AMENDED IN SENIOR SENATE OCTOBER 18, 2005

SENIOR SENATE PROPOSAL NO. 2

INTRODUCED BY SENIOR SENATOR MANNIA

LEGISLATIVE COUNSEL'S DIGEST

SP 2:  CONSERVATORSHIPS.

UNDER EXISTING LAW, A CONSERVATOR MAY BE APPOINTED BY THE COURT FOR A PERSON WHO IS UNABLE TO PROPERLY PROVIDE FOR HIS OR HER PERSONAL NEEDS FOR PHYSICAL HEALTH, FOOD, CLOTHING, OR SHELTER, OR IS SUBSTANTIALLY UNABLE TO MANAGE HIS OR HER OWN FINANCIAL RESOURCES, OR RESIST FRAUD OR UNDUE INFLUENCE, EXCEPT AS OTHERWISE PROVIDED.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE, THE JUDICIAL COUNCIL, AND THE GOVERNOR TO ENACT LEGISLATION OR REGULATIONS THAT WOULD REQUIRE THAT (1) AN EDUCATIONAL TRAINING MODULE BE DEVELOPED IN AN ACADEMIC SETTING WITH AN EMPHASIS ON AGING AND THE BASICS OF CONSERVATORSHIPS, (2) EXPERIENCED CONSERVATORS ACT AS MENTORS TO ASSIST NEW CONSERVATORS IN COMPLETING REQUIRED DUTIES, AND (3) ALL PERSONS REQUESTING TO BE APPOINTED CONSERVATORS ATTEND AT LEAST 2 COURT HEARINGS ON CONSERVATORSHIPS PRIOR TO BEING AUTHORIZED TO SERVE IN THIS CAPACITY.

VOTE: MAJORITY.

SP 2: RELATING TO CONSERVATORSHIPS

WHEREAS, A CONSERVATOR NEEDS TO INVOLVE THE CONSERVATEE UNDER HIS OR HER CARE IN A DAILY PLAN OF LIVING WITH RESPECT TO THAT CONSERVATEE'S VIEWS AND PREFERENCES; AND

WHEREAS, A PERSON SEEKING TO BECOME A CONSERVATOR NEEDS TO UNDERSTAND THE LEGAL IMPLICATIONS OF UNDERTAKING THIS POSITION, AND ALSO UNDERSTAND THE ROLE OF THE COURT; AND

WHEREAS, A CONSERVATOR NEEDS TO KNOW HOW TO ASSESS THE CURRENT HEALTH, WELL-BEING, AND ABILITIES OF THE CONSERVATEE; AND

WHEREAS, ON A REGULAR BASIS A CONSERVATOR NEEDS TO ASSESS THE PERSONAL AND FINANCIAL NEEDS OF THE CONSERVATEE AND DETERMINE HOW THESE NEEDS WILL BE MET; AND

WHEREAS, EXISTING LAW REQUIRES EACH COUNTY, EITHER THROUGH THE APPROPRIATE COURT OR THE OFFICE OF THE PUBLIC CONSERVATOR, TO PROVIDE ALL PRIVATE CONSERVATORS WITH WRITTEN INFORMATION REGARDING A CONSERVATOR'S RIGHTS, DUTIES, LIMITATIONS, AND RESPONSIBILITIES; AND

WHEREAS, EXISTING LAW REGARDING CONSERVATORSHIPS FURTHER REQUIRES THE JUDICIAL COUNCIL TO DEVELOP AN INFORMATION PACKAGE FOR CONSERVATORS; AND

WHEREAS, NEW CONSERVATORS ARE REQUIRED TO OBTAIN, AND ACKNOWLEDGE THEIR RECEIPT OF, A COPY OF THE "HANDBOOK FOR CONSERVATORS," DEVELOPED BY THE JUDICIAL COUNCIL, AND TO OBTAIN A STATEMENT DESCRIBING THE DUTIES AND LIABILITIES OF THE OFFICE OF CONSERVATOR, AND MAY ALSO VIEW A VIDEOTAPE ENTITLED "WITH HEART: UNDERSTANDING CONSERVATORSHIP;" AND

WHEREAS, DESPITE THESE MATERIALS BEING PROVIDED TO CONSERVATORS, MANY NEW CONSERVATORS STILL DO NOT HAVE ADEQUATE BACKGROUND OR TRAINING TO PREPARE THEM FOR THIS ROLE; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2005 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT AN EDUCATIONAL TRAINING MODULE BE DEVELOPED FOR ALL CONSERVATORS IN AN ACADEMIC SETTING WITH AN EMPHASIS ON AGING AND THE BASICS OF CONSERVATORSHIP; AND BE IT

FURTHER RESOLVED, BY THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA THAT EXPERIENCED CONSERVATORS ACT AS MENTORS FOR A DESIGNATED PERIOD OF TIME TO ASSIST NEW CONSERVATORS IN COMPLETING REQUIRED DUTIES, INCLUDING ASSESSING A CONSERVATEE'S GENERAL WELL-BEING, COMPLETING DAILY PLANS OF LIVING, AND HOW TO FIND AND USE COMMUNITY RESOURCES; AND BE IT FURTHER

RESOLVED, BY THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA THAT ALL PERSONS REQUESTING TO BE APPOINTED CONSERVATORS BE REQUIRED TO ATTEND AT LEAST 2 COURT HEARINGS ON CONSERVATORSHIPS PRIOR TO BEING AUTHORIZED TO SERVE IN THIS CAPACITY, FOR THE PURPOSE OF BECOMING FAMILIAR WITH COURT EXPECTATIONS REGARDING
CONSERVATORSHIPS; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE, THE JUDICIAL COUNCIL, AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION OR REGULATIONS THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE, AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.