Section § 2011

Explanation

If someone has been appointed as a conservator in another state, they can register their conservatorship in California, as long as no petition for a conservator is already pending here. They need to file the necessary paperwork, which includes a certified copy of the conservatorship order, letters of office, and proof of notice, along with a specific cover sheet in the superior court in any suitable county in California.

If a conservator of the person has been appointed in another state and a petition for the appointment of a conservator of the person is not pending in this state, the conservator of the person appointed in the other state, after providing notice pursuant to Section 2014, may register the conservatorship order in this state by filing certified copies of the order and letters of office, and proof of notice as required herein, together with a cover sheet approved by the Judicial Council, in the superior court of any appropriate county of this state.

Section § 2012

Explanation

If someone is a conservator of an estate in another state, and there's no conservatorship process happening in California for this person, they can register their out-of-state conservatorship here. To do that, they'll need to send certified copies of the conservatorship order, letters of office, and any bond to a superior court in California where the person owns property. They'll also need to follow a specific notice process and include a cover sheet approved by the Judicial Council.

If a conservator of the estate has been appointed in another state and a petition for a conservatorship of the estate is not pending in this state, the conservator appointed in the other state, after providing notice pursuant to Section 2014, may register the conservatorship order in this state by filing certified copies of the order and letters of office and of any bond, and proof of notice as required herein, together with a cover sheet approved by the Judicial Council, in the superior court of any county of this state in which property belonging to the conservatee is located.

Section § 2013

Explanation

If someone is appointed as a conservator for a person and their finances in another state and no conservatorship is being considered in California, that person can register their out-of-state conservatorship in California. To do this, they must file official, certified documents from the other state, including the conservatorship order and proof of notification, in a California court, along with a specially approved cover sheet.

If a conservator of the person and estate has been appointed in another state and a petition for a conservatorship of the person, conservatorship of the estate, or conservatorship of the person and estate is not pending in this state, the conservator appointed in the other state, after providing notice pursuant to Section 2014, may register the conservatorship order in this state by filing certified copies of the order and letters of office and of any bond, and proof of notice as required herein, together with a cover sheet approved by the Judicial Council, in the superior court of any appropriate county of this state.

Section § 2014

Explanation

Before you register a conservatorship in California, you need to let certain people know 15 days in advance. These people include the court where the conservatorship is being managed and anyone who would normally be notified about a conservator appointment both in California and where the conservatorship is currently supervised.

The notices you send should clearly state that the conservator must follow California laws and can't do anything that's against local rules. If the conservator wants to take specific actions that need court approval in California, the recipient will be notified and can participate or object as per state law. The notice must also tell recipients where they can find out more about conservator rights and duties online for free. Lastly, it's important to mention that this registration is only valid while the person needing protection lives outside California and doesn't authorize any actions if they're living in the state.

(a)CA Probate Code § 2014(a) At least 15 days before registering a conservatorship in this state, the conservator shall provide notice of an intent to register to all of the following:
(1)CA Probate Code § 2014(a)(1) The court supervising the conservatorship.
(2)CA Probate Code § 2014(a)(2) Every person who would be entitled to notice of a petition for the appointment of a conservator in the state where the conservatorship is being supervised.
(3)CA Probate Code § 2014(a)(3) Every person who would be entitled to notice of a petition for the appointment of a conservator in this state.
(b)CA Probate Code § 2014(b) Each notice provided pursuant to subdivision (a) shall comply with all of the following:
(1)CA Probate Code § 2014(b)(1) The notice shall prominently state that when a conservator acts pursuant to this article, the conservator is subject to the law of this state governing the action, including, but not limited to, all applicable procedures, and is not authorized to take any action prohibited by the law of this state.
(2)CA Probate Code § 2014(b)(2) The notice shall explain that if a conservatorship is registered pursuant to this article, and the conservator later proposes to take a specific action pursuant to this article, which, under the law of this state, requires court approval or other action in court, the conservator will be required to notify the recipient of the request for court approval or other court action, and the recipient will have an opportunity to object or otherwise participate at that time, in the same manner as other persons are entitled to object or otherwise participate under the law of this state.
(3)CA Probate Code § 2014(b)(3) The notice shall advise the recipient that information about a conservator’s rights, duties, limitations, and responsibilities under the law of this state is available, free of charge, on an Internet Web site maintained by the Judicial Council. The notice shall explain specifically how to locate that information on the Judicial Council’s Internet Web site.
(c)CA Probate Code § 2014(c) Except as provided in subdivision (c) of Section 2023, each notice provided pursuant to subdivision (a) shall also prominently state that the registration is effective only while the conservatee resides in another jurisdiction and does not authorize the conservator to take any action while the conservatee is residing in this state.

Section § 2015

Explanation

When a conservatorship is registered in California, the court must give the conservator written details about their rights and responsibilities. The court can charge a fee for this information, which will be distributed as explained elsewhere. The conservator must confirm they received this information by filing a specific form.

Upon registration of a conservatorship pursuant to this article, the court shall provide the conservator with written information concerning a conservator’s rights, duties, limitations, and responsibilities in this state, as specified in Section 1835. To cover the costs of providing that information, a court may charge the conservator the fee specified in Section 1835, which shall be distributed as specified in that section. The conservator shall file an acknowledgment of receipt of the written information, on a form prescribed by the Judicial Council.

Section § 2016

Explanation

This law allows a conservator to manage a conservatee's affairs in California if the conservatorship was established in another state and registered here. The conservator must comply with California laws and cannot perform actions that these laws prohibit. If California law requires specific court approvals or actions for certain conservatorship powers, the conservator must seek approval from a California court. The court in California will coordinate with the out-of-state court overseeing the conservatorship.

The conservator must notify certain individuals of any court proceedings, including the court supervising the conservatorship and those who would need to be informed about the appointment of a conservator both in the originating state and in California. These individuals have the right to object or participate in the proceedings. These rules apply only if the conservatee is living outside of California; otherwise, the conservator cannot use their registered powers. California courts can also offer remedies or enforce orders as needed.

(a)CA Probate Code § 2016(a) Upon registration of a conservatorship order from another state and the filing by the conservator of an acknowledgment of receipt of the written information required by Section 2015, the conservator may, while the conservatee resides out of this state, exercise in any county of this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties. When acting pursuant to registration, the conservator is subject to the law of this state governing the action, including, but not limited to, all applicable procedures, and is not authorized to take any action prohibited by the law of this state. If a law of this state, including, but not limited to, Section 2352, 2352.5, 2355, 2356.5, 2540, 2543, 2545, or 2591.5, or Article 2 (commencing with Section 1880) of Chapter 4 of Part 4, mandates compliance with special requirements to exercise a particular conservatorship power or take a particular step, the conservator of a registered conservatorship may not exercise that power or take that step without first complying with those special requirements.
(b)Copy CA Probate Code § 2016(b)
(1)Copy CA Probate Code § 2016(b)(1) When subdivision (a) requires a conservator to comply with a law of this state that makes it necessary to obtain court approval or take other action in court, the conservator shall seek that approval or proceed as needed in an appropriate court of this state. In handling the matter, that court shall communicate and cooperate with the court that is supervising the conservatorship, in accordance with Sections 1984 and 1985.
(2)CA Probate Code § 2016(b)(2) In addition to providing any other notice required by law, the conservator shall provide notice of a court proceeding under paragraph (1) to all of the following:
(A)CA Probate Code § 2016(b)(2)(A) The court supervising the conservatorship.
(B)CA Probate Code § 2016(b)(2)(B) Every person who would be entitled to notice of a petition for the appointment of a conservator in the state where the conservatorship is being supervised.
(C)CA Probate Code § 2016(b)(2)(C) Every person who would be entitled to notice of a petition for the appointment of a conservator in this state.
(3)CA Probate Code § 2016(b)(3) Any person entitled to notice under paragraph (2) may raise an objection or otherwise participate in the proceeding in the same manner as other persons are allowed to do under the law of this state.
(c)CA Probate Code § 2016(c) Subdivision (a) applies only when the conservatee resides out of this state. When the conservatee resides in this state, a conservator may not exercise any powers pursuant to a registration under this article.
(d)CA Probate Code § 2016(d) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.

Section § 2017

Explanation

This law protects a third person from liability when they act in good faith based on a conservatorship order registered in California, as long as certain conditions are met. The conservator must provide valid registration documents, including a copy of the conservatorship order. They also need to present a form stating that the conservatee does not live in California and promise to notify if that changes. The third person should not know if the conservatee starts living in California.

This law clarifies that a person is not automatically liable by not meeting these conditions and does not affect any existing legal immunities.

(a)CA Probate Code § 2017(a) A third person who acts in good faith reliance on a conservatorship order registered under this article is not liable to any person for so acting if all of the following requirements are satisfied:
(1)CA Probate Code § 2017(a)(1) The conservator presents to the third person a file-stamped copy of the registration documents required by Section 2011, 2012, or 2013, including, but not limited to, the certified copy of the conservatorship order.
(2)CA Probate Code § 2017(a)(2) Each of the registration documents, including, but not limited to, the conservatorship order and the file-stamped cover sheet, appears on its face to be valid.
(3)CA Probate Code § 2017(a)(3) The conservator presents to the third person a form approved by the Judicial Council, in which the conservator attests that the conservatee does not reside in this state and the conservator promises to promptly notify the third person if the conservatee becomes a resident of this state. The form shall also prominently state that the registration is effective only while the conservatee resides in another jurisdiction and does not authorize the conservator to take any action while the conservatee is residing in this state.
(4)CA Probate Code § 2017(a)(4) The third person has not received any actual notice that the conservatee is residing in this state.
(b)CA Probate Code § 2017(b) Nothing in this section is intended to create an implication that a third person is liable for acting in reliance on a conservatorship order registered under this article under circumstances where the requirements of subdivision (a) are not satisfied. Nothing in this section affects any immunity that may otherwise exist apart from this section.

Section § 2018

Explanation

If you've registered documents as required by Sections 2011, 2012, or 2013, you can record a copy of those documents with any county recorder in California. This means making them a part of the public records. The recorder's office can charge a fair fee for this service.

(a)CA Probate Code § 2018(a) A file-stamped copy of the registration documents required by Section 2011, 2012, or 2013 may be recorded in the office of any county recorder in this state.
(b)CA Probate Code § 2018(b) A county recorder may charge a reasonable fee for recordation under subdivision (a).

Section § 2019

Explanation

This section says that a conservatorship order from a California tribal court can be registered in California, even if the person under conservatorship doesn't live in the state. Once registered, the order is still valid no matter where the conservatee lives. Additionally, certain requirements from another section don't apply to these tribal court conservatorships.

Notwithstanding any other provision of this article:
(a)CA Probate Code § 2019(a) A conservatorship order of a court of a California tribe can be registered under Section 2011, 2012, or 2013, regardless of whether the conservatee resides in California.
(b)CA Probate Code § 2019(b) The effect of a conservatorship order of a court of a California tribe that is registered under Section 2011, 2012, or 2013 is not contingent on whether the conservatee resides in California.
(c)CA Probate Code § 2019(c) Paragraphs (3) and (4) of subdivision (a) of Section 2017 do not apply to a conservatorship order of a court of a California tribe.