Section 5362.  


Latest version.
  • (a) The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides, and the conservatee's attorney, at least 60 days before the termination of the one-year period. If the conservator is a private party, the clerk of the superior court shall also notify the mental health director and the county officer providing conservatorship investigation pursuant to Section 5355, at least 60 days before the termination of the one-year period. Notification shall be given in person or by first-class mail. The notification shall be in substantially the following form:

    In the Superior Court of the State of California
    for the County of ______

    The people of the State of California

    No. ____

    Concerning

    Notice of Termination

    of Conservatorship

    The people of the State of California to

    :

    (conservatee, conservatee's attorney, conservator, and professional person in charge of the facility in which the conservatee resides, county mental health director, and county officer providing conservatorship investigation.)

    The one-year conservatorship established for ____ pursuant to
    Welfare and Institutions Code Section ____ on ____ will
    terminate on ____. If the conservator, ____, wishes to
    reestablish conservatorship for another year he or she must petition
    the court by ____. Subject to a request for a court hearing by jury
    trial the judge may, on his or her own motion, accept or reject the
    conservator's petition.

    If the conservator petitions to reestablish conservatorship the
    conservatee, the professional person in charge of the facility in which
    he or she resides, the conservatee's attorney, and, if the conservator
    is a private party, the county mental health director and the county
    officer providing conservatorship investigation shall be notified. If
    any of them request it, there shall be a court hearing or a jury trial,
    whichever is requested, on the issue of whether the conservatee is
    still gravely disabled and in need of conservatorship. If the private
    conservator does not petition for reappointment, the county officer
    providing conservatorship investigation may recommend another
    conservator. Such a petition shall be considered a petition for
    reappointment as conservator.

    _____

    Clerk of the Superior Court

    by _____ Deputy _____

    (b) Subject to a request for a court hearing or jury trial, the judge may, on his or her own motion, accept or reject the conservator's petition.

    If the conservator does not petition to reestablish conservatorship at or before the termination of the one-year period, the court shall issue a decree terminating conservatorship. The decree shall be sent to the conservator and his or her conservatee by first-class mail and shall be accompanied by a statement of California law as set forth in Section 5368.

(Amended by Stats. 1985, Ch. 1239, Sec. 5.)