California Probate Code 1835.5 – (a) Within 30 days of the establishment of a conservatorship …
(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:
Terms Used In California Probate Code 1835.5
- Conservatee: includes a limited conservatee. See California Probate Code 29
- Conservator: includes a limited conservator. See California Probate Code 30
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(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.)