§ 2684. — 2684. (Amended by Stats. 2017, Ch. 319, Sec. 51.)

California § 2684.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 4.: DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
• Part 4.: PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP
• Ch. 9.5.: CHAPTER 9.5. Appointment of Successor Guardian or Conservator
• Art. 2.: ARTICLE 2. Appointment of Successor Conservator

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Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following:
(a)
Interview the conservatee personally.
(b)
Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the person proposed as successor conservator, and the conservatee’s right to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
(c)
Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed.
(d)
If the conservatee is not represented by legal counsel, determine whether the conservatee wishes to be represented by legal counsel and, if so, determine the name of an attorney the conservatee wishes to retain or whether the conservatee desires the court to appoint legal counsel.
(e)
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 in any case where the conservatee does not plan to retain legal counsel and has
not requested the appointment of legal counsel by the court.
(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 representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed.
(g)
Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in subdivision (f) to all of the following:
(1)
The attorney, if any, for the petitioner.
(2)
The attorney, if any, for the conservatee.
(3)
Any other persons as the court orders.

Legislative History

Amended by Stats. 2017, Ch. 319, Sec. 51. (AB 976) Effective January 1, 2018.