2014 California Legislation Affecting Probate Estates, Trusts, Guardianships and Conservatorships
| Publication year | 2014 |
| Author | By James R. Birnberg, Esq.,* and Karl F. Mill, Esq.** |
By James R. Birnberg, Esq.,* and Karl F. Mill, Esq.**
SB 940, referred to as the California Conservatorship Jurisdiction Act (CCJA), amended section 1913 of the Code of Civil Procedure, added section 70663 to the Government Code, and amended numerous sections of the Probate Code, relating to conservatorships.
Prior to the adoption of CCJA, California's Guardianship-Conservatorship Law established standards and procedures for the appointment and termination of the appointment of a conservator, but did not address certain jurisdictional issues arising from conservatorships with contacts in multiple states. Under the newly-adopted CCJA, California law now contains general provisions for interstate jurisdiction, transfer, and recognition of conservatorships. For purposes of the applying the general, jurisdictional, and transfer provisions of the law, the term "state" includes United States territories and federally-recognized Indian tribes. The law does not apply, however, to proceedings involving a minor, a person subject to involuntary mental health treatment (such as a conservatorship under the Lanterman-Petris-Short Act, codified at Welfare and Institutions Code section 5000 et seq.), or an adult with a developmental disability. The new law has limited applicability to conservatees with dementia.
The next issue of the Quarterly (Volume 20, Issue 4) will feature an article thoroughly examining CCJA and its impacts on California conservatorship law.
AB 2024 and AB 2741 amended sections 6510, 6531, 6538, 6580, and 6592 of the Business and Professions Code, and added sections 6541.1 and 6542 to the Business and Professions Code, relating to professional fiduciaries. Under the prior version of the Professional Fiduciaries Act, the Professional Fiduciaries Bureau was established under the Department of Consumer Affairs to license and regulate professional fiduciaries. The authority for the Professional Fiduciaries Bureau, which was responsible for investigating and disciplining alleged wrongdoing, was set to expire on January 1, 2015.
The new laws expand the authority of the Professional Fiduciaries Bureau and extend its existence to January 1, 2019. In establishing a retired license status for professional fiduciaries, the new laws authorize the Professional Fiduciaries Bureau to create a system for the placement of a professional fiduciary's license into retired status if the professional fiduciary is not actively engaged as such. The law also requires the Professional Fiduciaries Bureau to set fees to designate a license status of retired or inactive, or to reinstate a license to active status from retired or inactive status. The Bureau is required to set those fees by regulation at amounts necessary to recover the reasonable costs of the Bureau in carrying out those functions. These payments are made to the Professional Fiduciary Fund. Finally, the law provides that licenses are cancelled if not renewed within 3 years of expiration.
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AB 1888 amended sections 11932 and 11933 of the Revenue and Taxation Code, relating to documentary transfer taxation. Under prior law, every recorded document subject to documentary transfer tax was generally required to show on its face the amount of documentary transfer tax due. However, there was an important exception: if the recording party so requested, the statement regarding the amount of tax due could be shown on a separate page that was not included in the...
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