BILL NUMBER: AB 1085	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 27, 2015

   An act to amend Sections 2351 and 4766 of, and to add Sections
2361 and 4691 to, the Probate Code, relating to personal
representatives.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1085, as introduced, Gatto. Personal representatives:
conservators and attorneys-in-fact.
   (1) Existing law requires a conservator of a person to be
responsible for the care, custody, control, and education of a
conservatee, except where the court, in its discretion, limits the
powers and duties of the conservator. Existing law also provides that
the conservator's control of the conservatee shall not extend to
personal rights retained by the conservatee, including, but not
limited to, the right to receive visitors, telephone calls, and
personal mail, unless specifically limited by a court order.
   This bill would provide that a court order may be issued that
specifically grants the conservator the power to limit or enforce the
conservatee's right to receive visitors, telephone calls, and
personal mail.
   (2) Existing law additionally authorizes an adult with capacity to
execute a power of attorney for health care.
   This bill would require a conservator and an attorney-in-fact to
promptly inform the relatives of the conservatee or principal
whenever the conservatee or principal dies or is admitted to a
medical facility for acute care for a period of 3 days or more.
   (3) Existing law authorizes a petition to be filed for certain
authorized purposes, including to determine whether or not a patient
has capacity to make health care decisions, whether an advance health
care directive is in effect, whether the acts or proposed acts of an
agent or surrogate are consistent with the patients desires as
expressed in an advance health care directive, or to declare that the
authority of an agent or surrogate is terminated, or to compel a 3rd
person to honor individual health care instructions.
   This bill would also authorize a petition to be filed to authorize
an agent or surrogate to limit or enforce the principal's right to
receive visitors, telephone calls, and personal mail.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2351 of the Probate Code is amended to read:
   2351.  (a) Subject to subdivision (b), the guardian or
conservator, but not a limited conservator, has the care, custody,
and control of, and has charge of the education of, the ward or
conservatee. This control shall not extend to personal rights
retained by the conservatee, including, but not limited to, the right
to receive visitors, telephone calls, and personal mail, unless
specifically limited by court order.
   (b) Where the court determines that it is appropriate in the
circumstances of the particular conservatee, the court, in its
discretion, may limit the powers and duties that the conservator
would otherwise have under subdivision (a) by an order stating either
of the following:
   (1) The specific powers that the conservator does not have with
respect to the conservatee's person and reserving the powers so
specified to the conservatee.
   (2) The specific powers and duties the conservator has with
respect to the conservatee's person and reserving to the conservatee
all other rights with respect to the conservatee's person that the
conservator otherwise would have under subdivision (a). 
   (c) In accordance with subdivisions (a) and (b), an order under
this section may be issued that specifically grants the conservator
the power to limit or enforce the conservatee's right to receive
visitors, telephone calls, and personal mail.  
   (c) 
    (d)  An order under this section (1) may be included in
the order appointing a conservator of the person or (2) may be made,
modified, or revoked upon a petition subsequently filed, notice of
the hearing on the petition having been given for the period and in
the manner provided in Chapter 3 (commencing with Section 1460) of
Part 1. 
   (d)
    (e)  The guardian or conservator, in exercising his or
her powers, may not hire or refer any business to an entity in which
he or she has a financial interest except upon authorization of the
court. Prior to authorization from the court, the guardian or
conservator shall disclose to the court in writing his or her
financial interest in the entity. For the purposes of this
subdivision, "financial interest" shall mean (1) an ownership
interest in a sole proprietorship, a partnership, or a closely held
corporation, or (2) an ownership interest of greater than 1 percent
of the outstanding shares in a publicly traded corporation, or (3)
being an officer or a director of a corporation. This subdivision
shall apply only to conservators and guardians required to register
with the Statewide Registry under Chapter 13 (commencing with Section
2850).
  SEC. 2.  Section 2361 is added to the Probate Code, to read:
   2361.  A conservator shall inform relatives of a conservatee, as
described in subdivision (b) of Section 1821, whenever a conservatee
dies or is admitted to a medical facility for acute care for a period
of three days or more. If the conservatee dies, the conservator
shall inform the relatives of any funeral arrangements and the
location of the conservatee's final resting place.
  SEC. 3.  Section 4691 is added to the Probate Code, to read:
   4691.  An attorney-in-fact shall inform relatives of the
principal, as described in subdivision (b) of Section 1821, whenever
the principal dies or is admitted to a medical facility for acute
care for three days or more. If the principal dies, the
attorney-in-fact shall inform the relatives of any funeral
arrangements and the location of the principal's final resting place.

  SEC. 4.  Section 4766 of the Probate Code is amended to read:
   4766.  A petition may be filed under this part for any one or more
of the following purposes:
   (a) Determining whether or not the patient has capacity to make
health care decisions.
   (b) Determining whether an advance health care directive is in
effect or has terminated.
   (c) Determining whether the acts or proposed acts of an agent or
surrogate are consistent with the patient's desires as expressed in
an advance health care directive or otherwise made known to the court
or, where the patient's desires are unknown or unclear, whether the
acts or proposed acts of the agent or surrogate are in the patient's
best interest.
   (d) Declaring that the authority of an agent or surrogate is
terminated, upon a determination by the court that the agent or
surrogate has made a health care decision for the patient that
authorized anything illegal or upon a determination by the court of
both of the following:
   (1) The agent or surrogate has violated, has failed to perform, or
is unfit to perform, the duty under an advance health care directive
to act consistent with the patient's desires or, where the patient's
desires are unknown or unclear, is acting (by action or inaction) in
a manner that is clearly contrary to the patient's best interest.
   (2) At the time of the determination by the court, the patient
lacks the capacity to execute or to revoke an advance health care
directive or disqualify a surrogate.
   (e) Compelling a third person to honor individual health care
instructions or the authority of an agent or surrogate. 
   (f) Authorizing an agent or surrogate to limit or enforce the
principal's right to receive visitors, telephone calls, and personal
mail.