§ 1851.1. — 1851.1. (Amended by Stats. 2021, Ch. 417, Sec. 11.)

California § 1851.1.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 4.: DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
• Part 3.: PART 3. CONSERVATORSHIP
• Ch. 2.: CHAPTER 2. Periodic Review of Conservatorship

Text

(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.

Legislative History

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