§ 1894. — 1894. (Amended by Stats. 2022, Ch. 420, Sec. 37.)

California § 1894.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 4.: DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
• Part 3.: PART 3. CONSERVATORSHIP
• Ch. 4.: CHAPTER 4. Legal Capacity of Conservatee
• Art. 2.: ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment

Text

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 inability of the conservatee to attend the hearing, the court investigator shall do all of the following:
(a)
Interview the conservatee personally.
(b)
Inform the conservatee of the contents of the petition, of the nature, purpose, and effect of the proceeding, and of the right of the conservatee to oppose the petition, attend the hearing, be represented by legal counsel, and to have legal counsel appointed by the court if not otherwise represented by legal
counsel.
(c)
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.
(d)
Determine whether the conservatee wishes to contest the petition.
(e)
Determine whether the conservatee wishes to be represented by legal counsel and, if so, whether the conservatee has retained legal counsel and, if not, whether the conservatee plans to retain legal counsel.
(f)
Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatee’s express communications concerning both (1) representation by
legal counsel and (2) whether the conservatee is not willing to attend the hearing and does not wish to contest the petition.

Legislative History

Amended by Stats. 2022, Ch. 420, Sec. 37. (AB 2960) Effective January 1, 2023.