2019 SELECTED DEVELOPMENTS
Selected highlights of the 2018 legislation include provisions that
Clarify that a parent is authorized to file a petition for guardianship of the proposed ward, in connection to a petition to make necessary findings regarding special immigrant juvenile status. Prob C §1510.1.
Provide that a guardianship of the estate terminates on the death of the ward, except as otherwise provided by law. Prob C §1600.
Clarify that a conservatorship continues until terminated by the death of the conservatee or by court order, except as otherwise provided by law. Prob C §1860.
Until January 1, 2022, authorize a nonprofit charitable corporation that was not incorporated in California to be appointed as a guardian of a minor in connection with a petition regarding special immigrant juvenile status, if the nonprofit charitable corporation satisfies specified conditions. Prob C §2104.1.
Revise and recast the portion of the statutory advance health care directive form relating to the donation of a person’s organs, tissues, and parts, as specified, and add a provision relating to the authorization of an agent to consent to any temporary medical procedure for purposes of that donation. Prob C §4701.
Provide that the recordation requirement for revocable transfer on death deeds does not require recordation of the pages of the statutory form that contain common questions about the use of the form. Prob C §5626.
Specify that clear and convincing evidence, for purposes of establishing parentage when it was impossible for a parent to hold a child out as his or her own, may include genetic DNA evidence acquired during the parent’s lifetime, and recast provisions regarding the determination of parentage for purposes of intestate succession to be gender neutral. Prob C §6453.
Permit a trustee to terminate a trust if the trust principal does not exceed $50,000 in value. Prob C §15408.
Enact the Uniform Trust Decanting Act, which authorizes a fiduciary of an irrevocable trust to distribute the property of a first trust to one or more second trusts, and to modify the terms of the first trust without consent of the beneficiaries or court approval, subject to specified conditions and exceptions. Prob C §§19501--19530.
Exclude a spouse of the transferor from the definition of “kindred” for anti-lapse purposes. Prob C §21110.