California Probate Code § 2002

Probate Code
Open in Lexace · Ask the AI about this section
(a) (1) To confirm transfer of a conservatorship transferred to this state under provisions similar to Section 2001, the conservator shall petition the court in this state to accept the conservatorship. (2) The petition shall include a certified copy of the other state’s provisional order of transfer. (3) On the first page of the petition, the petitioner shall state that the conservatorship does not fall within the limitations of Section 1981. The body of the petition shall allege facts showing that this chapter applies and the requirements for transfer of the conservatorship are satisfied. (4) The petition shall specify any modifications necessary to conform the conservatorship to the law of this state, and the terms of a proposed final order accepting the conservatorship. (5) A petition for the appointment of a temporary conservator under Section 1994 and Chapter 3 (commencing with Section 2250) of Part 4 may be filed while a petition under this section is pending. The petition for the appointment of a temporary conservator shall request the appointment of a temporary conservator eligible for appointment in this state, and shall be limited to powers authorized for a temporary conservator in this state. For purposes of Chapter 3 (commencing with Section 2250) of Part 4, the court shall treat a petition under this section as the equivalent of a petition for a general conservatorship. (b) The petitioner shall give notice of a hearing on a petition under subdivision (a) to those persons that would be entitled to notice if the petition were a petition for the appointment of a conservator in both the transferring state and this state. The petitioner shall also give notice to any attorney of record for the conservatee in the transferring state and to any attorney appointed or appearing for the conservatee in this state. The petitioner shall give the notice in the same manner that notice of a petition for the appointment of a conservator is required to be given in this state, except that notice to the conservatee shall be given by mailing the petition instead of by personal service of a citation. (c) Any person entitled to notice under subdivision (b) may object to the petition on one or more of the following grounds: (1) Transfer of the proceeding would be contrary to the interests of the conservatee. (2) Under the law of the transferring state, the conservator is ineligible for appointment in this state. (3) Under the law of this state, the conservator is ineligible for appointment in this state, and the transfer petition does not identify a replacement who is willing and eligible to serve in this state. (4) This chapter is inapplicable under Section 1981. (d) Promptly after the filing of a petition under subdivision (a), the court shall appoint an investigator under Section 1454. The investigator shall promptly commence a preliminary investigation of the conservatorship, which focuses on the matters described in subdivision (f). (e) The court shall hold a hearing on a petition filed pursuant to subdivision (a). (f) The court shall issue an order provisionally granting a petition filed under subdivision (a) unless any of the following occurs: (1) The court determines that transfer of the proceeding would be contrary to the interests of the conservatee. (2) The court determines that, under the law of the transferring state, the conservator is ineligible for appointment in this state. (3) The court determines that, under the law of this state, the conservator is ineligible for appointment in this state, and the transfer petition does not identify a replacement who is willing and eligible to serve in this state. (4) The court determines that this chapter is inapplicable under Section 1981. (g) If the court issues an order provisionally granting the petition, the investigator shall promptly commence an investigation under Section 1851.1. (h) (1) Not later than 60 days after issuance of an order provisionally granting the petition, t

‹ Prev All California sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.