California Probate Code 1823 – (a) If the petition is filed by a person other than the proposed …
(a) If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing.
(b) The citation shall state the legal standards by which the need for a conservatorship is adjudged as stated in Section 1801 and shall state the substance of all of the following:
Terms Used In California Probate Code 1823
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Conservatee: includes a limited conservatee. See California Probate Code 29
- Conservator: includes a limited conservator. See California Probate Code 30
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) The proposed conservatee may be adjudged unable to provide for personal needs or to manage financial resources and, by reason thereof, a conservator may be appointed for the person or estate, or both.
(2) Such adjudication may affect or transfer to the conservator the proposed conservatee’s right to contract, in whole or in part, to manage and control property, to give informed consent for medical treatment, and to fix a residence.
(3) (A) The proposed conservatee may be disqualified from voting pursuant to § 2208 of the Elections Code if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B) The proposed conservatee shall not be disqualified from voting on the basis that the proposed conservatee does, or would need to do, any of the following to complete an affidavit of voter registration:
(i) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of § 2150 of the Elections Code.
(ii) Signs the affidavit of voter registration by means of a signature stamp pursuant to § 354.5 of the Elections Code.
(iii) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of § 2150 of the Elections Code.
(iv) Completes the affidavit of voter registration with reasonable accommodations.
(4) The court or a court investigator shall explain the nature, purpose, and effect of the proceeding to the proposed conservatee and shall answer questions concerning the explanation.
(5) The proposed conservatee has the right to appear at the hearing and to oppose the petition, and in the case of an alleged developmentally disabled adult, to oppose the petition in part, by objecting to any or all of the requested duties or powers of the limited conservator.
(6) The proposed conservatee has the right to choose and be represented by legal counsel and has the right to have legal counsel appointed by the court if not otherwise represented by legal counsel.
(7) The proposed conservatee has the right to a jury trial, if desired.
(Amended by Stats. 2022, Ch. 420, Sec. 34. (AB 2960) Effective January 1, 2023.)