Code is amended to read:1051.
(a) In the absence of a stipulation to the contrary between parties who have filed pleadings in a proceeding under this code, there shall be no ex parte communications between any party, or attorney for the party, and the court concerning a subject raised in those pleadings, except as permitted or required by law.(d)Subdivisions (a) and (b) of this section shall become operative on January 1, 2008.
(e)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.
SECTION 1.SEC. 2.
Section 1471 of the Probate Code is amended to read:1471.
(a) If a conservatee, proposed conservatee, or person alleged to lack legal capacity is unable to retain legal counsel and requests the appointment of counsel to assist in the particular matter, whether or not that person lacks or appears to lack legal capacity, the court shall, at or before the time of the hearing, appoint the public defender or private counsel to represent theSEC. 3.
Section 1826 of the Probate Code is amended to read:1826.
(a) Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:(h)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.
SEC. 4.
Section 1850 of the Probate Code is amended to read:1850.
(a) Except as provided in subdivision (b), each conservatorship initiated pursuant to this part shall be reviewed by the court as follows:(e)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2007.
(f)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 2006 until the Legislature makes an appropriation identified for this
purpose.
SEC. 5.
Section 1850.5 of the Probate Code is amended to read: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.(c)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.
SEC. 6.
Section 1851 of the Probate Code is amended to read:1851.
(a) (1) If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:(f)A superior court is not 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.
SEC. 7.
Section 2250 of the Probate Code is amended to read:2250.
(a) On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of:(l)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 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 8.
Section 2250.4 of the Probate Code is amended to read:2250.4.
The proposed temporary conservatee shall attend the hearing except in the following cases:(e)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.
SEC. 9.
Section 2250.6 of the Probate Code is amended to read:2250.6.
(a) Regardless of whether the proposed temporary conservatee attends the hearing, the court investigator shall do all of the following prior to the hearing, unless it is not feasible to do so, in which case the court investigator shall comply with the requirements set forth in subdivision (b):(e)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.
SEC. 10.
Section 2253 of the Probate Code is amended to read:2253.
(a) If a temporary conservator of the person proposes to fix the residence of the conservatee at a place other than that where the conservatee resided prior to the commencement of the proceedings, that power shall be requested of the court in writing, unless the change of residence is required of the conservatee by a prior court order. The request shall be filed with the petition for temporary conservatorship or, if a temporary conservatorship has already been established, separately. The request shall specify in particular the place to which the temporary conservator proposes to move the conservatee, and the precise reasons why it is believed that the conservatee will suffer irreparable harm if the change of residence is not permitted, and why(i)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 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 11.
Section 2620 of the Probate Code is amended to read:2620.
(a) At the expiration of one year from the time of appointment and thereafter not less frequently than biennially, unless otherwise ordered by the court to be more frequent, the guardian or conservator shall present the accounting of the assets of the estate of the ward or conservatee to the court for settlement and allowance in the manner provided in Chapter 4 (commencing with Section 1060) of Part 1 of Division 3. By January 1, 2008, the Judicial Council, in consultation with the California Judges Association, the California Association of Superior Court Investigators, the California State Association of Public Administrators, Public Guardians, and Public Conservators, the State Bar of California, and the California Society of Certified Public Accountants, shall develop a standard accounting form, a simplified accounting form, and rules for when the simplified accounting form may be used. After January 1, 2008, all accountings submitted pursuant to this section shall be submitted on the Judicial Council form.(f)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 2006
until the Legislature makes an appropriation identified for this purpose.