Section 1827.5 Of Article 3. Establishment Of Conservatorship From California Probate Code >> Division 4. >> Part 3. >> Chapter 1. >> Article 3.
1827.5
. (a) In the case of any proceeding to establish a limited
conservatorship for a person with developmental disabilities, within
30 days after the filing of a petition for limited conservatorship, a
proposed limited conservatee, with his or her consent, shall be
assessed at a regional center as provided in Chapter 5 (commencing
with Section 4620) of Division 4.5 of the Welfare and Institutions
Code. The regional center shall submit a written report of its
findings and recommendations to the court.
(b) In the case of any proceeding to establish a general
conservatorship for a person with developmental disabilities, the
regional center, with the consent of the proposed conservatee, may
prepare an assessment as provided in Chapter 5 (commencing with
Section 4620) of Division 4.5 of the Welfare and Institutions Code.
If an assessment is prepared, the regional center shall submit its
findings and recommendations to the court.
(c) A report prepared under subdivision (a) or (b) shall include a
description of the specific areas, nature, and degree of disability
of the proposed conservatee or proposed limited conservatee. The
findings and recommendations of the regional center are not binding
upon the court.
In a proceeding where the petitioner is a provider of board and
care, treatment, habilitation, or other services to persons with
developmental disabilities or a spouse or employee of a provider, is
not the natural parent of the proposed conservatee or proposed
limited conservatee, and is not a public entity, the regional center
shall include a recommendation in its report concerning the
suitability of the petitioners to meet the needs of the proposed
conservatee or proposed limited conservatee.
(d) At least five days before the hearing on the petition, the
regional center shall mail a copy of the report referred to in
subdivision (a) to all of the following:
(1) The proposed limited conservatee.
(2) The attorney, if any, for the proposed limited conservatee.
(3) If the petitioner is not the proposed limited conservatee, the
attorney for the petitioner or the petitioner if the petitioner does
not have an attorney.
(4) Such other persons as the court orders.
(e) The report referred to in subdivisions (a) and (b) shall be
confidential and shall be made available only to parties listed in
subdivision (d) unless the court, in its discretion, determines that
the release of the report would serve the interests of the
conservatee who is developmentally disabled. The clerk of the court
shall make provision for limiting disclosure of the report
exclusively to persons entitled thereto under this section.