Title
Title
Probate Conservatorships: Voting Capacity of Conservatees (Action Required)
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Summary
Summary
The Probate and Mental Health Advisory Committee recommended that the Judicial Council revise the Citation for Conservatorship (form GC-320), the Order Appointing Court Investigator (form GC-330), and the Order Appointing Court Investigator (Review and Successor Conservator Investigations) (form GC-331), three of four conservatorship forms the council revised on December 11, 2015, effective January 1, 2016, to reflect changes in the law concerning a conservatee's capacity to vote. All of these forms, plus an additional conservatorship form revised by circulating order effective January 15, 2016, were circulated for public comment in the winter 2016 comment cycle before and after those effective dates. Forms GC-320, GC-330, and GC-331 are proposed for additional revisions in response to comments received. These revisions would be effective on July 1, 2016. The other conservatorship forms revised in December 2015 or in January 2016 are not recommended for further revisions. They would retain their current effective dates.
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Recommendation
Recommendation
The Probate and Mental Health Advisory Committee recommended that the Judicial Council:
1. Revise the Citation for Conservatorship (form GC-320) by:
a) Moving items 6 and 7 from the bottom of page 1 of the form to the top of page 2. These items respectively refer to the rights a proposed conservatee has to appear in court and oppose the petition for appointment of a conservator, and to the rights a proposed limited conservatee has to oppose the petition for appointment of a limited conservator in part by objecting to any or all of the requested duties and powers of the proposed limited conservator;
b) Eliminating the word "But" from the beginning of the second sentence in item 4 on page 1 so the sentence would read in part: "You will not be disqualified from voting on the basis that y...
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