PART 3. CONSERVATORSHIP [1800. - 2033.]
Part 3 enacted by Stats. 1990, Ch. 79.
§§ 1800–2033 · 134 sections
CHAPTER 1. Establishment of Conservatorship §§ 1800–1849.5 · 39 sections
ARTICLE 1. Persons for Whom Conservator May Be Appointed §§ 1800–1804 · 6 sections
- § 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)…
- § 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…
- § 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…
- § 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…
- § 1803 A conservator of the estate may be appointed for a person who is an absentee as defined in Section 1403.
- § 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.
ARTICLE 2. Order of Preference for Appointment of Conservator §§ 1810–1813.1 · 5 sections
- § 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…
- § 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…
- § 1812 (a) Subject to Sections 1810, 1813, and 1813.1, the selection of a conservator of the person or estate, or both, is solely in the discretion of the court and,…
- § 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…
- § 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…
ARTICLE 3. Establishment of Conservatorship §§ 1820–1836 · 17 sections
- § 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…
- § 1821 (a) (1) The petition shall request that a conservator be appointed for the person or estate, or both, shall specify the name, address, and telephone number of…
- § 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…
- § 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…
- § 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…
- § 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…
- § 1826 (a) Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following: (1) Conduct the following…
- § 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…
- § 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…
- § 1828 (a) Except as provided in subdivision (c), before the establishment of a conservatorship of the person or estate, or both, the court shall inform the proposed…
- § 1828.5 (a) At the hearing on the petition for appointment of a limited conservator for an allegedly developmentally disabled adult, the court shall do each of the…
- § 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…
- § 1830 (a) The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of: (1) The conservator. (2) The…
- § 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…
- § 1835 (a) Every superior court shall provide all conservators with written information concerning a conservator’s rights, duties, limitations, and responsibilities…
- § 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…
- § 1836 (a) Upon appropriation by the Legislature, the Judicial Council shall establish a conservatorship alternatives program within each self-help center in every…
ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee §§ 1840–1844 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person §§ 1845–1849.5 · 6 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2. Periodic Review of Conservatorship §§ 1850–1853 · 9 sections
- § 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…
- § 1850.5 (a) Notwithstanding Section 1850, each limited conservatorship for a developmentally disabled adult, as defined in subdivision (d) of Section 1801, shall be…
- § 1851 (a) (1) If court review is required pursuant to Section 1850 or 1850.5, the court investigator shall, without prior notice to the conservator except as ordered…
- § 1851.1 (a) When a court issues an order provisionally granting a petition under Section 2002, the investigator appointed under Section 2002 shall promptly commence an…
- § 1851.2 Each court shall coordinate investigations with the filing of accountings, so that investigators may review accountings before visiting conservatees, if…
- § 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…
- § 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…
- § 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,…
- § 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…
CHAPTER 3. Termination §§ 1860–1865 · 8 sections
- § 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…
- § 1860.5 (a) A limited conservatorship continues until the authority of the conservator is terminated by one of the following: (1) The death of the limited conservator.…
- § 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…
- § 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…
- § 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…
- § 1863 (a) The court shall hear and determine the matter according to the law and procedure relating to the trial of civil actions, including trial by jury if…
- § 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…
- § 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…
CHAPTER 4. Legal Capacity of Conservatee §§ 1870–1901 · 20 sections
ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate §§ 1870–1876 · 7 sections
- § 1870 As used in this article, unless the context otherwise requires, “transaction” includes, but is not limited to, making a contract, sale, transfer, or…
- § 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)…
- § 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…
- § 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…
- § 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)…
- § 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…
- § 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…
ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment §§ 1880–1898 · 11 sections
- § 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)…
- § 1881 (a) A conservatee shall be deemed unable to give informed consent to any form of medical treatment pursuant to Section 1880 if, for all medical treatments, the…
- § 1890 (a) An order of the court under Section 1880 may be included in the order of appointment of the conservator if the order was requested in the petition for the…
- § 1891 (a) A petition may be filed under this article requesting that the court make an order under Section 1880 or that the court modify or revoke an order made…
- § 1892 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.
- § 1893 The conservatee shall be produced at the hearing except in the following cases: (a) Where the conservatee is out of state when served and is not the…
- § 1894 If the petition alleges that the conservatee is not willing to attend the hearing or upon receipt of an affidavit or certificate attesting to the medical…
- § 1895 (a) The conservatee, the spouse, the domestic partner, a relative, or a friend of the conservatee, the conservator, or any other interested person may appear…
- § 1896 (a) If the court determines that the order requested in the petition is proper, the court shall make the order. (b) The court, in its discretion, may provide…
- § 1897 An order of the court under Section 1880 continues in effect until the earliest of the following times: (1) The time specified in the order, if any. (2) The…
- § 1898 An order of the court under Section 1880 may be modified or revoked upon a petition made, noticed, and heard by the court in the manner provided in this…
ARTICLE 3. Capacity of Conservatee to Marry §§ 1900–1901 · 2 sections
- § 1900 The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter into a registered…
- § 1901 (a) The court may by order determine whether the conservatee has the capacity to enter into a valid marriage, as provided in Part 1 (commencing with Section…
CHAPTER 5. Disqualification From Voting § 1910 · 1 section
- § 1910 (a) If the court determines the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting…
CHAPTER 6. Sterilization §§ 1950–1969 · 21 sections
- § 1950 The Legislature recognizes that the right to exercise choice over matters of procreation is fundamental and may not be denied to an individual on the basis of…
- § 1951 (a) No person who has the ability to consent to his or her sterilization shall be sterilized pursuant to this chapter. (b) For the purposes of this chapter,…
- § 1952 The conservator of an adult, or any person authorized to file a petition for the appointment of a conservator under paragraphs (2) to (5), inclusive, of…
- § 1953 At least 90 days before the hearing on the petition under this chapter, notice of the time and place of the hearing and a copy of the petition shall be served…
- § 1954 In any proceeding under this chapter, if the person named in the petition for court authorization to consent to sterilization has not retained legal counsel…
- § 1954.5 (a) The court shall appoint a facilitator for the person named in the petition, who shall assist the person named in the petition to do all of the following:…
- § 1955 (a) The court shall request the director of the appropriate regional center for the developmentally disabled to coordinate an investigation and prepare and…
- § 1956 The person to whom the petition applies shall be present at the hearing except for reason of medical inability. Emotional or psychological instability is not…
- § 1957 To the greatest extent possible, the court shall elicit and take into account the views of the individual for whom sterilization is proposed in determining…
- § 1958 The court may authorize the conservator of a person proposed to be sterilized to consent to the sterilization of that person only if the court finds that the…
- § 1959 The fact that, due to the nature or severity of his or her disability, a person for whom an authorization to consent to sterilization is sought may be…
- § 1960 If the person named in the petition already has a conservator, the court may authorize that person to consent to sterilization or may appoint another person as…
- § 1961 A sterilization procedure authorized under this chapter shall not include hysterectomy or castration. However, if the report prepared under Section 1955…
- § 1962 (a) Any court order granting a petition under this chapter shall be accompanied by a written statement of decision pursuant to Section 632 of the Code of Civil…
- § 1963 (a) At the conclusion of the hearing, the court, after inquiring into financial ability, may make an order based upon their ability that any one or more of the…
- § 1964 An order of the court authorizing a conservator to consent to sterilization which is upheld on appeal automatically expires in one year from the final…
- § 1965 Any court order made pursuant to this chapter granting authority to consent to sterilization shall be stayed pending a final determination on appeal.
- § 1966 After the filing of a first petition for sterilization pursuant to this chapter and a determination by the court that any one or more of the conditions…
- § 1967 (a) The sterilization of a person in accordance with this chapter does not render the petitioner or any person participating in the conservatorship proceedings…
- § 1968 This chapter does not prohibit medical treatment or surgery required for other medical reasons and in which sterilization is an unavoidable or medically…
- § 1969 Nothing in this chapter shall infringe on the right of persons with developmental disabilities who are capable of giving consent to sterilization to give that…
CHAPTER 7. Unwarranted Petitions § 1970 · 1 section
- § 1970 (a) The Legislature finds that unwarranted petitions, applications, or motions other than discovery motions after a conservatorship has been established create…
CHAPTER 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act §§ 1980–2033 · 35 sections
ARTICLE 1. General Provisions §§ 1980–1986 · 7 sections
- § 1980 (a) By enacting this chapter, it is the Legislature’s intent to enact a modified version of the Uniform Adult Guardianship and Protective Proceedings…
- § 1981 (a) (1) This chapter does not apply to a minor, regardless of whether the minor is or was married. (2) This chapter does not apply to any proceeding in which a…
- § 1982 In this chapter: (a) “Adult” means an individual who has attained 18 years of age. (b) “Conservatee” means an adult for whom a conservator of the estate, a…
- § 1983 A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5.
- § 1984 (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to…
- § 1985 (a) In a conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1)…
- § 1986 (a) In a conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be…
ARTICLE 2. Jurisdiction §§ 1991–1999 · 9 sections
- § 1991 (a) In this article: (1) “Emergency” means a circumstance that likely will result in substantial harm to a proposed conservatee’s health, safety, or welfare,…
- § 1992 For a conservatorship proceeding governed by this article, this article provides the exclusive basis for determining whether the courts of this state, as…
- § 1993 (a) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if this state is the proposed conservatee’s home state. (b) A…
- § 1994 (a) A court of this state lacking jurisdiction under subdivisions (a) to (e), inclusive, of Section 1993 has special jurisdiction to do any of the following:…
- § 1995 Except as otherwise provided in Section 1994, a court that has appointed a conservator consistent with this chapter has exclusive and continuing jurisdiction…
- § 1996 (a) (1) A court of this state having jurisdiction under Section 1993 to appoint a conservator may decline to exercise its jurisdiction if it determines at any…
- § 1997 (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a conservator because of unjustifiable conduct, the court may do…
- § 1998 If a petition for the appointment of a conservator of the person, conservator of the estate, or conservator of the person and estate is brought in this state…
- § 1999 Except for a petition for the appointment of a conservator under paragraph (1) or paragraph (2) of subdivision (a) of Section 1994, if a petition for the…
ARTICLE 3. Transfer of Conservatorship §§ 2001–2003 · 3 sections
- § 2001 (a) A conservator appointed in this state may petition the court to transfer the conservatorship to another state. (b) The petitioner shall give notice of a…
- § 2002 (a) (1) To confirm transfer of a conservatorship transferred to this state under provisions similar to Section 2001, the conservator shall petition the court…
- § 2003 If a conservatorship is transferred under this article from a court of this state to the court of a California tribe or from the court of a California tribe to…
ARTICLE 4. Registration and Recognition of Orders from Other States §§ 2011–2019 · 9 sections
- § 2011 If a conservator of the person has been appointed in another state and a petition for the appointment of a conservator of the person is not pending in this…
- § 2012 If a conservator of the estate has been appointed in another state and a petition for a conservatorship of the estate is not pending in this state, the…
- § 2013 If a conservator of the person and estate has been appointed in another state and a petition for a conservatorship of the person, conservatorship of the…
- § 2014 (a) At least 15 days before registering a conservatorship in this state, the conservator shall provide notice of an intent to register to all of the following:…
- § 2015 Upon registration of a conservatorship pursuant to this article, the court shall provide the conservator with written information concerning a conservator’s…
- § 2016 (a) Upon registration of a conservatorship order from another state and the filing by the conservator of an acknowledgment of receipt of the written…
- § 2017 (a) A third person who acts in good faith reliance on a conservatorship order registered under this article is not liable to any person for so acting if all of…
- § 2018 (a) A file-stamped copy of the registration documents required by Section 2011, 2012, or 2013 may be recorded in the office of any county recorder in this…
- § 2019 Notwithstanding any other provision of this article: (a) A conservatorship order of a court of a California tribe can be registered under Section 2011, 2012,…
ARTICLE 5. Miscellaneous Provisions §§ 2021–2024 · 4 sections
- § 2021 In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among…
- § 2022 This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (Title 15 (commencing with Section 7001) of…
- § 2023 (a) On or before January 1, 2016, the Judicial Council shall develop court rules and forms as necessary for the implementation of this chapter. (b) The…
- § 2024 (a) This chapter applies to conservatorship proceedings begun on or after January 1, 2016. (b) Articles 1, 3, and 4 and Sections 2021 and 2022 apply to…
ARTICLE 6. Federally Recognized Indian Tribe §§ 2031–2033 · 3 sections
- § 2031 For the purposes of this chapter: (a) “California tribe” means an Indian tribe with jurisdiction that has tribal land located in California. (b) “Indian tribe…
- § 2032 Article 2 (commencing with Section 1991) does not apply to a proposed conservatee who is a member of an Indian tribe with jurisdiction.
- § 2033 (a) If a petition for the appointment of a conservator has been filed in a court of this state and a conservator has not yet been appointed, any person…