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Article 5. Miscellaneous Provisions of California Probate Code >> Division 4. >> Part 3. >> Chapter 8. >> Article 5.
In applying and construing this uniform act, consideration
shall be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it, consistent
with the need to protect individual civil rights and in accordance
with due process.
This chapter modifies, limits, and supersedes the federal
Electronic Signatures in Global and National Commerce Act (Title 15
(commencing with Section 7001) of the United States Code), but does
not modify, limit, or supersede subdivision (c) of Section 101 of
that act, which is codified as subdivision (c) of Section 7001 of
Title 15 of the United States Code, or authorize electronic delivery
of any of the notices described in subdivision (b) of Section 103 of
that act, which is codified as subdivision (b) of Section 7003 of
Title 15 of the United States Code.
(a) On or before January 1, 2016, the Judicial Council shall
develop court rules and forms as necessary for the implementation of
this chapter.
(b) The materials developed pursuant to this section shall include, but not be limited to, all of the following:
(1) A cover sheet for registration of a conservatorship under Section 2011, 2012, or 2013. The cover sheet shall explain that a proceeding may not be registered under Section 2011, 2012, or 2013 if the proceeding relates to a minor. The cover sheet shall further explain that a proceeding in which a person is subjected to involuntary mental health care may not be registered under Section 2011, 2012, or 2013. The cover sheet shall require the conservator to initial each of these explanations. The cover sheet shall also prominently state that when a conservator acts pursuant to registration, the conservator is subject to the law of this state governing the action, including, but not limited to, all applicable procedures, and is not authorized to take any action prohibited by the law of this state. Except as provided in subdivision (c), the cover sheet shall also prominently state that the registration is effective only while the conservatee resides in another jurisdiction and does not authorize the conservator to take any action while the conservatee is residing in this state. Directly beneath these statements, the cover sheet shall include a signature box in which the conservator attests to these matters.
(2) The form required by paragraph (3) of subdivision (a) of Section 2017. If the Judicial Council deems it advisable, this form may be included in the civil cover sheet developed under paragraph (1).
(3) A form for providing notice of intent to register a proceeding under Section 2011, 2012, or 2013.
(4) A form for a conservator to acknowledge receipt of the written information required by Section 2015.
(c) The materials prepared pursuant to this section shall be consistent with Section 2019.
(b) The materials developed pursuant to this section shall include, but not be limited to, all of the following:
(1) A cover sheet for registration of a conservatorship under Section 2011, 2012, or 2013. The cover sheet shall explain that a proceeding may not be registered under Section 2011, 2012, or 2013 if the proceeding relates to a minor. The cover sheet shall further explain that a proceeding in which a person is subjected to involuntary mental health care may not be registered under Section 2011, 2012, or 2013. The cover sheet shall require the conservator to initial each of these explanations. The cover sheet shall also prominently state that when a conservator acts pursuant to registration, the conservator is subject to the law of this state governing the action, including, but not limited to, all applicable procedures, and is not authorized to take any action prohibited by the law of this state. Except as provided in subdivision (c), the cover sheet shall also prominently state that the registration is effective only while the conservatee resides in another jurisdiction and does not authorize the conservator to take any action while the conservatee is residing in this state. Directly beneath these statements, the cover sheet shall include a signature box in which the conservator attests to these matters.
(2) The form required by paragraph (3) of subdivision (a) of Section 2017. If the Judicial Council deems it advisable, this form may be included in the civil cover sheet developed under paragraph (1).
(3) A form for providing notice of intent to register a proceeding under Section 2011, 2012, or 2013.
(4) A form for a conservator to acknowledge receipt of the written information required by Section 2015.
(c) The materials prepared pursuant to this section shall be consistent with Section 2019.
(a) This chapter applies to conservatorship proceedings begun
on or after January 1, 2016.
(b) Articles 1, 3, and 4 and Sections 2021 and 2022 apply to proceedings begun before January 1, 2016, regardless of whether a conservatorship order has been issued.
(b) Articles 1, 3, and 4 and Sections 2021 and 2022 apply to proceedings begun before January 1, 2016, regardless of whether a conservatorship order has been issued.
