The proposed temporary conservatee shall attend the hearing except in the following cases:
(a) If the proposed temporary conservatee is out of the state when served and is not the petitioner.
(b) If the proposed temporary conservatee is unable to attend the hearing by reason of medical inability.
(c) If the court investigator has visited the proposed conservatee prior to the hearing and the court investigator has reported to the court that the proposed temporary conservatee has expressly communicated that all of the following apply:
(1) The proposed conservatee is not willing to attend the hearing.
(2) The proposed conservatee does not wish to contest the establishment of the temporary conservatorship.
(3) The proposed conservatee does not object to the proposed temporary conservator or prefer that another person act as temporary conservator.
(d) If the court determines that the proposed conservatee is unable or unwilling to attend the hearing, and holding the hearing in the absence of the proposed conservatee is necessary to protect the conservatee from substantial harm.
(e) A superior court shall not be required to perform any duties imposed by this section until the Legislature makes an appropriation identified for this purpose.
(Amended by Stats. 2011, Ch. 10, Sec. 17. (SB 78) Effective March 24, 2011.)
Last modified: October 25, 2018