State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 1810-1813.1

PROBATE CODE
SECTION 1810-1813.1



1810.  If the proposed conservatee has sufficient capacity at the
time to form an intelligent preference, the proposed conservatee may
nominate a conservator in the petition or in a writing signed either
before or after the petition is filed. The court shall appoint the
nominee as conservator unless the court finds that the appointment of
the nominee is not in the best interests of the proposed
conservatee.



1811.  (a) Subject to Section 1813, the spouse, domestic partner, or
an adult child, parent, brother, or sister of the proposed
conservatee may nominate a conservator in the petition or at the
hearing on the petition.
   (b) Subject to Section 1813, the spouse, domestic partner, or a
parent of the proposed conservatee may nominate a conservator in a
writing signed either before or after the petition is filed and that
nomination remains effective notwithstanding the subsequent legal
incapacity or death of the spouse, domestic partner, or parent.



1812.  (a) Subject to Sections 1810 and 1813, 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 and 1813, 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 spouse or domestic partner of the proposed conservatee or
the person nominated by the spouse or domestic partner pursuant to
Section 1811.
   (2) An adult child of the proposed conservatee or the person
nominated by the child pursuant to Section 1811.
   (3) A parent of the proposed conservatee or the person nominated
by the parent pursuant to Section 1811.
   (4) A brother or sister of the proposed conservatee or the person
nominated by the brother or sister pursuant to Section 1811.
   (5) 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 (2), (3), and (4) of subdivision (b) is subordinate to the
preference for any other parent, child, brother, or sister in that
class.


1813.  (a) The spouse of a proposed conservatee may not petition for
the appointment of a conservator for a spouse or be appointed as
conservator of the person or estate of the proposed conservatee
unless the petitioner alleges in the petition for appointment as
conservator, and the court finds, that the spouse is not a party to
any action or proceeding against the proposed conservatee for legal
separation of the parties, dissolution of marriage, or adjudication
of nullity of their marriage. However, if the court finds by clear
and convincing evidence that the appointment of the spouse, who is a
party to an action or proceeding against the proposed conservatee for
legal separation of the parties, dissolution of marriage, or
adjudication of nullity of their marriage, or has obtained a judgment
in any of these proceedings, is in the best interests of the
proposed conservatee, the court may appoint the spouse.
   Prior to making this appointment, the court shall appoint counsel
to consult with and advise the conservatee, and to report to the
court his or her findings concerning the suitability of appointing
the spouse as conservator.
   (b) The spouse of a conservatee shall disclose to the conservator,
or if the spouse is the conservator, shall disclose to the court,
the filing of any action or proceeding against the conservatee for
legal separation of the parties, dissolution of marriage, or
adjudication of nullity of the marriage, within 10 days of the filing
of the action or proceeding by filing a notice with the court and
serving the notice according to the notice procedures under this
title. The court may, upon receipt of the notice, set the matter for
hearing on an order to show cause why the appointment of the spouse
as conservator, if the spouse is the conservator, should not be
terminated and a new conservator appointed by the court.



1813.1.  (a) (1) The domestic partner of a proposed conservatee may
not petition for the appointment of a conservator for a domestic
partner or be appointed as conservator of the person or estate of the
proposed conservatee unless the petitioner alleges in the petition
for appointment as conservator, and the court finds, that the
domestic partner has not terminated and is not intending to terminate
the domestic partnership as provided in Section 299 of the Family
Code. However, if the court finds by clear and convincing evidence
that the appointment of a domestic partner who has terminated or is
intending to terminate the domestic partnership is in the best
interests of the proposed conservatee, the court may appoint the
domestic partner.
   (2) Prior to making this appointment, the court shall appoint
counsel to consult with and advise the conservatee, and to report to
the court his or her findings concerning the suitability of
appointing the domestic partner as conservator.
   (b) The domestic partner of a conservatee shall disclose to the
conservator, or if the domestic partner is the conservator, shall
notify the court, of the termination of a domestic partnership as
provided in Section 299 of the Family Code within 10 days of its
occurrence. The court may, upon receipt of the notice, set the matter
for hearing on an order to show cause why the appointment of the
domestic partner as conservator, if the domestic partner is the
conservator, should not be terminated and a new conservator appointed
by the court.