2023 California Code
Probate Code - PROB
DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
PART 3 - CONSERVATORSHIP
CHAPTER 1 - Establishment of Conservatorship
ARTICLE 2 - Order of Preference for Appointment of Conservator
Section 1812.
1812. (a) Subject to Sections 1810, 1813, and 1813.1, the selection of a conservator of the person or estate, or both, is solely in the discretion of the court and, in making the selection, the court is to be guided by what appears to be for the best interests of the proposed conservatee.
(b) Subject to Sections 1810, 1813, and 1813.1, of persons equally qualified in the opinion of the court to appointment as conservator of the person or estate or both, preference is to be given in the following order:
(1) The conservatee or proposed conservatee’s stated preference, including preferences expressed by speech, sign language, alternative or augmentative communication, actions, facial expressions, and other spoken and nonspoken methods of communication.
(2) The prior conservator’s preference, if known, if the selection of a successor conservator is being made pursuant to the provisions of Article 2 (commencing with Section 2680) of Chapter 9.5 of Part 4 and the prior conservator is a person described in paragraphs (3) to (6), inclusive, unless either of the following apply:
(A) The reason for the appointment of a successor conservator is due to the prior conservator’s removal pursuant to the provisions of Article 1 (commencing with Section 2650) of Chapter 9 of Part 4.
(B) The prior conservator or prior conservator’s preference for a successor conservator has been found criminally, civilly, or administratively liable for abuse, neglect, mistreatment, coercion, or fraud with respect to the conservatee or any elder or dependent adult.
(3) The spouse or domestic partner of the proposed conservatee or the person nominated by the spouse or domestic partner pursuant to Section 1811.
(4) An adult child of the proposed conservatee or the person nominated by the child pursuant to Section 1811.
(5) A parent of the proposed conservatee or the person nominated by the parent pursuant to Section 1811.
(6) A sibling of the proposed conservatee or the person nominated by the brother or sister pursuant to Section 1811.
(7) Any other person or entity eligible for appointment as a conservator under this code or, if there is no person or entity willing to act as a conservator, under the Welfare and Institutions Code.
(c) The preference for any nominee for appointment under paragraphs (4), (5), and (6) of subdivision (b) is subordinate to the preference for any other parent, child, or sibling in that class.
(d) For any conservatorship petition filed on or after January 1, 2023, a regional center, as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, or any employee or agent acting on a regional center’s behalf, shall not act as a conservator, but may act as the designee of the Director of Developmental Services, subject to Section 416.19 of the Health and Safety Code.
(Amended by Stats. 2022, Ch. 894, Sec. 6. (AB 1663) Effective January 1, 2023.)
