1821
. (a) The petition shall request that a conservator be
appointed for the person or estate, or both, shall specify the name,
address, and telephone number of the proposed conservator and the
name, address, and telephone number of the proposed conservatee, and
state the reasons why a conservatorship is necessary. Unless the
petitioner or proposed conservator is a bank or other entity
authorized to conduct the business of a trust company, the petitioner
or proposed conservator shall also file supplemental information as
to why the appointment of a conservator is required. The supplemental
information to be submitted shall include a brief statement of facts
addressed to each of the following categories:
(1) The inability of the proposed conservatee to properly provide
for his or her needs for physical health, food, clothing, and
shelter.
(2) The location of the proposed conservatee's residence and the
ability of the proposed conservatee to live in the residence while
under conservatorship.
(3) Alternatives to conservatorship considered by the petitioner
or proposed conservator and reasons why those alternatives are not
available.
(4) Health or social services provided to the proposed conservatee
during the year preceding the filing of the petition, when the
petitioner or proposed conservator has information as to those
services.
(5) The inability of the proposed conservatee to substantially
manage his or her own financial resources, or to resist fraud or
undue influence.
The facts required to address the categories set forth in
paragraphs (1) to (5), inclusive, shall be set forth by the
petitioner or proposed conservator if he or she has knowledge of the
facts or by the declarations or affidavits of other persons having
knowledge of those facts.
If any of the categories set forth in paragraphs (1) to (5),
inclusive, are not applicable to the proposed conservatorship, the
petitioner or proposed conservator shall so indicate and state on the
supplemental information form the reasons therefor.
The Judicial Council shall develop a supplemental information form
for the information required pursuant to paragraphs (1) to (5),
inclusive, after consultation with individuals or organizations
approved by the Judicial Council, who represent public conservators,
court investigators, the State Bar, specialists with experience in
performing assessments and coordinating community-based services, and
legal services for the elderly and disabled.
The supplemental information form shall be separate and distinct
from the form for the petition. The supplemental information shall be
confidential and shall be made available only to parties, persons
given notice of the petition who have requested this supplemental
information or who have appeared in the proceedings, their attorneys,
and the court. The court shall have discretion at any other time to
release the supplemental information to other persons if it would
serve the interests of the conservatee. The clerk of the court shall
make provision for limiting disclosure of the supplemental
information exclusively to persons entitled thereto under this
section.
(b) The petition shall set forth, so far as they are known to the
petitioner or proposed conservator, the names and addresses of the
spouse or domestic partner, and of the relatives of the proposed
conservatee within the second degree. If no spouse or domestic
partner of the proposed conservatee or relatives of the proposed
conservatee within the second degree are known to the petitioner or
proposed conservator, the petition shall set forth, so far as they
are known to the petitioner or proposed conservator, the names and
addresses of the following persons who, for the purposes of Section
1822, shall all be deemed to be relatives:
(1) A spouse or domestic partner of a predeceased parent of a
proposed conservatee.
(2) The children of a predeceased spouse or domestic partner of a
proposed conservatee.
(3) The siblings of the proposed conservatee's parents, if any,
but if none, then the natural and adoptive children of the proposed
conservatee's parents' siblings.
(4) The natural and adoptive children of the proposed conservatee'
s siblings.
(c) If the petitioner or proposed conservator is a professional
fiduciary, as described in Section 2340, who is required to be
licensed under the Professional Fiduciaries Act (Chapter 6
(commencing with Section 6500) of Division 3 of the Business and
Professions Code), the petition shall include the following:
(1) The petitioner's or proposed conservator's proposed hourly fee
schedule or another statement of his or her proposed compensation
from the estate of the proposed conservatee for services performed as
a conservator. The petitioner's or proposed conservator's provision
of a proposed hourly fee schedule or another statement of his or her
proposed compensation, as required by this paragraph, shall not
preclude a court from later reducing the petitioner's or proposed
conservator's fees or other compensation.
(2) Unless a petition for appointment of a temporary conservator
that contains the statements required by this paragraph is filed
together with a petition for appointment of a conservator, both of
the following:
(A) A statement of the petitioner's or proposed conservator's
license information.
(B) A statement explaining who engaged the petitioner or proposed
conservator or how the petitioner or proposed conservator was engaged
to file the petition for appointment of a conservator or to agree to
accept the appointment as conservator and what prior relationship
the petitioner or proposed conservator had with the proposed
conservatee or the proposed conservatee's family or friends.
(d) If the petition is filed by a person other than the proposed
conservatee, the petition shall include a declaration of due
diligence showing both of the following:
(1) Either the efforts to find the proposed conservatee's
relatives or why it was not feasible to contact any of them.
(2) Either the preferences of the proposed conservatee concerning
the appointment of a conservator and the appointment of the proposed
conservator or why it was not feasible to ascertain those
preferences.
(e) If the petition is filed by a person other than the proposed
conservatee, the petition shall state whether or not the petitioner
is a creditor or debtor, or the agent of a creditor or debtor, of the
proposed conservatee.
(f) If the proposed conservatee is a patient in or on leave of
absence from a state institution under the jurisdiction of the State
Department of State Hospitals or the State Department of
Developmental Services and that fact is known to the petitioner or
proposed conservator, the petition shall state that fact and name the
institution.
(g) The petition shall state, so far as is known to the petitioner
or proposed conservator, whether or not the proposed conservatee is
receiving or is entitled to receive benefits from the Veterans
Administration and the estimated amount of the monthly benefit
payable by the Veterans Administration for the proposed conservatee.
(h) The petition may include an application for any order or
orders authorized under this division, including, but not limited to,
orders under Chapter 4 (commencing with Section 1870).
(i) The petition may include a further statement that the proposed
conservatee is not willing to attend the hearing on the petition,
does not wish to contest the establishment of the conservatorship,
and does not object to the proposed conservator or prefer that
another person act as conservator.
(j) In the case of an allegedly developmentally disabled adult,
the petition shall set forth the following:
(1) The nature and degree of the alleged disability, the specific
duties and powers requested by or for the limited conservator, and
the limitations of civil and legal rights requested to be included in
the court's order of appointment.
(2) Whether or not the proposed limited conservatee is or is
alleged to be developmentally disabled.
Reports submitted pursuant to Section 416.8 of the Health and
Safety Code meet the requirements of this section, and
conservatorships filed pursuant to Article 7.5 (commencing with
Section 416) of Chapter 2 of Part 1 of Division 1 of the Health and
Safety Code are exempt from providing the supplemental information
required by this section, so long as the guidelines adopted by the
State Department of Developmental Services for regional centers
require the same information that is required pursuant to this
section.
(k) The petition shall state, so far as is known to the
petitioner, whether or not the proposed conservatee is a member of a
federally recognized Indian tribe. If so, the petition shall state
the name of the tribe, the state in which the tribe is located,
whether the proposed conservatee resides on tribal land, and whether
the proposed conservatee is known to own property on tribal land. For
the purposes of this subdivision, "tribal land" means land that is,
with respect to a specific Indian tribe and the members of that
tribe, "Indian country" as defined in Section 1151 of Title 18 of the
United States Code.