Amended
IN
Senate
August 26, 2021 |
Amended
IN
Senate
July 06, 2021 |
Amended
IN
Senate
June 24, 2021 |
Amended
IN
Assembly
April 28, 2021 |
Amended
IN
Assembly
April 21, 2021 |
Amended
IN
Assembly
April 06, 2021 |
Amended
IN
Assembly
March 29, 2021 |
Amended
IN
Assembly
March 22, 2021 |
Introduced by Assembly Member Low (Coauthor: Senator Laird) |
February 18, 2021 |
The bill would require the bureau to investigate when the court takes action to impose a penalty on a professional fiduciary, finds that a professional fiduciary has abused the conservatee, sanctions or removes for cause a professional fiduciary, or determines that cause for removal exists for a professional fiduciary and would require the court to report those actions to the bureau, as specified.
Existing law authorizes a court to refer certain issues relating to a conservatorship to a court investigator and prescribes the duties of an investigator in this regard, which include interviewing specified relatives of a proposed conservatee, conducting investigations of, and reporting to a court about, the appropriateness of a conservatorship, and, to the extent practicable, reviewing accountings with a conservatee. Existing law requires a court to review each limited conservatorship one year after the appointment of the conservator and biennially thereafter. Existing law permits specified parties to file a petition for an appointment of a temporary guardian or a temporary conservator and establishes requirements for the
petition and for notice of the hearing on the petition. Existing law makes the requirement that a court implement these provisions contingent on the Legislature appropriating moneys for that purpose.
This bill would require the court to implement the above-described provisions, without a specific appropriation.
On or before January 1, 2023, a licensee with an internet website shall post on that internet website a schedule of the range of fees charged for services offered, including, but not limited to, the hourly fees charged and the average fees per year. If the licensee does not have an internet website, the licensee shall provide a schedule or range of fees charged for services offered prior to execution of the contract for hire or, if the client is a proposed conservatee, then the licensee shall also provide all interested parties with the schedule of the range of fees charged for services offered, including, but not limited to, the hourly fees and average fees per year.
(a)The bureau shall initiate an investigation for a disciplinary proceeding against a licensee if the bureau receives either of the following:
(1)(A)A report from a court, including, but not limited to, the investigation file, standard of proof used, and any underlying information or documents, that the court has done any of the following:
(i)Imposed a penalty on the licensee, as provided in subdivision (d) of Section 1051 of the Probate Code.
(ii)Removed the licensee as a conservator for cause, as provided in
paragraph (3) of subdivision (c) of Section 2653 of the Probate Code.
(iii)Made a finding that the licensee has abused a conservatee, as provided in subdivision (b) of Section 2112 of the Probate Code.
(B)Failure of the court to provide supporting documentation does not relieve the bureau of its duty to take action.
(2)A certified copy of a judicial or administrative finding that the licensee harmed a conservatee or ward in their care. For purposes of this paragraph, “harm” includes, but is not limited to, acting wrongfully toward a conservatee or engaging in an act described in Section 15610.07 of the Welfare
and Institutions Code.
(b)In a proceeding under subdivision (a), the bureau shall take one of the following actions:
(1)Revoke the license, if the bureau finds both of the following:
(A)The licensee acted willfully, with gross negligence, or with gross incompetence.
(B)The harm resulting from the act was substantial.
(2)If the bureau does not revoke the license pursuant to paragraph (1), suspend the license, unless the licensee shows both of the following:
(A)The licensee acted in good faith.
(B)No harm resulted from the act or the harm resulting from the act was minimal.
(3)If the bureau does not suspend the license pursuant to paragraph (2), place the license on probation.
(e)
(c)Notice of a hearing pursuant to subdivision (b) shall be provided to all persons listed in subdivision (b) of Section 1822.
(d)
(e)The amendments made to this section by the act adding this subdivision shall become operative on July 1,
2007.
(C)
(D)
(b)
(c)
(e)
(b)If the court determines that the conservatorship is no longer required or that grounds for establishment of a conservatorship of the person or estate, or both, no longer exist, the court shall make this finding and shall enter judgment terminating the conservatorship accordingly.
(c)
(d)
The proposed temporary conservatee shall attend the hearing except in the following cases:
(a)If the proposed temporary conservatee is out of the state when served and is not the petitioner.
(b)If the proposed temporary conservatee is unable to attend the hearing by reason of medical inability.
(c)If the court investigator has visited the proposed conservatee prior to the hearing and the court investigator has reported to the court that the proposed temporary conservatee has expressly communicated that all of the following apply:
(1)The proposed conservatee is not willing to attend the hearing.
(2)The proposed conservatee does not wish to contest the establishment of the temporary conservatorship.
(3)The proposed conservatee does not object to the proposed temporary conservator or prefer that another person act as temporary conservator.
(d)If the court determines that the proposed conservatee is unable or unwilling to attend the hearing, and holding the hearing in the absence of the proposed conservatee is necessary to protect the conservatee from substantial harm.
(d)
(c)This section does not prohibit the court from reducing the compensation requested in the petition if