Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction ActRegistration and Recognition of Orders From Other States
Section § 2011
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.
Section § 2012
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.
Section § 2013
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.
Section § 2014
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.
Section § 2015
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.
Section § 2016
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.
Section § 2017
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.
Section § 2018
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.
Section § 2019
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.