2023 California Code
Probate Code - PROB
DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
PART 3 - CONSERVATORSHIP
CHAPTER 1 - Establishment of Conservatorship
ARTICLE 3 - Establishment of Conservatorship
Section 1835.5.
1835.5. (a) Within 30 days of the establishment of a conservatorship under this division, and annually thereafter, the superior court shall provide information to a conservatee under its jurisdiction, written in plain language, with a list of the conservatee’s rights within the conservatorship.
(b) The information to be provided shall include, but need not be limited to, all of the following:
(1) The name and contact information of the conservator.
(2) A description of the conservatorship, including the rights the conservatee retains under the conservatorship.
(3) The role, duties, and contact information, including name, telephone number, address, and email address, of the court investigator and the court alternatives program.
(4) The person to petition to end or change the conservatorship and contact information for the person to contact to begin that process.
(5) A personalized list of rights that the conservatee retains, even under the conservatorship, including the rights to do all of the following:
(A) Directly receive and control their own salary.
(B) Make or change their will.
(C) Get married.
(D) Receive mail.
(E) Have visits from family and friends.
(F) Have a lawyer.
(G) Ask a judge to change conservators.
(H) Ask a judge to end the conservatorship.
(I) Vote, unless expressly withheld by the court.
(J) Control personal spending money if a judge permits an allowance to be paid directly to the conservatee.
(K) Make their own health care decisions.
(L) Enter into business transactions to provide for the conservatee’s basic needs and those of their children.
(M) Participate in other activities the court allows when the conservator is appointed, or when the court order later grants that right at the conservatee’s request.
(6) The personalized list of rights in paragraph (5) shall state which rights, if any, were expressly withheld by the court.
(Added by Stats. 2022, Ch. 894, Sec. 9. (AB 1663) Effective January 1, 2023.)
