2005 California Probate Code Sections 2680-2689 Article 2. Appointment of Successor Conservator

PROBATE CODE
SECTION 2680-2689

2680.  When for any reason a vacancy occurs in the office of
conservator, the  court may appoint a successor conservator in the
manner provided in this article.
2681.  A petition for appointment of a successor conservator may be
filed by any of the following:
   (a) The conservatee.
   (b) The spouse or domestic partner of the conservatee.
   (c) A relative of the conservatee.
   (d) Any interested state or local entity or agency of this state
or any interested public officer or employee of this state or of a
local public entity of this state.
   (e) Any other interested person or friend of the conservatee.
2682.  (a) The petition shall request that a successor conservator
be appointed for the person or estate, or both, and shall specify the
name and address of the proposed successor conservator and the name
and address of the conservatee.
   (b) The petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the spouse or domestic partner
and of the relatives of the conservatee within the second degree.
   (c) If the petition is filed by one other than the conservatee,
the petition shall state whether or not the petitioner is a creditor
or debtor of the conservatee.
   (d) If the conservatee is a patient in or on leave of absence from
a state institution under the jurisdiction of the State Department
of Mental Health or the State Department of Developmental Services
and that fact is known to the petitioner, the petition shall state
that fact and name the institution.
   (e) The petition shall state, so far as is known to the
petitioner, whether or not the conservatee is receiving or is
entitled to receive benefits from the Veterans Administration and the
estimated amount of the monthly benefit payable by the Veterans
Administration for the conservatee.
   (f) The petition shall state whether or not the conservatee will
be present at the hearing.
2683.  (a) At least 15 days before the hearing on the petition for
appointment of a successor conservator, notice of the time and place
of the hearing shall be given as provided in this section.  The
notice shall be accompanied by a copy of the petition.
   (b) Notice shall be mailed to the persons designated in Section
1460 and to the relatives named in the petition.
   (c) If notice is required by Section 1461 to be given to the
Director of Mental Health or the Director of Developmental Services,
notice shall be mailed as so required.
   (d) If notice is required by Section 1461.5 to be given to the
Veterans Administration, notice shall be mailed as so required.
2684.  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) Mail, 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) Such other persons as the court orders.
2685.  If the conservatee is present at the hearing, prior to making
an order appointing a successor conservator the court shall do all
of the following:
   (a) Inform the conservatee of the nature and purpose of the
proceeding.
   (b) Inform the conservatee that the conservatee has the right to
object to the person proposed as successor conservator, to nominate a
person to be appointed as successor conservator, and, if not
represented by legal counsel, 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) After the court so informs the conservatee, the court shall
consult the conservatee to determine the conservatee's opinion
concerning the question of who should be appointed as successor
conservator.
2686.  If the petition states that the conservatee will be present
at the hearing and the conservatee fails to appear at the hearing,
the court shall continue the hearing and direct the court
investigator to perform the duties set forth in Section 2684.
2687.  The conservatee, the spouse, the domestic partner, or any
relative or friend of the conservatee, or any other interested person
may appear at the hearing to support or oppose the petition.
2688.  (a) The court shall determine the question of who should be
appointed as successor conservator according to the provisions of
Article 2 (commencing with Section 1810) of Chapter 1 of Part 3.
   (b) The order appointing the successor conservator shall contain,
among other  things, the names, addresses and telephone numbers of
the successor conservator, the conservatee's attorney, if any, and
the court investigator, if any.
2689.  If the conservatee is an "absentee" as defined in Section
1403:
   (a) The petition for appointment of a successor conservator shall
contain the matters required by Section 1841 in addition to the
matters required by Section  2682.
   (b) Notice of the hearing shall be given as provided by Section
1842 in addition to the requirements of Section 2683, except that
notice need not be given to  the conservatee.
   (c) An interview and report by the court investigator is not
required.


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