ConservatorshipTermination

Section § 1860

Explanation

This law section discusses when and how a conservatorship can end. A conservatorship generally continues until the person under care passes away or a court order ends it. For married minors with a conservatorship, the conservatorship doesn't automatically end if the marriage is dissolved. This rule doesn't apply to limited conservatorships. Additionally, changes to these rules won't require courts to act unless specific funding is provided by the Legislature.

(a)CA Probate Code § 1860(a) A conservatorship continues until terminated by the death of the conservatee or by order of the court pursuant to Section 1863, 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)CA Probate Code § 1860(b) At a hearing under Section 1850 or a hearing on a petition to terminate a conservatorship under Section 1861, the court shall proceed as provided in Section 1863.
(c)CA Probate Code § 1860(c) If a conservatorship is established for the person of a married minor, the conservatorship does not terminate automatically if the marriage is dissolved or is adjudged a nullity.
(d)CA Probate Code § 1860(d) This section does not apply to limited conservatorships.
(e)CA Probate Code § 1860(e) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by the measure that added this subdivision until the Legislature makes an appropriation identified for this purpose.
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Section § 1860.5

Explanation

This law explains how a limited conservatorship can end and who can request its termination. It ends if the conservator or conservatee dies, or if a new conservator is appointed, or a court ends it. Those who can ask the court to end it include the conservator, the conservatee, or any of the conservatee's friends or relatives. A petition needs to show why the conservatorship is no longer needed.

At hearings, the conservatee usually must attend unless they are out of state, medically unable, or don't object to the conservatorship continuing. The court can order termination unless it provides clear evidence the conservatorship is still necessary and minimally restrictive. Relatives or friends can support or oppose termination, and if uncontested, the court might skip a full hearing.

(a)CA Probate Code § 1860.5(a) A limited conservatorship continues until the authority of the conservator is terminated by one of the following:
(1)CA Probate Code § 1860.5(a)(1) The death of the limited conservator.
(2)CA Probate Code § 1860.5(a)(2) The death of the limited conservatee.
(3)CA Probate Code § 1860.5(a)(3) An order appointing a conservator of the former limited conservatee.
(4)CA Probate Code § 1860.5(a)(4) An order of the court terminating the limited conservatorship.
(b)CA Probate Code § 1860.5(b) A petition for the termination of a limited conservatorship may be filed by any of the following:
(1)CA Probate Code § 1860.5(b)(1) The limited conservator.
(2)CA Probate Code § 1860.5(b)(2) The limited conservatee.
(3)CA Probate Code § 1860.5(b)(3) Any relative or friend of the limited conservatee.
(c)CA Probate Code § 1860.5(c) The petition shall state facts showing that the limited conservatorship is no longer required.
(d)CA Probate Code § 1860.5(d) Notice of a hearing pursuant to Section 1850.5 or on a petition filed pursuant to this section shall be given to the same persons and in the same manner as provided for a petition for the appointment of a limited conservator.
(1)CA Probate Code § 1860.5(d)(1) If a petition is filed and the limited conservator is not the petitioner, or has not joined in the petition, the limited conservator shall be served with a notice of the time and place of the hearing accompanied by a copy of the petition at least five days prior to the hearing. This service shall be made in the same manner provided for in Section 415.10 or 415.30 of the Code of Civil Procedure or in another manner authorized by the court. If the limited conservator cannot, with reasonable diligence, be so served with notice, the court may dispense with notice.
(2)CA Probate Code § 1860.5(d)(2) If the court sets a hearing pursuant to Section 1850.5 to consider termination of a limited conservatorship and no petition is filed, the court shall order the limited conservator to give notice of the hearing as provided in this subdivision and to appear at the hearing and show cause why the limited conservatorship should not be terminated.
(e)Copy CA Probate Code § 1860.5(e)
(1)Copy CA Probate Code § 1860.5(e)(1) The limited conservatee shall be produced at the hearing except in the following cases:
(A)CA Probate Code § 1860.5(e)(1)(A) When the limited conservatee is out of the state and is not the petitioner.
(B)CA Probate Code § 1860.5(e)(1)(B) When the limited conservatee is unable to attend the hearing by reason of medical inability.
(C)CA Probate Code § 1860.5(e)(1)(C) When the court investigator has reported to the court that the limited conservatee has expressly communicated that the limited conservatee (i) is not willing to attend the hearing, (ii) does not wish to contest the continuation of the limited conservatorship, and (iii) does not object to the current limited conservator or prefer that another person act as limited conservator, and the court makes an order that the limited conservatee need not attend the hearing.
(2)CA Probate Code § 1860.5(e)(2) If the limited conservatee is unable to attend the hearing because of medical inability, that inability shall be established by the affidavit or certificate of a licensed medical practitioner or, 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 the limited conservatee’s inability to attend the hearing and shall not be considered in determining the issue of need for the continuation of the limited conservatorship.
(3)CA Probate Code § 1860.5(e)(3) 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.
(f)CA Probate Code § 1860.5(f) The limited conservator or any relative or friend of the limited conservatee may appear and support or oppose termination of the limited conservatorship. The court shall hear and determine the matter according to the laws and procedures relating to the trial of civil actions, including trial by jury if demanded. If the court terminates the limited conservatorship, the limited conservator may, either at the hearing or thereafter on further notice and hearing, be discharged and the bond exonerated upon the settlement and approval of the final account by the court.
(g)Copy CA Probate Code § 1860.5(g)
(1)Copy CA Probate Code § 1860.5(g)(1) The court shall order the termination of the limited conservatorship unless the court finds, on the record and by clear and convincing evidence, that the limited conservatee still meets the criteria for appointment of a limited conservator under Section 1801 and a limited conservatorship remains the least restrictive alternative needed for the limited conservatee’s protection.
(2)CA Probate Code § 1860.5(g)(2) If the petition for termination is uncontested and states facts showing that both the limited conservator and limited conservatee wish to terminate the limited conservatorship, and the conservatorship is no longer the least restrictive alternative for the limited conservatee’s protection, the court may terminate the limited conservatorship without an evidentiary hearing.
(h)CA Probate Code § 1860.5(h) If the court determines, by clear and convincing evidence, that the limited conservatee meets the criteria for appointment of a limited conservator under Section 1801, the court shall determine whether to modify the powers granted to the limited conservator to ensure that the limited conservatorship remains the least restrictive alternative needed for the limited conservatee’s protection. If the court modifies any powers granted to the limited conservator, new letters shall issue.
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Section § 1861

Explanation

This section explains who can file for the end of a conservatorship, which is a legal arrangement where someone manages another person's affairs because they can't do it themselves. The people who can petition to end this arrangement include the person overseeing the conservatorship (the conservator), the person whose affairs are being managed (the conservatee), and their spouse, domestic partner, relatives, friends, or other interested individuals. The petition must include reasons showing why the conservatorship is no longer needed.

(a)CA Probate Code § 1861(a) A petition for the termination of the conservatorship may be filed by any of the following:
(1)CA Probate Code § 1861(a)(1) The conservator.
(2)CA Probate Code § 1861(a)(2) The conservatee.
(3)CA Probate Code § 1861(a)(3) The spouse, or domestic partner, or any relative or friend of the conservatee or other interested person.
(b)CA Probate Code § 1861(b) The petition shall state facts showing that the conservatorship is no longer required.
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Section § 1861.5

Explanation

This law says that if a person under a conservatorship tells the court they want to end the conservatorship, the court must appoint them a lawyer and schedule a hearing to discuss ending it. This will happen if there hasn't been a hearing about ending the conservatorship in the past year, or if the court feels there's a good reason to have a hearing.

Upon the receipt of a communication from the conservatee that the conservatee wishes to terminate the conservatorship, a court shall appoint counsel for the conservatee and set a hearing for the termination of the conservatorship when either of the following conditions apply:
(a)CA Probate Code § 1861.5(a) There has not been a hearing for the termination of the conservatorship within the 12 months preceding the communication from the conservatee.
(b)CA Probate Code § 1861.5(b) The court believes there is good cause to set a hearing for the termination of the conservatorship.
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Section § 1862

Explanation

This law section explains how notice must be given for a hearing to decide if a conservatorship should end. The notice has to follow specific rules in another part of the law (Chapter 3 starting with Section 1460). If the court schedules a hearing and no formal petition is filed, the conservator must inform others about the hearing and must attend the hearing to explain why the conservatorship shouldn't be ended.

(a)CA Probate Code § 1862(a) Notice of the hearing to consider the termination of the conservatorship shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(b)CA Probate Code § 1862(b) If the court sets a hearing pursuant to paragraph (2) of subdivision (a) of Section 1850 and no petition is filed, the court shall order the conservator to give notice of the hearing as provided in subdivision (a), and to appear at the hearing and show cause why the conservatorship should not be terminated.
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Section § 1863

Explanation

This law explains how a court decides whether to continue or end a conservatorship. Various people, including the conservator, conservatee, or family members, can participate in the court case. The conservatee usually needs to be at the hearing unless they are medically unable or choose not to contest or attend. Medical reasons must be proven by a doctor's statement.

The law requires strong proof to keep a conservatorship, showing it's necessary and the least restrictive option. If the proof isn't clear, the court must end the conservatorship. If the conservatorship is kept, the court may adjust the conservator's powers but must ensure it remains the least restrictive option.

Limited conservatorships are not covered under this section, and ending a conservatorship doesn’t stop a new one from starting. If everyone agrees the conservatorship should end and it's no longer necessary, the court can terminate it without a full hearing.

(a)CA Probate Code § 1863(a) The court shall hear and determine the matter according to the law and procedure relating to the trial of civil actions, including trial by jury if demanded by the conservatee. The conservator, the conservatee, the spouse or domestic partner, or any relative or friend of the conservatee or other interested person may appear and support or oppose the termination of the conservatorship.
(b)Copy CA Probate Code § 1863(b)
(1)Copy CA Probate Code § 1863(b)(1) The conservatee shall be produced at the hearing except in the following cases:
(A)CA Probate Code § 1863(b)(1)(A) When the conservatee is out of the state and is not the petitioner.
(B)CA Probate Code § 1863(b)(1)(B) When the conservatee is unable to attend the hearing by reason of medical inability.
(C)CA Probate Code § 1863(b)(1)(C) When the court investigator has reported to the court that the conservatee has expressly communicated that the conservatee (i) is not willing to attend the hearing, (ii) does not wish to contest the continuation of the conservatorship, and (iii) does not object to the current conservator or prefer that another person act as conservator, and the court makes an order that the conservatee need not attend the hearing.
(2)CA Probate Code § 1863(b)(2) If the conservatee is unable to attend the hearing because of medical inability, that inability shall be established by the affidavit or certificate of a licensed medical practitioner or, 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 the conservatee’s inability to attend the hearing and shall not be considered in determining the issue of need for the continuation of the conservatorship.
(3)CA Probate Code § 1863(b)(3) 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.
(c)CA Probate Code § 1863(c) Unless the court determines, on the record and by clear and convincing evidence, that (1) the conservatee still meets the criteria for appointment of a conservator of the person under subdivision (a) of Section 1801, a conservator of the estate under subdivision (b) of Section 1801, or both; and (2) a conservatorship remains the least restrictive alternative needed for the conservatee’s protection, as required by subdivision (b) of Section 1800.3, the court shall enter judgment terminating the conservatorship.
(d)CA Probate Code § 1863(d) If the court determines, by clear and convincing evidence, that the conservatee meets the criteria for appointment of a conservator of the person under subdivision (a) of Section 1801, a conservator of the estate under subdivision (b) of Section 1801, or both, the court shall determine whether to modify the existing powers of the conservator to ensure that the conservatorship remains the least restrictive alternative needed for the conservatee’s protection and shall order the conservatorship to continue accordingly. If the court modifies the existing powers of the conservator, new letters shall issue.
(e)CA Probate Code § 1863(e) At the hearing, or thereafter on further notice and hearing, the conservator may be discharged and the bond given by the conservator may be exonerated upon the settlement and approval of the conservator’s final account by the court.
(f)CA Probate Code § 1863(f) This section does not apply to limited conservatorships.
(g)CA Probate Code § 1863(g) Termination of conservatorship does not preclude a new proceeding for appointment of a conservator on the same or other grounds.
(h)CA Probate Code § 1863(h) If a petition for termination pursuant to Section 1861 is uncontested and states facts showing that both the conservator and conservatee wish to terminate the conservatorship and the conservatorship is no longer the least restrictive alternative for the conservatee’s protection, the court may terminate the conservatorship without an evidentiary hearing.
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Section § 1864

Explanation

If someone is under a conservatorship because they are missing (an absentee), certain officials from the state or federal government can ask the court to end the conservatorship.

The court will terminate the conservatorship if it's proven that the person has returned, is under the control of a military or civilian department, or has died.

A written report from the relevant department can be used as proof that the person is back or has passed away.

(a)CA Probate Code § 1864(a) In the case of the conservatorship of an absentee as defined in Section 1403, the petition to terminate the conservatorship may also be filed by any officer or agency of this state or of the United States or the authorized delegate thereof.
(b)CA Probate Code § 1864(b) If the petition states and the court determines that the absentee has returned to the controllable jurisdiction of the military department or civilian department or agency concerned, or is deceased, as determined under 37 United States Code, Section 556, or 5 United States Code, Section 5566, as the case may be, the court shall order the conservatorship terminated. An official written report or record of such military department or civilian department or agency that the absentee has returned to such controllable jurisdiction or is deceased shall be received as evidence of such fact.
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Section § 1865

Explanation

This law states that if a person under a conservatorship was not allowed to vote, when the conservatorship ends, the court must inform the local elections official that the person can now register to vote again.

If the conservatee has been disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code, upon termination of the conservatorship, the court shall notify the county elections official of the county of residence of the former conservatee that the former conservatee’s right to register to vote is restored.
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