§ 5362

Amended by Stats. 2017, Ch. 319, Sec. 148. (AB 976) Effective January 1, 2018.
(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 delivered pursuant to Section 1215 of the Probate Code. The notification shall be in substantially the following form:

The one-year conservatorship established for ____ pursuant toWelfare and Institutions Code Section ____ on ____ willterminate on ____. If the conservator, ____, wishes toreestablish conservatorship for another year he or she must petitionthe court by ____. Subject to a request for a court hearing by jurytrial the judge may, on his or her own motion, accept or reject theconservator’s petition.

If the conservator petitions to reestablish conservatorship theconservatee, the professional person in charge of the facility in whichhe or she resides, the conservatee’s attorney, and, if the conservatoris a private party, the county mental health director and the countyofficer providing conservatorship investigation shall be notified. Ifany of them request it, there shall be a court hearing or a jury trial,whichever is requested, on the issue of whether the conservatee isstill gravely disabled and in need of conservatorship. If the privateconservator does not petition for reappointment, the county officerproviding conservatorship investigation may recommend anotherconservator. Such a petition shall be considered a petition forreappointment

as conservator.

(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 delivered to the conservator and his or her conservatee pursuant to Section 1215 of the Probate Code and shall be accompanied by a statement of California law as set forth in Section 5368.

This content is for reference, learning, and study purposes only. All legal text should be verified against the official California Legislative Information website, which is the authoritative source for California law. Data last processed: February 17, 2026.