State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 1800-1804

PROBATE CODE
SECTION 1800-1804



1800.  It is the intent of the Legislature in enacting this chapter
to do the following:
   (a) Protect the rights of persons who are placed under
conservatorship.
   (b) Provide that an assessment of the needs of the person is
performed in order to determine the appropriateness and extent of a
conservatorship and to set goals for increasing the conservatee's
functional abilities to whatever extent possible.
   (c) Provide that the health and psychosocial needs of the proposed
conservatee are met.
   (d) Provide that community-based services are used to the greatest
extent in order to allow the conservatee to remain as independent
and in the least restrictive setting as possible.
   (e) Provide that the periodic review of the conservatorship by the
court investigator shall consider the best interests of the
conservatee.
   (f) Ensure that the conservatee's basic needs for physical health,
food, clothing, and shelter are met.
   (g) Provide for the proper management and protection of the
conservatee's real and personal property.



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) No conservatorship of the person or of the estate shall 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.



1801.  Subject to Section 1800.3:
   (a) A conservator of the person may be appointed for a person who
is unable to provide properly for his or her personal needs for
physical health, food, clothing, or shelter, except as provided for
the person as described in subdivision (b) or (c) of Section 1828.5.
   (b) A conservator of the estate may be appointed for a person who
is substantially unable to manage his or her own financial resources
or resist fraud or undue influence, except as provided for that
person as described in subdivision (b) or (c) of Section 1828.5.
Substantial inability may not be proved solely by isolated incidents
of negligence or improvidence.
   (c) A conservator of the person and estate may be appointed for a
person described in subdivisions (a) and (b).
   (d) A limited conservator of the person or of the estate, or both,
may be appointed for a developmentally disabled adult. A limited
conservatorship may be utilized only as necessary to promote and
protect the well-being of the individual, shall be designed to
encourage the development of maximum self-reliance and independence
of the individual, and shall be ordered only to the extent
necessitated by the individual's proven mental and adaptive
limitations. The conservatee of the limited conservator shall not be
presumed to be incompetent and shall retain all legal and civil
rights except those which by court order have been designated as
legal disabilities and have been specifically granted to the limited
conservator. The intent of the Legislature, as expressed in Section
4501 of the Welfare and Institutions Code, that developmentally
disabled citizens of this state receive services resulting in more
independent, productive, and normal lives is the underlying mandate
of this division in its application to adults alleged to be
developmentally disabled.
   (e) The standard of proof for the appointment of a conservator
pursuant to this section shall be clear and convincing evidence.



1802.  Subject to Section 1800.3, a conservator of the person or
estate, or both, may be appointed for a person who voluntarily
requests the appointment and who, to the satisfaction of the court,
establishes good cause for the appointment.




1803.  A conservator of the estate may be appointed for a person who
is an absentee as defined in Section 1403.



1804.  Subject to Section 1800.3, a conservator of the estate may be
appointed for a person who is missing and whose whereabouts is
unknown.