California Probate Code 1458 – (a) On or before January 1, 2027, the Judicial Council shall …
(a) On or before January 1, 2027, the Judicial Council shall report to the Legislature the findings of a study measuring court effectiveness in conservatorship cases, including the effectiveness of protecting the legal rights and best interests of a conservatee. The report shall include all of the following, with respect to the courts chosen for evaluation pursuant to subdivision (b):
(1) Caseload statistics from the 2018-19 fiscal year, for both temporary and general probate conservatorships, including, at a minimum, all of the following:
Terms Used In California Probate Code 1458
- Conservatee: includes a limited conservatee. See California Probate Code 29
- Conservator: includes a limited conservator. See California Probate Code 30
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Probate: Proving a will
- Professional fiduciary: means a person who is a professional fiduciary as defined under subdivision (f) of §. See California Probate Code 60.1
(A) The number of petitions filed requesting appointment of a conservator, the number of those petitions granted, and the number denied, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed.
(B) The number of conservatorships under court supervision at the end of the fiscal year in which a court investigation was conducted, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed.
(C) The number of conservatorships under court supervision at the end of the fiscal year in which a court review hearing was held, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed.
(D) The number of petitions or objections filed by or on behalf of a conservatee challenging a conservator’s action, failure to act, accounting, or compensation; the number of those petitions that were granted; and the number of petitions that were denied, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed.
(E) The number of conservatorships under court supervision in which accountings due, and the number of accountings received after they were due, or not received at all, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed.
(F) The number of conservatorships of the estate, or of the person and the estate, under court supervision in which bond was not required of the conservator, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed.
(2) An analysis of compliance with statutory timeframes in the 2018-19 fiscal year.
(3) A description of any operational differences between courts that affect the processing of conservatorship cases, including timeframes and steps taken to protect the legal rights and best interests of conservatees.
(b) The Judicial Council shall select at least three courts for the evaluation required by this section, including one small court, one medium-sized court, and one large court.
(c) The report shall include recommendations for statewide performance measures to be collected, best practices that serve to protect the legal rights of conservatees, and staffing needs to meet case processing requirements.
(d) The report shall be submitted pursuant to § 9795 of the Government Code.
(e) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 478, Sec. 57. (AB 1756) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)