SECTIONS 1860-1865 - California Statutes

PROBATE CODE

SECTION 1860-1865

1860. (a) A conservatorship continues until terminated by the death
of the conservatee or by order of the court.
(b) If a conservatorship is established for the person of a
married minor, the conservatorship does not terminate if the marriage
is dissolved or is adjudged a nullity.
(c) This section does not apply to limited conservatorships.

1860.5. (a) A limited conservatorship continues until the
authority of the conservator is terminated by one of the following:
(1) The death of the limited conservator.
(2) The death of the limited conservatee.
(3) By an order appointing a conservator of the former limited
conservatee.
(4) By an order of the court stating that the limited
conservatorship is no longer necessary for the limited conservatee
and terminating the limited conservatorship.
(b) A petition for the termination of a limited conservatorship
may be filed by any of the following:
(1) The limited conservator.
(2) The limited conservatee.
(3) Any relative or friend of the limited conservatee.
(c) The petition shall state facts showing that the limited
conservatorship is no longer required.
(d) The petition shall be set for hearing and notice thereof shall
be given to the persons in the same manner as provided for a
petition for the appointment of a limited conservator. The limited
conservator in such case, if he or she is not the petitioner or has
not joined in the petition, 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. Such 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 such other manner as may be authorized by
the court. If the limited conservator cannot, with reasonable
diligence, be so served with notice, the court may dispense with
notice.
(e) The limited conservator or any relative or friend of the
limited conservatee may appear and oppose the petition. 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 it is determined that the limited
conservatorship is no longer required, the limited conservatorship
shall cease. If the petition alleges and if it is determined that the
limited conservatee is able to properly care for himself or herself
and for his or her property, the court shall make such finding and
enter judgment accordingly. The limited conservator may at the
hearing, or thereafter on further notice and hearing, be discharged
and his or her bond exonerated upon the settlement and approval of
the final account by the court.

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

1862. Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.

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, or the spouse, or domestic partner, or
any relative or friend of the conservatee or other interested person
may appear and support or oppose the petition.
(b) If the court determines that the conservatorship is no longer
required or that grounds for establishment of a conservatorship of
the person or estate, or both, no longer exist, the court shall make
this finding and shall enter judgment terminating the conservatorship
accordingly.
(c) 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.
(d) Termination of conservatorship does not preclude a new
proceeding for appointment of a conservator on the same or other
grounds.

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) 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.

1865. 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.