2005 California Probate Code Sections 1850-1853 CHAPTER 2. PERIODIC REVIEW OF CONSERVATORSHIP

PROBATE CODE
SECTION 1850-1853

1850.  (a) Except as provided in subdivision (b), each
conservatorship initiated pursuant to this part shall be reviewed by
the court one year after the appointment of the conservator and
biennially thereafter.
   (b) 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.
1851.  (a) When court review is required, the court investigator
shall 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 whether the
conservatee wishes to petition the court for termination of the
conservatorship, whether the conservatee is still in need of the
conservatorship, whether the present conservator is acting in the
best interests of the conservatee, and whether the conservatee is
capable of completing an affidavit of voter registration.  If the
court has made an order under Chapter 4 (commencing with Section
1870), the court investigator shall determine whether the present
condition of the conservatee is such that the terms of the order
should be modified or the order revoked.
   (b) 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 prior to the date of review.  A copy
of the report shall be mailed to the conservator and to the attorneys
of record for the conservator and conservatee at the same time it is
certified to the court.
   (c) In the case of a limited conservatee, the court investigator
shall make a recommendation regarding the continuation or termination
of the limited conservatorship.
   (d) The court investigator may personally visit the conservator
and other persons as may be necessary to determine whether the
present 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 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 make
provision for limiting disclosure of the report exclusively to
persons entitled thereto under this section.
1851.5.  Each court shall assess each conservatee in the county for
any investigation or review conducted by a court investigator with
respect to that person.  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.
1852.  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.  (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.


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