2022 California Code
Probate Code - PROB
DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
PART 3 - CONSERVATORSHIP
CHAPTER 1 - Establishment of Conservatorship
ARTICLE 1 - Persons for Whom Conservator May Be Appointed
Section 1800.3.
1800.3. (a) If the need therefor is established to the satisfaction of the court and the other requirements of this chapter are satisfied, the court may appoint:
(1) A conservator of the person or estate of an adult, or both.
(2) A conservator of the person of a minor who is married or whose marriage has been dissolved.
(b) A conservatorship of the person or of the estate shall not be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.
(c) In determining whether a conservatorship is the least restrictive alternative available, and whether to grant or deny a conservatorship petition, the court shall consider the person’s abilities and capacities with current and possible supports, including, but not limited to, supported decisionmaking agreements, as defined in Section 21001 of the Welfare and Institutions Code, powers of attorney, designation of a health care surrogate as set forth in Section 4711, and advance health care directives.
(d) If the court becomes aware that the proposed conservatee has a developmental disability, and the proposed conservator is not seeking authority to act under Section 2356.5, the court shall deem the proceeding to be seeking a limited conservatorship.
(Amended by Stats. 2022, Ch. 894, Sec. 5. (AB 1663) Effective January 1, 2023.)
