Section 1850 Of Chapter 2. Periodic Review Of Conservatorship From California Probate Code >> Division 4. >> Part 3. >> Chapter 2.
1850
. (a) Except as provided in subdivision (b), each
conservatorship initiated pursuant to this part shall be reviewed by
the court as follows:
(1) At the expiration of six months after the initial appointment
of the conservator, the court investigator shall visit the
conservatee, conduct an investigation in accordance with the
provisions of subdivision (a) of Section 1851, and report to the
court regarding the appropriateness of the conservatorship and
whether the conservator is acting in the best interests of the
conservatee regarding the conservatee's placement, quality of care,
including physical and mental treatment, and finances. The court may,
in response to the investigator's report, take appropriate action
including, but not limited to:
(A) Ordering a review of the conservatorship pursuant to
subdivision (b).
(B) Ordering the conservator to submit an accounting pursuant to
subdivision (a) of Section 2620.
(2) One year after the appointment of the conservator and annually
thereafter. However, at the review that occurs one year after the
appointment of the conservator, and every subsequent review conducted
pursuant to this paragraph, the court may set the next review in two
years if the court determines that the conservator is acting in the
best interest interests of the conservatee. In these cases, the court
shall require the investigator to conduct an investigation pursuant
to subdivision (a) of Section 1851 one year before the next review
and file a status report in the conservatee's court file regarding
whether the conservatorship still appears to be warranted and whether
the conservator is acting in the best interests of the conservatee.
If the investigator determines pursuant to this investigation that
the conservatorship still appears to be warranted and that the
conservator is acting in the best interests of the conservatee
regarding the conservatee's placement, quality of care, including
physical and mental treatment, and finances, no hearing or court
action in response to the investigator's report is required.
(b) The court may, on its own motion or upon request by any
interested person, take appropriate action including, but not limited
to, ordering a review of the conservatorship, including at a noticed
hearing, and ordering the conservator to present an accounting of
the assets of the estate pursuant to Section 2620.
(c) Notice of a hearing pursuant to subdivision (b) shall be
provided to all persons listed in subdivision (b) of Section 1822.
(d) This chapter does not apply to either of the following:
(1) A conservatorship for an absentee as defined in Section 1403.
(2) A conservatorship of the estate for a nonresident of this
state where the conservatee is not present in this state.
(e) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2007.
(f) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by Chapter
493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.