§ 1456 Conservatorship Guardian Education

This law tells the Judicial Council to write a rule that sets who can work as court staff attorneys, examiners, and investigators, and how many hours of training judges and staff must take about conservatorships and guardianships.

Key Takeaways

•The Judicial Council had to adopt the rule by Jan 1 2008 (now effective Jan 1 2023).
•The rule must spell out qualifications for court‑employed staff attorneys, examiners, investigators, and appointed attorneys.
•It must set required training hours for judges handling probate and for staff each year, and include topics like less‑restrictive alternatives to conservatorship.
•The rule must include reporting to make sure everyone follows it.
•When making the rule, the Council must talk with many groups, such as judges, public defenders, guardianship associations, and disability‑rights organizations.

Example

A judge is newly assigned to handle probate cases that involve guardianship of an elderly person.

The judge must complete a set number of training hours on guardianship topics right away and keep taking more training over the next three years, just like the rule requires.

(a) In addition to any other requirements that are part of the judicial branch education program, on or before January 1, 2008, the Judicial Council shall adopt a rule of court that shall do all of the following: (1) Specifies the qualifications of a court-employed staff attorney, examiner, and investigator, and any attorney appointed pursuant to Sections 1470 and 1471. (2) Specifies the number of hours of education in classes related to conservatorships or guardianships that a judge who is regularly assigned to hear probate matters shall complete, upon assuming the probate assignment, and then over a three-year period on an ongoing basis. (3) Specifies the number of hours of education in classes related to conservatorships or guardianships that a court-employed staff attorney, examiner, and investigator, and any attorney appointed pursuant to Sections 1470 and 1471 shall complete each year. (4) Specifies the particular subject matter that shall be included in the education required each year. The subject matter shall, at a minimum, include the less restrictive alternatives to conservatorship set forth in Section 1800.3. (5) Specifies reporting requirements to ensure compliance with this section. (b) In formulating the rule required by this section, the Judicial Council shall consult with interested parties, including, but not limited to, the California Judges Association, the California Association of Superior Court Investigators, the California Public Defenders Association, the County Counsels’ Association of California, the State Bar of California, the National Guardianship Association, the Professional Fiduciary Association of California, the California Association of Public Administrators, Public Guardians and Public Conservators, a disability rights organization, the State Council on Developmental Disabilities, the State Department of Developmental Services, the California Department of Aging, and the Association of Professional Geriatric Care Managers. (Amended by Stats. 2022, Ch. 894, Sec. 3. (AB 1663) Effective January 1, 2023.)

Key Takeaways

•The Judicial Council had to adopt the rule by Jan 1 2008 (now effective Jan 1 2023).
•The rule must spell out qualifications for court‑employed staff attorneys, examiners, investigators, and appointed attorneys.
•It must set required training hours for judges handling probate and for staff each year, and include topics like less‑restrictive alternatives to conservatorship.
•The rule must include reporting to make sure everyone follows it.
•When making the rule, the Council must talk with many groups, such as judges, public defenders, guardianship associations, and disability‑rights organizations.

Example

A judge is newly assigned to handle probate cases that involve guardianship of an elderly person.

The judge must complete a set number of training hours on guardianship topics right away and keep taking more training over the next three years, just like the rule requires.

Key Takeaways

Example

Key Terms

References

§ 1456 Conservatorship Guardian Education

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References