Bill Text

PDF |Add To My Favorites | print page

AB-2236 Conservatorships.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 07/18/2018 09:00 PM
AB2236:v96#DOCUMENT

Assembly Bill No. 2236
CHAPTER 126

An act to amend Section 1860 of the Probate Code, relating to conservatorships.

[ Approved by Governor  July 18, 2018. Filed with Secretary of State  July 18, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2236, Maienschein. Conservatorships.
Existing law provides that a conservatorship continues until terminated by the death of the conservatee or by order of the court. Notwithstanding that provision, existing law provides that a conservator continues to have the duty of custody and conservation of the estate after the death of the conservatee pending the delivery of the estate to the conservatee’s estate or other disposition according to law. Among other provisions, existing law further provides that upon the death of a conservatee, the conservator is authorized to contract for and pay for the reasonable expenses of the deceased conservator and the unpaid expenses of the conservatorship from any personal property under the control of the conservator. Existing law provides that the court continues to have jurisdiction over these proceedings, as specified.
This bill would clarify that a conservatorship continues until terminated by the death of the conservatee or by order of the court, subject to the existing provisions of law described above that, among other things, continue to authorize a conservator to take certain actions with regard to the estate of a deceased conservatee.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1860 of the Probate Code is amended to read:

1860.
 (a) A conservatorship continues until terminated by the death of the conservatee or by order of the court, subject to Section 2467 and Article 4 (commencing with Section 2630) of Chapter 7 of Part 4, and except as otherwise provided by law.
(b) If a conservatorship is established for the person of a married minor, the conservatorship does not terminate if the marriage is dissolved or is adjudged a nullity.
(c) This section does not apply to limited conservatorships.