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Senate Bill 730 (Mello – 1995)

Chapter 842, Statutes of 1995

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As enacted Senate Bill 730 amended section 39 of the Civil Code and amended and added several sections to the Probate Code.  (See Exhibit A, #1g)  Senator Henry J. Mello introduced Senate Bill 730 on February 22, 1995.  (See Exhibit A, #1a)  Those sponsoring the legislation included Senator Mello, the California Medical Association, and the State Bar, Estate Planning, Trust and Probate Law Section.  (See Exhibit A, #3, page 1) 

Senate Bill 730 was assigned to the Senate and Assembly Committees on Judiciary where policy issues raised by the bill were considered.  (See Exhibit A, #3 and #7)  Five amendments were made to Senate Bill 730 during legislative consideration.  (See Exhibit A, #1b through #1f; and #2)  Subsequent to legislative approval Governor Wilson signed the bill on October 12, 1995, and it was recorded by the Secretary of State on October 13, 1995 as Chapter 842 of the Statutes of 1995.  (See Exhibit A, #1g and #2) 

Senator Mello describes Senate Bill 730 in a letter to Governor Wilson requesting his approval of the legislation as follows: 

SB 730 is an important advancement for Probate court proceedings.  This bill will put into statute standards for determining if and when a conservatee has or conversely, lacks the capacity to make certain decisions, particularly those affecting medical treatment.

(See Exhibit A, #12, document PE-2)