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CA SB1005

Bill

Status

Passed

7/1/2022

Primary Sponsor

Bob Wieckowski

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Expands conservator powers to include the ability to consent and agree to partition of a conservatee's personal residence or other real or personal property, and to bring actions for partition of such property.

  • Requires conservators seeking to partition a conservatee's present or former personal residence to notify the court and discuss the proposed partition with the conservatee, similar to requirements for sales of personal residences.

  • Subjects partition of a conservatee's personal residence to the same "clear and convincing evidence" standard requiring a "compelling need" that applies to sales of personal residences under existing law.

  • Allows conservators to partition other real or personal property of the estate based on three conditions: insufficient income for support, necessity to pay debts, or advantage and benefit to the conservatee or estate.

  • Clarifies that powers to sell the conservatee's personal residence or bring partition actions do not require court confirmation, provided requirements of Sections 2352.5, 2540, 2541, and 2541.5 are met.

Legislative Description

Conservatorship: sale of personal residence.

Last Action

Chaptered by Secretary of State. Chapter 91, Statutes of 2022.

7/1/2022

Committee Referrals

Judiciary5/5/2022
Judiciary2/23/2022
Rules2/14/2022

Full Bill Text

No bill text available