(a) If a temporary conservator of the person proposes to fix the residence of the conservatee at a place other than that where the conservatee resided before the commencement of the proceedings, that power shall be requested of the court in writing, unless the change of residence is required of the conservatee by a prior court order. The request shall be filed with the petition for temporary conservatorship or, if a temporary conservatorship has already been established, separately. The request shall specify in detail the place to which the temporary conservator proposes to move the conservatee, the precise reasons that the petitioner or temporary conservator has concluded that the conservatee will suffer irreparable harm if the change of residence is not permitted, and why no means less restrictive of the conservateeâs liberty will suffice to prevent that harm. (b) The court investigator shall do all of the following: (1) Interview the conservatee personally. (2) Inform the conservatee of the nature, purpose, and effect of the request made under subdivision (a), and of the right of the conservatee to oppose the request, attend the hearing, be represented by legal counsel, and to have legal counsel appointed by the court if not otherwise represented by legal counsel. (3) Determine whether the conservatee is unable to attend the hearing because of medical inability and, if able to attend, whether the conservatee is willing to attend the hearing. (4) Determine whether the conservatee wishes to oppose the request. (5) Determine whether the conservatee wishes to be represented by legal counsel at the hearing and, if so, whether the conservatee has retained legal counsel and, if not, whether the conservatee plans to retain legal counsel. (6) Determine, by considering, among other things, the medical information received pursuant to paragraph (7), whether the proposed change of place of residence is required to prevent irreparable harm to the conservatee and whether no means less restrictive of the conservateeâs liberty will suffice to prevent that harm. (7) Gather and review relevant medical reports regarding the proposed conservatee from the proposed conservateeâs primary care physician and other relevant mental and physical health care providers. (8) Report to the court in writing, at least two days before the hearing, concerning all of the foregoing, including the conservateeâs express communications concerning representation by legal counsel and whether the conservatee is not willing to attend the hearing and does not wish to oppose the request. (c) Within seven days of the date of filing of a temporary conservatorâs request to remove the conservatee from the conservateeâs previous place of residence, the court shall hold a hearing on the request. (d) The conservatee shall be present at the hearing except in the following cases: (1) Where the conservatee is unable to attend the hearing by reason of medical inability. Emotional or psychological instability is not good cause for the absence of the conservatee from the hearing unless, by reason of that instability, attendance at the hearing is likely to cause serious and immediate physiological damage to the conservatee. (2) Where the court investigator has reported to the court that the conservatee has expressly communicated that the conservatee is not willing to attend the hearing and does not wish to oppose the request, and the court makes an order that the conservatee need not attend the hearing. (e) If the conservatee is unable to attend the hearing because of medical inability, that inability shall be established (1) by the affidavit or certificate of a licensed medical practitioner or (2) if the conservatee is an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing and is under treatment by an accredited practitioner of that religion, by the affidavit of the practitioner. The affidavit or certificate is evidence only of
‹ 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.