California Probate Code

§ 2352.5

PROB § 2352.5 Effective Jan 1, 2024Div. 4 · Part 4 · Ch. 5

Statute text

(a)It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from the conservatee’s personal residence is appropriate, that presumption may be overcome by clear and convincing evidence.

(b)Upon appointment, the conservator shall determine the appropriate level of care for the conservatee.

(1)That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in their personal residence.

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Legislative history

Amended by Stats. 2023, Ch. 705, Sec. 2. (SB 280) Effective January 1, 2024.