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AB 1194

Title: Conservatorship.
Author: Evan Low

Summary
AB 1194, Low. Conservatorship. Existing law, the Guardianship-Conservatorship Law generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. Existing law, the Professional Fiduciaries Act, establishes the Professional Fiduciaries Bureau within the Department of Consumer Affairs, and requires the bureau to license and regulate professional fiduciaries. The act defines a “professional fiduciary” as, among other things, a person who acts as a guardian or conservator of the person, the estate, or the person and estate, for 2 or more individuals at the same time who are not related to the professional fiduciary or to each other. Existing law requires the court to be guided by what appears to be the best interests of the proposed conservatee in selecting a conservator, and sets forth an order of preference for appointment if there are multiple persons equally qualified to be the conservator.This bill would require a professional fiduciary with an internet website to post a schedule of the range of fees on their internet website and would require a professional fiduciary without an internet website to provide that schedule, as specified. The bill would require the bureau to impose specified sanctions on a professional fiduciary’s license upon a finding of a violation of applicable statutes or regulations, a breach of fiduciary duty where there is a finding of serious financial or physical harm or mental suffering, or that the professional fiduciary has engaged in defined acts of abuse, as specified. If the court finds that a conservator who is a professional fiduciary has abused a conservatee, the bill would make the conservator liable for a civil penalty of up to $10,000 for each separate act of abuse, payable to the estate of the conservatee. The bill would make a conservator who is not a professional fiduciary who abuses a conservatee liable for civil penalties of up to $1,000 for each separate act of abuse, payable to the estate of the conservatee.This bill would require the bureau to investigate specified allegations and would authorize the bureau to impose upon a professional fiduciary, as a sanction for violation of their duties, a restitution order, as specified. The bill would require the bureau to revoke a professional fiduciary’s license if the person knowingly, intentionally, or willfully violated a legal duty or breached a fiduciary duty to a client or if the person caused serious physical or financial harm or mental suffering to a client through gross negligence or gross incompetence.Existing law conditioned upon an appropriation by the Legislature a requirement that a court investigator undertake specified actions regarding a proposed conservatee, including interviewing the proposed conservatee. Existing law authorizes specified persons to petition the court to take specified actions regarding a conservatorship.This bill would, also contingent upon an appropriation, revise the information that a court investigator is required to gather and review and the determinations the investigator is required to make. The bill would authorize an interested person, as defined, with personal knowledge of a conservatee to petition the court to investigate an allegation of physical abuse or financial abuse of a conservatee by a conservator, and would require the court to investigate those allegations that establish a prima facie case of abuse.Existing law requires the court to appoint the public defender or private counsel to represent interests of a conservatee, proposed conservatee, or person alleged to lack legal capacity who is unable to retain legal counsel and requests the appointment of counsel to assist them in particular proceedings that include, among others, proceedings to establish a conservatorship or to remove the conservator, whether or not that person lacks or appears to

Status
Read first time. To print. 02/18/2021
From printer. May be heard in committee March 21. 02/19/2021
Referred to Coms. on B. & P. and JUD. 03/18/2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. 03/22/2021
Re-referred to Com. on B. & P. 03/23/2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. 03/29/2021
Re-referred to Com. on B. & P. 03/30/2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. 04/06/2021
Re-referred to Com. on B. & P. 04/07/2021
From committee: Do pass and re-refer to Com. on JUD. (Ayes 17. Noes 0.) (April 13). Re-referred to Com. on JUD. 04/14/2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. 04/21/2021
Re-referred to Com. on JUD. 04/22/2021
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 27). 04/27/2021
Read second time and amended. 04/28/2021
Re-referred to Com. on APPR. 04/29/2021
In committee: Hearing postponed by committee. 05/10/2021
In committee: Set, first hearing. Referred to APPR. suspense file. 05/19/2021
Joint Rule 62(a), file notice suspended. 05/20/2021
From committee: Do pass. (Ayes 15. Noes 0.) (May 20). 05/20/2021
Read second time. Ordered to third reading. 05/24/2021
Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0.) 05/28/2021
In Senate. Read first time. To Com. on RLS. for assignment. 05/28/2021
Referred to Coms. on JUD. and B., P. & E.D. 06/09/2021
From committee: Amend, and do pass as amended and re-refer to Com. on B., P. & E.D. (Ayes 11. Noes 0.) (June 22). 06/23/2021
Read second time and amended. Re-referred to Com. on B., P. & E.D. 06/24/2021
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. 07/06/2021
From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (July 12). Re-referred to Com. on APPR. 07/12/2021
In committee: Referred to suspense file. 08/16/2021
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 26). 08/26/2021
Read second time and amended. Ordered returned to second reading. 08/26/2021
Read second time. Ordered to third reading. 08/30/2021
Read third time and amended. Ordered to second reading. 09/03/2021
Read second time. Ordered to third reading. 09/07/2021
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). 09/08/2021
In Assembly. Concurrence in Senate amendments pending. 09/08/2021
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). 09/09/2021
Enrolled and presented to the Governor at 3 p.m. 09/20/2021

Bill Documents
AB 1194 - Enrolled
09/14/21 - AB 1194 (Enrolled)


AB 1194 - Assembly Floor Analysis
09/08/21 - AB 1194 (Assembly Floor Analysis)

AB 1194 - Senate Floor Analyses
09/07/21 - AB 1194 (Senate Floor Analyses)

AB 1194 - Amended Senate
09/03/21 - AB 1194 (Amended Senate)

AB 1194 - Senate Floor Analyses
08/31/21 - AB 1194 (Senate Floor Analyses)

AB 1194 - Senate Appropriations
08/26/21 - AB 1194 (Senate Appropriations)

AB 1194 - Amended Senate
08/26/21 - AB 1194 (Amended Senate)

AB 1194 - Senate Appropriations
08/13/21 - AB 1194 (Senate Appropriations)

AB 1194 - Senate Business, Professions And Economic Development
07/09/21 - AB 1194 (Senate Business, Professions And Economic Development)

AB 1194 - Amended Senate
07/06/21 - AB 1194 (Amended Senate)

AB 1194 - Amended Senate
06/24/21 - AB 1194 (Amended Senate)

AB 1194 - Senate Judiciary
06/18/21 - AB 1194 (Senate Judiciary)

AB 1194 - Assembly Floor Analysis
05/24/21 - AB 1194 (Assembly Floor Analysis)

AB 1194 - Assembly Appropriations
05/17/21 - AB 1194 (Assembly Appropriations)

AB 1194 - Amended Assembly
04/28/21 - AB 1194 (Amended Assembly)

AB 1194 - Assembly Judiciary
04/24/21 - AB 1194 (Assembly Judiciary)

AB 1194 - Assembly Judiciary
04/23/21 - AB 1194 (Assembly Judiciary)

AB 1194 - Amended Assembly
04/21/21 - AB 1194 (Amended Assembly)

AB 1194 - Assembly Business And Professions
04/11/21 - AB 1194 (Assembly Business And Professions)

AB 1194 - Amended Assembly
04/06/21 - AB 1194 (Amended Assembly)

AB 1194 - Amended Assembly
03/29/21 - AB 1194 (Amended Assembly)

AB 1194 - Amended Assembly
03/22/21 - AB 1194 (Amended Assembly)

AB 1194 - Introduced
02/18/21 - AB 1194 (Introduced)

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Author Details


    Asm. Evan Low (D-CA)
    State House

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    Capital Address:
    6110 State Office Building

    Sacramento, CA 94249-0028
    Phone: (916) 319-2028

    District Address:
    20111 Stevens Creek Blvd., Suite 220

    Cupertino, CA 95014
    Phone: (408) 446-2810
    Fax: (408) 446-2815