Date: Sat, 19 Feb 1994 13:10:43 -0800 (PST)
From: FAW@USDCSV.ACUSD.EDU
Subject: CA dom.Part. bill
                                                                  
                       CALIFORNIA 1993-94 REGULAR SESSION

                               ASSEMBLY BILL 2810

                              1993 CA  A.B. 2810 

VERSION: Introduced

VERSION-DATE: February 14, 1994

SYNOPSIS:  

   An act to add Division 2.5 (commencing with Section 297) to the Family Code,
to add Section 1261 to the Health and Safety Code, and to amend Sections 1811,
1812, 1820, 1821, 1822, 1829, 1861, 1874, 1891, 1895, and 6240 of, and to add
Section 37 to, the Probate Code, relating to human relationships.

DIGEST:

                           LEGISLATIVE COUNSEL'S DIGEST

   AB 2810, as introduced, Katz.  Domestic partnership: registration,
termination, and rights thereof.

   (1) Existing law sets forth the requirements of a valid marriage, and
specifies the rights and obligations of spouses during marriage.

   This bill would define "domestic partners" and provide for the registration
of domestic partnerships with the Secretary of State. The bill would also
specify procedures for the termination of domestic partnerships. The bill would
prohibit a person who has previously filed a Declaration of Domestic Partnership
from subsequently filing a new declaration until at least 6 months has elapsed
from the date that a Termination of Domestic Partnership was filed with the
Secretary of State to terminate the previous domestic partnership, except where
the previous domestic partnership ended because one of the partners died.

   The bill would require the Secretary of State to prepare forms for the
registration, amendment, and termination of domestic partnerships, and cause
these forms to be distributed to each county clerk. The bill would require the
Secretary of State to establish and charge fees for processing these forms. The
bill would require these forms to be available to the public at :he office of
the Secretary of State and each county clerk. By increasing the duties of the
county clerk, the bill would impose a state-mandated local program.

   (2) Existing law does not specify requirements concerning patient visitation
in all health facilities.

   This bill would allow patients to determine their visitors, except where no
visitors are allowed or the health facility determines that a particular visitor
would endanger the health or safety of a patient or endanger the primary
operations of the health facility. The bill would also specify who may visit a
patient with restricted visiting where the patient has not designated permitted
visitors.

   (3) Existing law specifies who may nominate a conservator and petition for
various orders or actions concerning a conservatorship, and the order of
priority in selecting a conservator.

   This bill would revise these provisions to add a domestic partner of the
conservatee or proposed conservatee. The bill would require preference for
selection of a conservator be given to the domestic partner and a person
nominated by the domestic partner. The bill would require that a petition for
conservatorship set forth the names and addresses of the domestic partner of the
proposed conservatee or the names and addresses of any children of a predeceased
domestic partner. The bill would require notice of a conservatorship hearing to
be sent to the domestic partner of the proposed conservatee and would authorize
the domestic partner to appear at the hearing in support or opposition to the
petition.

   (4) Existing law prescribes a statutory will form.

   This bill would revise the statutory will form to provide for boxes where the
testator may indicate a desire to leave his or her principal residence to a
domestic partner or the residuary estate to a domestic partner.

   (5) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement, including the
creation of a State Mandates Claims Fund to pay the costs of mandates which do
not exceed $ 1,000,000 statewide and other procedures for claims whose statewide
costs exceed $ 1,000,000.

   This bill would provide that, if the Commission on State Mandates determines
that this bill contains costs mandated by the state, reimbursement for those
costs shall be made pursuant to those statutory procedures and, if the statewide
cost does not exceed $ 1,000,000, shall be made from the State Mandates Claims
Fund.

   Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated
local program: yes.

NOTICE:  
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

TEXT: The people of the State of California do enact as follows:

   SECTION 1.  Division 2.5 (commencing with Section 297) is added to the Family
Code, to read:

                      DIVISION 2.5.  DOMESTIC PARTNERSHIP

                              PART 1.  DEFINITIONS

   297.  (a) Domestic partners are two adults who have chosen to share one
another's lives in an intimate and committed relationship of mutual caring.

   (b) The requirements of domestic partnership include all of the following:

   (1) Both persons maintain a common primary residence.

   (2) Both persons agree to be jointly responsible for each other's basic
living expenses during the domestic partnership.

   (3) Neither person is married or a member of another domestic partnership.

   (4) The two persons are not related by blood in a way which would prevent
them from being married to each other.

   (5) Both persons are over 18 years of age.

   (6) Both file a Declaration of Domestic Partnership with the Secretary of
State pursuant to this division.

   (c) "Maintain a common primary residence" means that two people share the
same place to live. It is not necessary that the legal right to possess the
place be in both of their names. Two people may live together even if one or
both have additional places to live. Domestic partners do not cease to live
together if one leaves the shared place but intends to return.

   (d) "Basic living expenses" means basic food and shelter. It also means any
other cost, such as medical care, if some or all of the cost is paid as a
benefit because a person is another person's domestic partner.

   (e) "Joint responsibility" means that each partner agrees to provide for the
other partner's basic living expenses if the partner is unable to provide for
herself or himself. Anyone to whom these expenses are owed can enforce this
responsibility.

                             PART 2.  REGISTRATION

   298.  (a) The Secretary of State shall prepare forms entitled "Declaration of
Domestic Partnership," "Amendment to Declaration of Domestic Partnership," and
"Termination of Domestic Partnership" to meet the requirements of this division.

   (b) (1) The Secretary of State shall cause these forms to be distributed to
each county clerk. These forms shall be available to the public at the office of
the Secretary of State and each county clerk.

   (2) The Secretary of State shall establish fees for the actual costs of
processing each of these forms, and shall charge these fees to persons filing
the forms.

   (c) The Declaration of Domestic Partnership shall require each person
desiring to become a domestic partner to (1) state that he or she meets the
requirements of Section 297 at the time of signing the form, (2) provide a
mailing address, and (3) sign the form under penalty of perjury.

   298.5.  (a) Two persons desiring to become domestic partners may complete and
file a Declaration of Domestic Partnership with the Secretary of State.

   (b) A domestic partner may amend the Declaration of Domestic Partnership at
any time to show name or address changes by filing an Amendment to Declaration
of Domestic Partnership with the Secretary of State.

   (c) No person who has previously filed a Declaration of Domestic Partnership
may subsequently file a new Declaration of Domestic Partnership until at least
six months has elapsed from the date that a Termination of Domestic Partnership
was filed with the Secretary of State pursuant to subdivision (b) of Section 299
to terminate the previous domestic partnership. This prohibition does not apply
if the previous domestic partnership ended because one of the partners died.

                              PART 3.  TERMINATION

   299.  (a) A domestic partnership is terminated when one partner gives or
sends to the other partner a written notice that he or she is terminating the
partnership.

   (b) Upon termination of a domestic partnership, at least one former partner
shall, and the other former partner may, file a Termination of Domestic
Partnership with the Secretary of State.

   (c) A former domestic partner who has given a copy of a Declaration of
Domestic Partnership to any third party in order to qualify for any benefit or
right shall, within 60 days of termination of the domestic partnership, give or
send to the third party a statement signed under oath or penalty of perjury
stating that the domestic partnership has been terminated.

   (d) Failure to provide the notices required by subdivision (b) or (c) shall
not delay termination of the domestic partnership, nor shall it effect the
validity of the domestic partnership.

   SEC. 2.  Section 1261 is added to the Health and Safety Code, to read:

   1261.  (a) All health care facilities shall allow any patient with whom
visiting is restricted to name those individuals whom the patient wishes to
allow to visit, unless (1) no visitors are allowed or (2) the health facility
determines that the presence of a particular visitor named by the patient would
endanger the health or safety of a patient or patients, or would endanger the
primary operations of the health facility.

   (b) If a patient with whom visiting is restricted has not made the
designation provided for in subdivision (a), and if the patient has not
indicated that he or she wishes no visitors, the facility shall allow the
patient's domestic partner, the children of the patient's domestic partner, and
the domestic partner of the patient's parent or child to visit, unless (1) no
visitors are allowed or (2) the facility determines that the presence of a
particular visitor would endanger the health or safety of a patient or patients,
or would endanger the primary operations of a facility.

   (c) As used in this section, "domestic partner" has the meaning provided in
Section 37 of the Probate Code.

   SEC. 3.  Section 37 is added to the Probate Code, to read:

   37.  "Domestic partner" means a person who has filed a "Declaration of
Domestic Partnership" with the Secretary of State pursuant to Division 2.5
(commencing with Section 297) of the Family Code.

   SEC. 4.  Section 1811 of the Probate Code is amended to read:

   1811.  (a) The spouse or an adult child, parent, brother, [D> or <D] sister
[A> , OR DOMESTIC PARTNER <A] of the proposed conservatee may nominate a
conservator in the petition or at the hearing on the petition.

   (b) The spouse or a parent of the proposed conservatee may nominate a
conservator in a writing signed either before or after the petition is filed and
such nomination remains effective notwithstanding the subsequent legal
incapacity or death of the spouse or parent, except that a nomination by the
spouse becomes void upon dissolution or an adjudication of nullity of their
marriage.

   SEC. 5.  Section 1812 of the Probate Code is amended to read:

   1812.  (a) Subject to Sections 1810 and 1813, the selection of a conservator
of the person or estate, or both, is solely in the discretion of the court and,
in making the selection, the court is to be guided by what appears to be for the
best interests of the proposed conservatee.

   (b) Subject to Sections 1810 and 1813, of persons equally qualified in the
opinion of the court to appointment as conservator of the person or estate or
both, preference is to be given in the following order:

   (1) The spouse of the proposed conservatee or the person nominated by the
spouse pursuant to Section 1811.

   (2) An adult child of the proposed conservatee or the person nominated by the
child pursuant to Section 1811.

   (3) A parent of the proposed conservatee or the person nominated by the
parent pursuant to Section 1811.

   (4) A brother or sister of the proposed conservatee or the person nominated
by the brother or sister pursuant to Section 1811.

   (5) [A> A DOMESTIC PARTNER OF THE PROPOSED CONSERVATEE OR THE PERSON
NOMINATED BY THE DOMESTIC PARTNER PURSUANT TO SECTION 1811.  <A]

   [A> (6) <A] Any other person or entity eligible for appointment as a
conservator under this code or, if there is no such person or entity willing to
act as a conservator, under the Welfare and Institutions Code.

   (c) The preference for any nominee for appointment under paragraphs (2), (3),
and (4) of subdivision (b) is subordinate to the preference for any other
parent, child, brother, or sister in such class.

   SEC. 6.  Section 1820 of the Probate Code is amended to read:

   1820.  (a) A petition for the appointment of a conservator may be filed by
any of the following:

   (1) The proposed conservatee.

   (2) The spouse of the proposed conservatee.

   (3) A relative of the proposed conservatee.

   (4) Any interested state or local entity or agency of this state or any
interested public officer or employee of this state or of a local public entity
of this state.

   (5) [A> A DOMESTIC PARTNER OF THE PROPOSED CONSERVATEE.  <A]

   [A> (6) <A] Any other interested person or friend of the proposed
conservatee.

   (b) If the proposed conservatee is a minor, the petition may be filed during
his or her minority so that the appointment of a conservator may be made
effective immediately upon the minor's attaining the age of majority. An
existing guardian of the minor may be appointed as conservator under this part
upon the minor's attaining the age of majority, whether or not the guardian's
accounts have been settled.

   (c) A creditor of the proposed conservatee may not file a petition for
appointment of a conservator unless the creditor is a person described in
paragraph (2), (3), or (4) of subdivision (a).

   SEC. 7.  Section 1821 of the Probate Code is amended to read:

   1821.  (a) The petition shall request that a conservator be appointed for the
person or estate, or both, shall specify the name, address, and telephone number
of the proposed conservator and the name, address, and telephone number of the
proposed conservatee, and state the reasons why a conservatorship is necessary.
Unless the petitioner is a bank or other entity authorized to conduct the
business of a trust company, the petitioner shall also file supplemental
information as to why the appointment of a conservator is required. The
supplemental information to be submitted shall include a brief statement of
facts addressed to each of the following categories:

   (1) The inability of the proposed conservatee to properly provide for his or
her needs for physical health, food, clothing, and shelter.

   (2) The location of the proposed conservatee's residence and the ability of
the proposed conservatee to live in the residence while under conservatorship.

   (3) Alternatives to conservatorship considered by the petitioner and reasons
why those alternatives are not available.

   (4) Health or social services provided to the proposed conservatee during the
year preceding the filing of the petition, when the petitioner has information
as to those services.

   (5) The inability of the proposed conservatee to substantially manage his or
her own financial resources, or to resist fraud or undue influence.

   The facts required to address the categories set forth in paragraphs (1) to
(5), inclusive, shall be set forth by the petitioner when he or she has
knowledge of the facts or by the declarations or affidavits of other persons
having knowledge of those facts.

   Where any of the categories set forth in paragraphs (1) to (5), inclusive,
are not applicable to the proposed conservatorship, the petitioner shall so
indicate and state on the supplemental information form the reasons therefor.

   The Judicial Council shall develop a supplemental information form for the
information required pursuant to paragraphs (1) to (5), inclusive, after
consultation with individuals or organizations approved by the Judicial Council,
who represent public conservators, court investigators, the State Bar,
specialists with experience in performing assessments and coordinating
community-based services, and legal services for the elderly and disabled.

   The supplemental information form shall be separate and distinct from the
form for the petition. The supplemental information shall be confidential and
shall be made available only to parties, persons given notice of the petition
who have requested this supplemental information or who have appeared in the
proceedings, their attorneys, and the court. The court shall have discretion at
any other time to release the supplemental information to other persons if it
would serve the interests of the conservatee. The county clerk shall make
provision for limiting disclosure of the supplemental information exclusively to
persons entitled thereto under this section.

   (b) The petition shall set forth, so far as they are known to the petitioner,
the names and addresses of the spouse [D> and of <D] [A> , <A] the relatives of
the proposed conservatee within the second degree [A> , AND THE DOMESTIC PARTNER
OF THE PROPOSED CONSERVATEE <A] . If no spouse of the proposed conservatee, [D>
or <D] relatives of the proposed conservatee within the second degree [A> , OR
DOMESTIC PARTNER OF THE PROPOSED CONSERVATEE <A] are known to the petitioner,
the petition shall set forth, so far as they are known to the petitioner, the
names and addresses of the following persons who, for the purposes of Section
1822, shall all be deemed to be relatives:

   (1) A spouse of a predeceased parent of a proposed conservatee.

   (2) The children of a predeceased spouse of a proposed conservatee.

   (3) [A> THE CHILDREN OF A PREDECEASED DOMESTIC PARTNER OF A PROPOSED
CONSERVATEE.  <A]

   [A> (4) <A] The siblings of the proposed conservatee's parents, if any, but
if none, then the natural and adoptive children of the proposed conservatee's
parents' siblings.

   [D> (4) <D]

   [A> (5) <A] The natural and adoptive children of the proposed conservatee's
siblings.

   (c) If the petition is filed by a person other than the proposed conservatee,
the petition shall state whether or not the petitioner is a creditor or debtor,
or the agent of a creditor or debtor, of the proposed conservatee.

   (d) If the proposed conservatee is a patient in or on leave of absence from a
state institution under the jurisdiction of the State Department of Mental
Health or the State Department of Developmental Services and that fact is known
to the petitioner, the petition shall state that fact and name the institution.

   (e) The petition shall state, so far as is known to the petitioner, whether
or not the proposed conservatee is receiving or is entitled to receive benefits
from the Veterans Administration and the estimated amount of the monthly benefit
payable by the Veterans Administration for the proposed conservatee.

   (f) The petition may include an application for any order or orders
authorized under this division, including, but not limited to, orders under
Chapter 4 (commencing with Section 1870).

   (g) The petition may include a further statement that the proposed
conservatee is not willing to attend the hearing on the petition, does not wish
to contest he establishment of the conservatorship, and does not object to the
proposed conservator or prefer that another person act as conservator.

   (h) In the case of an allegedly developmentally disabled adult the petition
shall set forth the following:

   (1) The nature and degree of the alleged disability, the specific duties and
powers requested by or for the limited conservator, and the limitations of civil
and legal rights requested to be included in the court's order of appointment.

   (2) Whether or not the proposed limited conservatee is or is alleged to be
developmentally disabled.

   Reports submitted pursuant to Section 416.8 of the Health and Safety Code
meet the requirements of this section, and conservatorships filed pursuant to
Article 7.5 (commencing with Section 416) of Part 1 of Division 1 of the Health
and Safety Code are exempt from providing the supplemental information required
by this section, so long as the guidelines adopted by the State Department of
Developmental Services for regional centers require the same information which
is required pursuant to this section.

   SEC. 8.  Section 1822 of the Probate Code is amended to read:

   1822.  (a) At least 15 days before the hearing on the petition for
appointment of a conservator, notice of the time and place of the hearing shall
be given as provided in this section. The notice shall be accompanied by a copy
of the petition. The court may not shorten the time for giving the notice of
hearing under this section.

   (b) Notice shall be mailed to the following persons:

   (1) The spouse, if any, of the proposed conservatee at the address stated in
the petition.

   (2) The relatives named in the petition at their addresses stated in the
petition.

   [A> (3) THE DOMESTIC PARTNER, IF ANY, OF THE PROPOSED CONSERVATEE AT THE
ADDRESS STATED IN THE PETITION. <A]

   (c) If notice is required by Section 1461 to be given to the Director of
Mental Health or the Director of Developmental Services, notice shall be mailed
as so required.

   (d) If the petition states that the proposed conservatee is receiving or is
entitled to receive benefits from the Veterans Administration, notice shall be
mailed to the office of the Veterans Administration referred to in Section
1461.5.

   (e) If the proposed conservatee is a person with developmental disabilities,
at least 30 days before the day of the hearing on the petition, the petitioner
shall mail a notice of the hearing and a copy of the petition to the regional
center identified in Section 1827.5.

   SEC. 9.  Section 1829 of the Probate Code is amended to read:

   1829.  Any of the following persons may appear at the hearing to support or
oppose the petition:

   (a) The proposed conservatee.

   (b) The spouse of the proposed conservatee.

   (c) A relative of the proposed conservatee.

   (d) [A> THE DOMESTIC PARTNER OF THE PROPOSED CONSERVATEE.  <A]

   [A> (E) <A] Any interested person or friend of the proposed conservatee.

   SEC. 10.  Section 1861 of the Probate Code is amended to read:

   1861.  (a) A petition for the termination of the conservatorship may be filed
by any of the following:

   (1) The conservator.

   (2) The conservatee.

   (3) The spouse or any interested person or relative [D> or <D] [A> , <A]
friend [A> , OR DOMESTIC PARTNER <A] of the conservatee.

   (b) The petition shall state facts showing that the conservatorship is no
longer required.

   SEC. 11.  Section 1874 of the Probate Code is amended to read:

   1874.  (a) After a conservator has been appointed, a petition requesting an
order under Section 1873 may be filed by any of the following:

   (1) The conservator.

   (2) The conservatee.

   (3) The spouse or any relative [A> , DOMESTIC PARTNER, <A] or friend of the
conservatee.

   (b) Notice of the hearing on the petition shall be given for the period and

in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.

   SEC. 12.  Section 1891 of the Probate Code is amended to read:

   1891.  (a) A petition may be filed under this article requesting that the
court make an order under Section 1880 or that the court modify or revoke an
order made under Section 1880. The petition shall state facts showing that the
order requested is appropriate.

   (b) The petition may be filed by any of the following:

   (1) The conservator.

   (2) The conservatee.

   (3) The spouse or any relative [D> or <D] [A> , DOMESTIC PARTNER, OR <A]
friend of the conservatee.

   (c) The petition shall set forth, so far as they are known to the petitioner,
the names and addresses of the spouse and of the relatives of the conservatee
within the second degree.

   SEC. 13.  Section 1895 of the Probate Code is amended to read:

   1895.  (a) The conservatee, the spouse [D> or <D] [A> , <A] any relative [A>
, THE DOMESTIC PARTNER, <A] or [A> ANY <A] friend of the conservatee, the
conservator, or any other interested person may appear at the hearing to support
or oppose the petition.

   (b) Except where the conservatee is absent from the hearing and is not
required to attend the hearing under the provisions of Section 1893 and any
showing required by Section 1893 has been made, the court shall, prior to
granting the petition, inform the conservatee of all of the following:

   (1) The nature and purpose of the proceeding.

   (2) The nature and effect on the conservatee's basic rights of the order
requested.

   (3) The conservatee has the right to oppose the petition, to be represented
by legal counsel if the conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.

   (c) After the court informs the conservatee of the matters listed in
subdivision (b) and prior to granting the petition, the court shall consult the
conservatee to determine the conservatee's opinion concerning the order
requested in the petition.

   SEC. 14.  Section 6240 of the Probate Code is amended to read:

   6240.  The following is the California statutory will form:

   QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL

   The following information, in question and answer form, is not a part of the
California Statutory Will. It is designed to help you understand about Wills and
to decide if this Will meets your needs. This Will is in a simple form. The
complete text of each paragraph of this Will is printed at the end of the Will.

   1. What happens if I die without a Will? If you die without a Will, what you
own (your "assets") in your name alone will be divided among your spouse,
children, or other relatives according to state law. The court will appoint a
relative to collect and distribute your assets.

   2. What can a Will do for me? In a Will you may designate who will receive
your assets at your death. You may designate someone (called an "executor") to
appear before the court, collect your assets, pay your debts and taxes, and
distribute your assets as you specify. You may nominate someone (called a
"guardian") to raise your children who are under age 18. You may designate
someone (called a "custodian") to manage assets for your children until they
reach any age between 18 and 25.

   3. Does a Will avoid probate? No. With or without a Will, assets in your name
alone usually go through the court probate process. The court's first job is to
determine if your Will is valid.

   4. What is community property? Can I give away my share in my Will? If you
are married and you or your spouse earned money during your marriage from work
and wages, that money (and the assets bought with it) is community property.
Your Will can only give away your one-half of community property. Your Will
cannot give away your spouse's one-half of community property.

   5. Does my Will give away all of my assets? Do all assets go through probate?
No. Money in a joint tenancy bank account automatically belong to the other
named owner without probate. If your spouse or child is on the deed to your
house as a joint tenant, the house automatically passes to him or her. Life
insurance and retirement plan benefits may pass directly to the named
beneficiary. A Will does not necessarily control how these types of "nonprobate"
assets pass at your death.

   6. Are there different kinds of Wills? Yes. There are handwritten Wills,
typewritten Wills, attorney-prepared Wills, and statutory Wills. All are valid
if done precisely as the law requires. You should see a lawyer if you do not
want to use this statutory Will or if you do not understand this form.

   7. Who may use this Will? This Will is based on California law. It is
designed only for California residents. You may use this form if you are single,
married, or divorced. You must be age 18 or older and or sound mind.

   8. Are there any reasons why I should NOT use this statutory Will? Yes. This
is a simple Will. It is not designed to reduce death taxes or other taxes. Talk
to a lawyer to do tax planning, especially if (i) your assets will be worth more
than $ 600,000 at your death, (ii) you own business related assets, (iii) you
want to create a trust fund for your children's education or other purposes,
(iv) you own assets in some other state, (v) you want to disinherit your spouse
or descendants, or (vi) you have valuable interests in pension or profit sharing
plans. You should talk to a lawyer who knows about estate planning if this Will
does not meet your needs. This Will treats most adopted children like natural
children. You should talk to a lawyer if you have stepchildren or foster
children whom you have not adopted.

   9. May I add or cross out any words on this Will? No. If you do, the Will may
be invalid or the court may ignore the crossed out or added words. You may only
fill in the blanks. You may amend this Will by a separate document (called a
codicil). Talk to a lawyer if you want to do something with your assets which is
not allowed in this form.

   10. May I change my Will? Yes. A Will is not effective until you die. You may
make and sign a new Will. You may change your Will at any time, but only by an
amendment (called a codicil). You can give away or sell your assets before your
death. Your Will only acts on what you own at death.

   11. Where should I keep my Will? After you and the witnesses sign the Will,
keep your Will in your safe deposit box or other safe place. You should tell
trusted family members where your Will is kept.

   12. When should I change my Will? You should make and sign a new Will if you
marry or divorce after you sign this Will. Divorce or annulment automatically
cancels all property stated to pass to a former husband or wife under this Will,
and revokes the designation of a former spouse as executor, custodian, or
guardian. You should sign a new Will when you have more children, or if your
spouse or a child dies. You may want to change your Will if there is a large
change in the value of your assets.

   13. What can I do if I do not understand something in this Will? If there is
anything in this Will you do not understand, ask a lawyer to explain it to you.

   14. What is an executor? An "executor" is the person you name to collect your
assets, pay your debts and taxes, and distribute your assets as the court
directs. It may be a person or it may a qualified bank or trust company.

   15. Should I require a bond? You may require that an executor post a "bond."
A bond is a form of insurance to replace assets that may be mismanaged or stolen
by the executor. The cost of the bond is paid from the estate's assets.

   16. What is a guardian? Do I need to designate one? If you have children
under age 18, you should designate a guardian of their "persons" to raise them.

   17. What is a custodian? Do I need to designate one? A "custodian" is a
person you may designate to manage assets for someone (including a child) who is
between ages 18 and 25 and who receives assets under your Will. The custodian
manages the assets and pays as much as the custodian determines is proper for
health, support, maintenance, and education. The custodian delivers what is left
to the person when the person reaches the age you choose (between 18 and 25). No
bond is required of a custodian.

   18. Should I ask people if they are willing to serve before I designate them
as executor, guardian, or custodian? Probably yes. Some people and banks and
trust companies may not consent to serve or may not be qualified to act.

   19. What happens if I make a gift in this Will to someone and they die before
I do? A person must survive you by 120 hours to take a gift under this Will. If
they do not, then the gift fails and goes with the rest of your assets. If the
person who does not survive you is a relative of you or your spouse, then
certain assets may go to the relative's descendants.

   20. What is a trust? There are many kinds of trusts, including trusts created
by Wills (called "testamentary trusts") and trusts created during your lifetime
(called "revocable living trusts"). Both kinds of trusts are long-term
arrangements where a manager (called a "trustee") invests and manages assets for
someone (called a "beneficiary") on the terms you specify. Trusts are too
complicated to be used in this statutory Will. You should see a lawyer if you
want to create a trust.

                                  INSTRUCTIONS

   1. READ THE WILL. Read the whole Will first. If you do not understand
something, ask a lawyer to explain it to you.

   2. FILL IN THE BLANKS. Fill in the blanks. Follow the instructions in the
form carefully. Do not add any words to the Will (except for filling in blanks)
or cross out any words.

   3. DATE AND SIGN THE WILL AND HAVE TWO WITNESSES SIGN IT. Date and sign the
Will and have two witnesses sign it. You and the witnesses should read and
follow the Notice to Witnesses found at the end of this Will.

   NOTE TO PRINTING OFFICE: INSERT CAMERA-READY COPY HERE

   for California Statutory Will

   as printed on pages 17 to 22 of Ch. 1055, Stats. 1991.

   SEC. 15.  Notwithstanding Section 17610 of the Government Code, if the
Commission on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4
of Title 2 of the Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($ 1,000,000), reimbursement
shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580
of the Government Code, unless otherwise specified in this act, the provisions
of this act shall become operative on the same date that the act takes effect
pursuant to the California Constitution.

SPONSOR:  
ASSEMBLY BILL                                                   No. 2810
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                      Introduced by Assembly Member Katz

                               February 14, 1994

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