Chapter 2 - Periodic Review of Conservatorship

California Probate Code — §§ 1850-1853

Sections (9)

Amended by Stats. 2022, Ch. 894, Sec. 11. (AB 1663) Effective January 1, 2023.

(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.

§ 1850.5

Amended by Stats. 2021, Ch. 417, Sec. 9. (AB 1194) Effective January 1, 2022.

(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.

§ 1851

Amended by Stats. 2021, Ch. 417, Sec. 10. (AB 1194) Effective January 1, 2022.

(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 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:

(A) If

the conservatee wishes the court

to terminate the conservatorship.

(B) If the conservatee wishes the court to remove the conservator and appoint a successor conservator.

(i)The conservatee still meets the criteria for appointment of a conservator of the person under subdivision (a) of Section 1801, a conservator of the estate under subdivision (b) of Section 1801, or both.

(ii) The conservatorship remains the least restrictive alternative needed for the protection of the conservatee, as required by subdivision (b) of Section 1800.3.

(D) If the conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigator’s evaluation shall include an examination of the conservatee’s placement, the quality of care, including physical and mental health treatment, and the conservatee’s finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.

(E) (i) If the conservatee is incapable of communicating,

with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.

(ii) The conservatee shall not be disqualified from voting on the basis that the 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.

(2)If the court

investigator determines that the conservatee still meets the criteria for appointment of a conservator under Section 1801, the investigator shall determine if the terms of the appointment order should be modified to reduce or expand the conservator’s powers and duties to ensure that the conservatorship is the least restrictive alternative needed for the conservatee’s protection.

(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the

investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.

(b)(1) The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be delivered pursuant to Section 1215 to the conservatee, the conservator, and the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be delivered pursuant to Section 1215 to the conservatee’s spouse or registered domestic partner and the conservatee’s relatives in the first degree, or, if there are no such relatives, to the next closest relative, unless

the court determines that the delivery will harm the conservatee.

(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatee’s spouse or registered domestic partner and the conservatee’s relatives in the first degree, or, if there are no such relatives, to the next closest relative.

(c)In the case of a limited conservatee, the court investigator shall recommend whether to continue, modify, or terminate the limited conservatorship.

(d)The court investigator may personally visit the conservator and any other persons necessary to determine if

the conservator is acting in the best interests of the conservatee.

(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.

(f)(1) 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.

§ 1851.1

Amended by Stats. 2021, Ch. 417, Sec. 11. (AB 1194) Effective January 1, 2022.

(a)When a court issues an order provisionally granting a petition under Section 2002, the investigator appointed under Section 2002 shall promptly commence an investigation under this section.

(b)In conducting an investigation and preparing a report under this section, the court investigator shall do all of the following:

(1)Comply with the requirements of Section 1851.

(2)Conduct an interview of the conservator.

(3)Conduct an interview of the conservatee’s spouse or registered domestic partner, if

any.

(4)Inform the conservatee of the nature, purpose, and effect of the conservatorship.

(5)Inform the conservatee and all other persons entitled to notice under subdivision (b) of Section 2002 of the right to seek termination of the conservatorship.

(6)Determine whether the conservatee objects to the conservator or prefers another person to act as conservator.

(7)Inform the conservatee of the right to attend the hearing under subdivision (c).

(8)Determine whether it appears that the conservatee is unable to attend the hearing and, if able to attend, whether the conservatee is willing to

attend the hearing.

(9)Inform the conservatee of the right to be represented by legal

counsel if the conservatee so chooses, and to have legal counsel appointed by the court if the conservatee is unable to retain legal counsel.

(10)Determine whether the conservatee wishes to be represented by legal counsel and, if so, whether the conservatee has retained legal counsel and, if not, the name of an attorney the conservatee wishes to retain.

(11)If the conservatee has not retained legal counsel, determine whether the conservatee desires the court to appoint legal counsel.

(12)Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee when the conservatee does not plan to retain legal counsel

and has not requested the appointment of legal counsel by the court.

(13)Consider each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.

(14)Consider, to the extent practicable, whether the investigator believes the conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the conservatee’s ability to understand and appreciate the consequences of the conservatee’s actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.

(c)The court shall review the conservatorship as provided in Section 2002. The

conservatee shall attend the hearing unless the conservatee’s attendance is excused under Section 1825. The court may take appropriate action in response to the court investigator’s report under this section.

(d)The court investigator’s report under this section shall be confidential as provided in Section 1851.

(e)Except as provided in paragraph (2) of subdivision (a) of Section 1850, the court shall review the conservatorship again one year after the review conducted pursuant to subdivision (c), and annually thereafter, in the manner specified in Section 1850.

(f)The first time that the need for a conservatorship is challenged by any interested person or raised on the court’s own motion after a transfer under Section

2002, whether in a review pursuant to this section or in a petition to terminate the

conservatorship under Chapter 3 (commencing with Section 1860), the court shall presume that there is no need for a conservatorship. This presumption is rebuttable, but can only be overcome by clear and convincing evidence. The court shall make an express finding on whether continuation of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.

(g)(1) If a duty described in this section is the same as a duty imposed pursuant to the amendments to Sections 1826, 1850, 1851, 2250, 2253, and 2620 and the addition of Sections 2250.4 and 2250.6 enacted by Chapter 493 of the Statutes of 2006, and the addition of Section 1051 enacted by Chapter 492 of the Statutes of 2006, a superior court shall not be required to perform that duty until the Legislature makes an

appropriation identified for this purpose.

(2)If a duty described in this section is the same as a duty imposed pursuant to the amendments to Sections 1826, 1850, 1851, 2250, 2250.4, 2250.6, 2253, and 2620 enacted by the measure that added this paragraph, a superior court shall not be required to perform that duty until the Legislature makes an appropriation identified for this purpose.

§ 1851.2

Added by Stats. 2007, Ch. 553, Sec. 10. Effective January 1, 2008.

Each court shall coordinate investigations with the filing of accountings, so that investigators may review accountings before visiting conservatees, if feasible.

§ 1851.5

Amended by Stats. 2014, Ch. 913, Sec. 30.5. (AB 2747) Effective January 1, 2015.

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.

§ 1851.6

Added by Stats. 2021, Ch. 417, Sec. 12. (AB 1194) Effective January 1, 2022.

(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.

§ 1852

Enacted by Stats. 1990, Ch. 79.

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.

§ 1853

Enacted by Stats. 1990, Ch. 79.

(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.