Probate Code — Part 8 | PROB — United States — California law | Esheria

Probate Code

Part 8 of 14 · provisions 1,401–1,600

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A personal representative may sell estate real or personal property if the chapter’s limits and conditions are met. If a personal representative refuses or neglects to sell property, an interested person may ask the court to order the sale in specified cases. If a will gives directions for how estate property must be sold, the personal representative must follow them unless the court orders otherwise. A personal representative may choose what estate property to sell first, may sell all or part of the estate’s interest in the property, and may sell by public auction or private sale, if the sale is otherwise allowed and subject to specified sections. A personal representative may treat estate assets as a unit for sale, but a private unit sale must meet a 90% minimum price and any sale involving real property must follow real-property sale rules.

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Provisions of Probate Code

Showing 200 of 2,672

  1. 2553.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator may lease estate property only with court authorization, except as provided in Section 2555.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 2553. (a) Except as provided in Section 2555, leases may be executed by the guardian or conservator with respect to the property of the estate only after authorization by order of the court. (b) To obtain an order under this section, the guardian or conservator or any interested person may file a petition with the court. The petition shall state (1) a general description of the property proposed to be leased, (2) the term, rental, and general conditions of the proposed lease, and (3) the advantage to the estate to accrue from giving the lease. If the lease is proposed to be for a term longer than 10 years, the petition shall also state facts showing the need for the longer lease and its advantage to the estate. 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. (c) At the hearing, the court shall entertain and consider any other offer made in good faith at the hearing to lease the same property on more favorable terms. If the court is satisfied that it will be to the advantage of the estate, the court shall make an order authorizing the guardian or conservator to make the lease to the person and on the terms and conditions stated in the order. The court shall not make an order authorizing the guardian or conservator to make the lease to any person other than the lessee named in the petition unless the offer made at the hearing is acceptable to the guardian or conservator. (d) Jurisdiction of the court to administer the estate of the ward or conservatee is effectual to vest the court with jurisdiction to make the order for the lease. This jurisdiction shall conclusively inure to the benefit of the lessee and the lessee’s heirs and assigns. No omission, error, or irregularity in the proceedings shall impair or invalidate the proceedings or the lease made pursuant to an order made under this article. (Enacted by Stats. 1990, Ch. 79.)
  2. 2554.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. )

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    A court order approving a lease must state the minimum rent or royalty and the lease term, and the court may add other lease terms.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 2554. (a) An order authorizing the execution of a lease shall set forth the minimum rental or royalty or both and the period of the lease, which shall be for such time as the court may authorize. (b) The order may authorize other terms and conditions, including, with respect to a lease for the purpose of exploration for or production or removal of minerals, oil, gas, or other hydrocarbon substances, or geothermal energy, any one or more of the following: (1) A provision for the payment of rental and royalty to a depositary. (2) A provision for the appointment of a common agent to represent the interests of all the lessors. (3) A provision for the payment of a compensatory royalty in lieu of rental and in lieu of drilling and producing operations on the land covered by the lease. (4) A provision empowering the lessee to enter into any agreement authorized by Section 3301 of the Public Resources Code with respect to the land covered by the lease. (5) A provision for a community oil lease or pooling or unitization by the lessee. (c) If the lease covers additional property owned by other persons or an undivided or other interest of the ward or conservatee less than the entire ownership in the property, the order may authorize the lease to provide for division of rental and royalty in the proportion that the land or interest of each owner bears to the total area of the land or total interests covered by such lease. (d) If the lease is for the purpose of exploration for or production or removal of minerals, oil, gas, or other hydrocarbon substances, or geothermal energy, the court may authorize that the lease be for a fixed period and any of the following: (1) So long thereafter as minerals, oil, gas, or other hydrocarbon substances or geothermal energy are produced in paying quantities from the property leased or mining or drilling operations are conducted thereon. (2) If the lease provides for the payment of a compensatory royalty, so long thereafter as such compensatory royalty is paid. (3) If the land covered by the lease is included in an agreement authorized by Section 3301 of the Public Resources Code, so long thereafter as oil, gas, or other hydrocarbon substances are produced in paying quantities from any of the lands included in any such agreement or drilling operations are conducted thereon. (Enacted by Stats. 1990, Ch. 79.)
  3. 2555.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator may lease estate real property without court approval if doing so benefits the estate and the lease fits one of the listed conditions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 2555. If it is to the advantage of the estate, the guardian or conservator may lease, as lessor, real property of the estate without authorization of the court in either of the following cases: (a) Where the rental does not exceed five thousand dollars ($5,000) a month and the term does not exceed two years. (b) Where the lease is from month to month, regardless of the amount of the rental. (Amended by Stats. 1990, Ch. 710, Sec. 11. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  4. 2556.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator may transfer or encumber estate real property only after court authorization and if doing so benefits the estate; a petition must be filed and hearing notice must be given.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 2556. (a) If it is for the advantage, benefit, and best interests of the estate and those interested therein, the guardian or conservator, after authorization by order of the court, may do any of the following either with or without consideration: (1) Dedicate or convey real property of the estate for any purpose to any of the following: (A) This state or any public entity in this state. (B) The United States or any agency or instrumentality of the United States. (2) Dedicate or convey an easement over any real property of the estate to any person for any purpose. (3) Convey, release, or relinquish to this state or any public entity in this state any access rights to any street, highway, or freeway from any real property of the estate. (4) Consent as a lienholder to a dedication, conveyance, release, or relinquishment under paragraph (1), (2), or (3) by the owner of property subject to the lien. (b) To obtain an order under this section, the guardian or conservator or any other interested person shall file a petition with the court. 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. (Enacted by Stats. 1990, Ch. 79.)
  5. 2557.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator may exchange estate property only after court authorization and on court-set terms, and a petition and hearing notice are generally required.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 2557. (a) Whenever it is for the advantage, benefit, and best interests of the ward or conservatee and those legally entitled to support, maintenance, or education from the ward or conservatee, the guardian or conservator, after authorization by order of the court, may exchange any property of the estate for other property upon such terms and conditions as may be prescribed by the court. The terms and conditions prescribed by the court may include the payment or receipt of part cash by the guardian or conservator. (b) To obtain an order under this section, the guardian or conservator or any interested person shall file a petition containing all of the following: (1) A description of the property. (2) The terms and conditions of the proposed exchange. (3) A showing that the proposed exchange is for the advantage, benefit, and best interests of the ward or conservatee and those legally entitled to support, maintenance, or education from the ward or conservatee. (c) Except as provided in subdivision (d), 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. (d) If the petition is for authorization to exchange stocks, bonds, or other securities as defined in Section 10200 for different stocks, bonds, or other securities, the court, upon a showing of good cause, may order that the notice be given for a shorter period or be dispensed with. (e) After authorization by order of the court, the guardian or conservator may execute the conveyance or transfer to the person with whom the exchange is made to effectuate the exchange. (f) No omission, error, or irregularity in the proceedings under this section shall impair or invalidate the proceedings or the exchange made pursuant to an order made under this section. (Enacted by Stats. 1990, Ch. 79.)
  6. 256.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. )

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    An insurance company, financial institution, or other obligor paying under its policy or obligation is not liable under this part unless it received written notice of a claim at its home office or principal address before payment.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. ) ## 256. An insurance company, financial institution, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this part, unless prior to payment it has received at its home office or principal address written notice of a claim under this part. (Enacted by Stats. 1990, Ch. 79.)
  7. 257.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. )

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    This section says the part does not apply if the decedent was killed before January 1, 1985, and older law continues to govern those cases.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. ) ## 257. This part does not apply where the decedent was killed before January 1, 1985; and the law applicable prior to January 1, 1985, continues to apply where the decedent was killed before January 1, 1985. (Enacted by Stats. 1990, Ch. 79.)
  8. 2570.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Investments and Purchase of Property [2570 - 2574] ( Article 9 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator may invest estate money only after a court order, and the court can set terms, require proof, and in some cases dispense with notice.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Investments and Purchase of Property [2570 - 2574] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 2570. (a) The guardian or conservator, after authorization by order of the court, may invest the proceeds of sales and any other money of the estate as provided in the order. (b) To obtain an order of the court authorizing a transaction under subdivision (a) of this section, the guardian or conservator, the ward or conservatee, or any other interested person may file a petition with the court. (c) 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. The court may order that the notice be dispensed with. (d) The court may require such proof of the fairness and feasibility of the transaction as the court determines is necessary. (e) If the required showing is made, the court may make an order authorizing the transaction and may prescribe in the order the terms and conditions upon which the transaction shall be made. (Enacted by Stats. 1990, Ch. 79.)
  9. 2571.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Investments and Purchase of Property [2570 - 2574] ( Article 9 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator may buy real property in California as a home, but only if the court authorizes it under Section 2570 and the purchase is for the ward or conservatee’s best interests.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Investments and Purchase of Property [2570 - 2574] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 2571. When authorized by order of the court under Section 2570, the guardian or conservator may purchase: (a) Real property in this state as a home for the ward or conservatee if such purchase is for the advantage, benefit, and best interest of the ward or conservatee. (b) Real property as a home for those legally entitled to support and maintenance from the ward or conservatee if such purchase is for the advantage, benefit, and best interest of the ward or conservatee and of those legally entitled to support and maintenance from the ward or conservatee. (Enacted by Stats. 1990, Ch. 79.)
  10. 2572.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Investments and Purchase of Property [2570 - 2574] ( Article 9 enacted by Stats. 1990, Ch. 79. )

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    A court order can let a guardian or conservator buy real property and join the purchase with certain other people; the court can also require the guardian or conservator to sign the documents needed to finish the deal.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Investments and Purchase of Property [2570 - 2574] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 2572. An order authorizing the guardian or conservator to purchase real property may authorize the guardian or conservator to join with the spouse of the ward or the spouse or domestic partner of the conservatee or with any other person or persons in the purchase of the real property, or an interest, equity, or estate therein, in severalty, in common, in community, or in joint tenancy, for cash or upon a credit or for part cash and part credit. When the court authorizes the purchase of real property, the court may order the guardian or conservator to execute all necessary instruments and commitments to complete the transaction. (Amended by Stats. 2001, Ch. 893, Sec. 37. Effective January 1, 2002.)
  11. 2573.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Investments and Purchase of Property [2570 - 2574] ( Article 9 enacted by Stats. 1990, Ch. 79. )

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    An investment order may let a guardian or conservator choose among bonds from a generally described issuer type if the order sets minimum quality, coupon, yield, and maturity limits.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Investments and Purchase of Property [2570 - 2574] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 2573. An order authorizing investment in bonds issued by any state or of any city, county, city and county, political subdivision, public corporation, district, or special district of any state may authorize the guardian or conservator to select from among bonds issued by any such issuer, without specifying any particular issuer or issue of bonds, if the type of issuer is designated in general terms and the order specifies as to such bonds a minimum quality rating as shown in a recognized investment service, a minimum interest coupon rate, a minimum yield to maturity, and the date of maturity within a five-year range. (Enacted by Stats. 1990, Ch. 79.)
  12. 2574.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Investments and Purchase of Property [2570 - 2574] ( Article 9 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator may invest estate funds in listed types of investments without court authorization, subject to subdivision (b).

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Investments and Purchase of Property [2570 - 2574] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 2574. (a) Subject to subdivision (b), the guardian or conservator, without authorization of the court, may invest funds of the estate pursuant to this section in: (1) Direct obligations of the United States, or of the State of California, maturing not later than five years from the date of making the investment. (2) United States Treasury bonds redeemable at par value on the death of the holder for payment of federal estate taxes, regardless of maturity date. (3) Securities listed on an established stock or bond exchange in the United States which are purchased on such exchange. (4) Eligible securities for the investment of surplus state moneys as provided for in Section 16430 of the Government Code. (5) An interest in a money market mutual fund registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.) or an investment vehicle authorized for the collective investment of trust funds pursuant to Section 9.18 of Part 9 of Title 12 of the Code of Federal Regulations, the portfolios of which are limited to United States government obligations maturing not later than five years from the date of investment and to repurchase agreements fully collateralized by United States government obligations. (6) Units of a common trust fund described in Section 1585 of the Financial Code. The common trust fund shall have as its objective investment primarily in short-term fixed income obligations and shall be permitted to value investments at cost pursuant to regulations of the appropriate regulatory authority. (b) In making and retaining investments made under this section, the guardian or conservator shall take into consideration the circumstances of the estate, indicated cash needs, and, if reasonably ascertainable, the date of the prospective termination of the guardianship or conservatorship. (c) This section shall not limit the authority of the guardian or conservator to seek court authorization for any investment, or to make other investments with court authorization, as provided in this division. (Amended by Stats. 2014, Ch. 71, Sec. 136. (SB 1304) Effective January 1, 2015.)
  13. 258.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. )

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    A person who feloniously and intentionally kills the decedent cannot bring a wrongful death action or benefit from it.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. ) ## 258. A person who feloniously and intentionally kills the decedent is not entitled to bring an action for wrongful death of the decedent or to benefit from the action brought by the decedent’s personal representative. The persons who may bring an action for wrongful death of the decedent and to benefit from the action are determined as if the killer had predeceased the decedent. (Added by Stats. 1992, Ch. 178, Sec. 29.5. Effective January 1, 1993.)
  14. 2580.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A conservator or other interested person may ask the court to authorize or require the conservator to take certain proposed actions, including gifts, contracts, trusts, and similar estate-related transactions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. ) ## 2580. (a) The conservator or other interested person may file a petition under this article for an order of the court authorizing or requiring the conservator to take a proposed action for any one or more of the following purposes: (1) Benefiting the conservatee or the estate. (2) Minimizing current or prospective taxes or expenses of administration of the conservatorship estate or of the estate upon the death of the conservatee. (3) Providing gifts for any purposes, and to any charities, relatives (including the other spouse or domestic partner), friends, or other objects of bounty, as would be likely beneficiaries of gifts from the conservatee. (b) The action proposed in the petition may include, but is not limited to, the following: (1) Making gifts of principal or income, or both, of the estate, outright or in trust. (2) Conveying or releasing the conservatee’s contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety. (3) Exercising or releasing the conservatee’s powers as donee of a power of appointment. (4) Entering into contracts. (5) Creating for the benefit of the conservatee or others, revocable or irrevocable trusts of the property of the estate, which trusts may extend beyond the conservatee’s disability or life. A special needs trust for money paid pursuant to a compromise or judgment for a conservatee may be established only under Chapter 4 (commencing with Section 3600) of Part 8, and not under this article. (6) Transferring to a trust created by the conservator or conservatee any property unintentionally omitted from the trust. (7) Exercising options of the conservatee to purchase or exchange securities or other property. (8) Exercising the rights of the conservatee to elect benefit or payment options, to terminate, to change beneficiaries or ownership, to assign rights, to borrow, or to receive cash value in return for a surrender of rights under any of the following: (A) Life insurance policies, plans, or benefits. (B) Annuity policies, plans, or benefits. (C) Mutual fund and other dividend investment plans. (D) Retirement, profit sharing, and employee welfare plans and benefits. (9) Exercising the right of the conservatee to elect to take under or against a will. (10) Exercising the right of the conservatee to disclaim any interest that may be disclaimed under Part 8 (commencing with Section 260) of Division 2. (11) Exercising the right of the conservatee (A) to revoke or modify a revocable trust or (B) to surrender the right to revoke or modify a revocable trust, but the court shall not authorize or require the conservator to exercise the right to revoke or modify a revocable trust if the instrument governing the trust (A) evidences an intent to reserve the right of revocation or modification exclusively to the conservatee, (B) provides expressly that a conservator may not revoke or modify the trust, or (C) otherwise evidences an intent that would be inconsistent with authorizing or requiring the conservator to exercise the right to revoke or modify the trust. (12) Making an election referred to in Section 13502 or an election and agreement referred to in Section 13503. (13) Making a will. (14) Making or revoking a revocable transfer on death deed. (Amended by Stats. 2015, Ch. 293, Sec. 7. (AB 139) Effective January 1, 2016.)
  15. 2581.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Notice of the hearing must be given to specified people, in the manner and for the period set by other referenced provisions, unless the court excuses notice for good cause.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. ) ## 2581. Notice of the hearing of the petition shall be given, regardless of age, for the period and in the manner provided in Chapter 3 (commencing with Section 1460) or Part 1 to all of the following: (a) The persons required to be given notice under Chapter 3 (commencing with Section 1460) of Part 1. (b) The persons required to be named in a petition for the appointment of a conservator. (c) So far as is known to the petitioner, beneficiaries under any document executed by the conservatee which may have testamentary effect unless the court for good cause dispenses with such notice. (d) So far as is known to the petitioner, the persons who, if the conservatee were to die immediately, would be the conservatee’s heirs under the laws of intestate succession unless the court for good cause dispenses with such notice. (e) Such other persons as the court may order. (Amended by Stats. 1996, Ch. 862, Sec. 8. Effective January 1, 1997.)
  16. 2582.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court may authorize or require the proposed action only if it finds the conservatee is not opposed or lacks capacity, and the estate-related conditions are satisfied.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. ) ## 2582. The court may make an order authorizing or requiring the proposed action under this article only if the court determines all of the following: (a) The conservatee either (1) is not opposed to the proposed action or (2) if opposed to the proposed action, lacks legal capacity for the proposed action. (b) Either the proposed action will have no adverse effect on the estate or the estate remaining after the proposed action is taken will be adequate to provide for the needs of the conservatee and for the support of those legally entitled to support, maintenance, and education from the conservatee, taking into account the age, physical condition, standards of living, and all other relevant circumstances of the conservatee and those legally entitled to support, maintenance, and education from the conservatee. (Enacted by Stats. 1990, Ch. 79.)
  17. 2583.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court must consider all relevant circumstances when deciding whether to authorize or require a proposed action under this article.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. ) ## 2583. In determining whether to authorize or require a proposed action under this article, the court shall take into consideration all the relevant circumstances, which may include, but are not limited to, the following: (a) Whether the conservatee has legal capacity for the proposed transaction and, if not, the probability of the conservatee’s recovery of legal capacity. (b) The past donative declarations, practices, and conduct of the conservatee. (c) The traits of the conservatee. (d) The relationship and intimacy of the prospective donees with the conservatee, their standards of living, and the extent to which they would be natural objects of the conservatee’s bounty by any objective test based on such relationship, intimacy, and standards of living. (e) The wishes of the conservatee. (f) Any known estate plan of the conservatee (including, but not limited to, the conservatee’s will, any trust of which the conservatee is the settlor or beneficiary, any power of appointment created by or exercisable by the conservatee, and any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the conservatee’s death to another or others which the conservatee may have originated). (g) The manner in which the estate would devolve upon the conservatee’s death, giving consideration to the age and the mental and physical condition of the conservatee, the prospective devisees or heirs of the conservatee, and the prospective donees. (h) The value, liquidity, and productiveness of the estate. (i) The minimization of current or prospective income, estate, inheritance, or other taxes or expenses of administration. (j) Changes of tax laws and other laws which would likely have motivated the conservatee to alter the conservatee’s estate plan. (k) The likelihood from all the circumstances that the conservatee as a reasonably prudent person would take the proposed action if the conservatee had the capacity to do so. (l) Whether any beneficiary is the spouse or domestic partner of the conservatee. (m) Whether a beneficiary has committed physical abuse, neglect, false imprisonment, or financial abuse against the conservatee after the conservatee was substantially unable to manage his or her financial resources, or resist fraud or undue influence, and the conservatee’s disability persisted throughout the time of the hearing on the proposed substituted judgment. (Amended by Stats. 2011, Ch. 308, Sec. 10. (SB 647) Effective January 1, 2012.)
  18. 2584.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    After a hearing, the court may approve, change, or reject the proposed action, and may order the conservator to transfer or dispose of assets or take other action.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. ) ## 2584. After hearing, the court, in its discretion, may approve, modify and approve, or disapprove the proposed action and may authorize or direct the conservator to transfer or dispose of assets or take other action as provided in the court’s order. (Enacted by Stats. 1990, Ch. 79.)
  19. 2585.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The conservator has no duty to propose any action under this article and is not liable for failing to do so.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. ) ## 2585. Nothing in this article imposes any duty on the conservator to propose any action under this article, and the conservator is not liable for failure to propose any action under this article. (Enacted by Stats. 1990, Ch. 79.)
  20. 2586.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may order estate-plan documents of a conservatee delivered for examination or safekeeping, and may let the conservator take depositor-like actions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 10. Substituted Judgment [2580 - 2586] ( Article 10 enacted by Stats. 1990, Ch. 79. ) ## 2586. (a) As used in this section, “estate plan of the conservatee” includes, but is not limited to, the conservatee’s will, any trust of which the conservatee is the settlor or beneficiary, any power of appointment created by or exercisable by the conservatee, and any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the conservatee’s death to another or others which the conservatee may have originated. (b) Notwithstanding Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code (lawyer-client privilege), the court, in its discretion, may order that any person having possession of any document constituting all or part of the estate plan of the conservatee shall deliver the document to the court for examination by the court, and, in the discretion of the court, by the attorneys for the persons who have appeared in the proceedings under this article, in connection with the petition filed under this article. (c) Unless the court otherwise orders, no person who examines any document produced pursuant to an order under this section shall disclose the contents of the document to any other person. If that disclosure is made, the court may adjudge the person making the disclosure to be in contempt of court. (d) For good cause, the court may order that a document constituting all or part of the estate plan of the conservatee, whether or not produced pursuant to an order under this section, shall be delivered for safekeeping to the custodian designated by the court. The court may impose those conditions it determines are appropriate for holding and safeguarding the document. The court may authorize the conservator to take any action a depositor may take under Part 15 (commencing with Section 700) of Division 2. (Amended by Stats. 1993, Ch. 519, Sec. 5. Effective January 1, 1994.)
  21. 259.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. )

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    A person who is proven liable for elder/dependent-adult abuse, or convicted of certain Penal Code offenses, is treated as having predeceased the decedent and can be barred from receiving estate-related benefits or serving as a fiduciary in specified circumstances.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. ) ## 259. (a) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) where all of the following apply: (1) It has been proven by clear and convincing evidence that the person is liable for physical abuse, neglect, or financial abuse of the decedent, who was an elder or dependent adult. (2) The person is found to have acted in bad faith. (3) The person has been found to have been reckless, oppressive, fraudulent, or malicious in the commission of any of these acts upon the decedent. (4) The decedent, at the time those acts occurred and thereafter until the time of his or her death, has been found to have been substantially unable to manage his or her financial resources or to resist fraud or undue influence. (b) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) if that person has been convicted of a violation of Section 236 of the Penal Code or any offense described in Section 368 of the Penal Code. (c) Any person found liable under subdivision (a) or convicted under subdivision (b) shall not (1) receive any property, damages, or costs that are awarded to the decedent’s estate in an action described in subdivision (a) or (b), whether that person’s entitlement is under a will, a trust, or the laws of intestacy; or (2) serve as a fiduciary as defined in Section 39, if the instrument nominating or appointing that person was executed during the period when the decedent was substantially unable to manage his or her financial resources or resist fraud or undue influence. This section shall not apply to a decedent who, at any time following the act or acts described in paragraph (1) of subdivision (a), or the act or acts described in subdivision (b), was substantially able to manage his or her financial resources and to resist fraud or undue influence within the meaning of subdivision (b) of Section 1801 of the Probate Code and subdivision (b) of Section 39 of the Civil Code. (d) For purposes of this section, the following definitions shall apply: (1) “Physical abuse” as defined in Section 15610.63 of the Welfare and Institutions Code. (2) “Neglect” as defined in Section 15610.57 of the Welfare and Institutions Code. (3) “False imprisonment” as defined in Section 368 of the Penal Code. (4) “Financial abuse” as defined in Section 15610.30 of the Welfare and Institutions Code. (e) Nothing in this section shall be construed to prohibit the severance and transfer of an action or proceeding to a separate civil action pursuant to Section 801. (Amended by Stats. 2011, Ch. 308, Sec. 9. (SB 647) Effective January 1, 2012.)
  22. 2590.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. )

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    A court may let a guardian or conservator use certain estate powers, and the guardian or conservator may then use those powers without separate notice, hearing, or court approval if the order and Section 2591 allow it.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. ) ## 2590. (a) The court may, in its discretion, make an order granting the guardian or conservator any one or more or all of the powers specified in Section 2591 if the court determines that, under the circumstances of the particular guardianship or conservatorship, it would be to the advantage, benefit, and best interest of the estate to do so. Subject only to the requirements, conditions, or limitations as are specifically and expressly provided, either directly or by reference, in the order granting the power or powers, and if consistent with Section 2591, the guardian or conservator may exercise the granted power or powers without notice, hearing, or court authorization, instructions, approval, or confirmation in the same manner as the ward or conservatee could do if possessed of legal capacity. (b) The guardian or conservator does not have a power specified in Section 2591 without authorization by a court under this article or other express provisions of this code. (Amended by Stats. 2007, Ch. 553, Sec. 18. Effective January 1, 2008.)
  23. 2591.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section lists the powers a guardian or conservator of the estate may exercise independently, including operating a business, selling property, borrowing money, leasing property, and managing claims.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. ) ## 2591. The powers referred to in Section 2590 are: (a) The power to operate, for a period longer than 45 days, at the risk of the estate a business, farm, or enterprise constituting an asset of the estate. (b) The power to grant and take options. (c) (1) The power to sell at public or private sale real or personal property of the estate without confirmation of the court of the sale, other than the personal residence of a conservatee. (2) The power to sell at public or private sale the personal residence of the conservatee as described in Section 2591.5 without confirmation of the court of the sale. The power granted pursuant to this paragraph is subject to the requirements of Sections 2352.5, 2540, 2541, and 2541.5. (3) For purposes of this subdivision, authority to sell property includes authority to contract for the sale and fulfill the terms and conditions of the contract, including conveyance of the property. (d) The power to create by grant or otherwise easements and servitudes. (e) The power to borrow money. (f) The power to give security for the repayment of a loan. (g) The power to purchase real or personal property. (h) The power to alter, improve, raze, replace, and rebuild property of the estate. (i) The power to let or lease property of the estate, or extend, renew, or modify a lease of real property, for which the monthly rental or lease term exceeds the maximum specified in Sections 2501 and 2555 for any purpose (including exploration for and removal of gas, oil, and other minerals and natural resources) and for any period, including a term commencing at a future time. (j) The power to lend money on adequate security. (k) The power to exchange property of the estate. (l) The power to sell property of the estate on credit if any unpaid portion of the selling price is adequately secured. (m) The power to commence and maintain an action for partition. The power granted pursuant to this subdivision is subject to the requirements of Sections 2352.5, 2540, 2541, and 2541.5. (n) The power to exercise stock rights and stock options. (o) The power to participate in and become subject to and to consent to the provisions of a voting trust and of a reorganization, consolidation, merger, dissolution, liquidation, or other modification or adjustment affecting estate property. (p) The power to pay, collect, compromise, or otherwise adjust claims, debts, or demands upon the guardianship or conservatorship described in subdivision (a) of Section 2501, Section 2502 or 2504, or to arbitrate any dispute described in Section 2406. (Amended by Stats. 2022, Ch. 91, Sec. 5. (SB 1005) Effective January 1, 2023.)
  24. 2591.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A conservator who wants to sell a conservatee’s personal residence must show the sale is in the conservatee’s best interests, follow appraisal and minimum-offer rules, and send and file escrow documents within 15 days after escrow closes.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. ) ## 2591.5. (a) Notwithstanding any other provisions of this article, a conservator seeking an order under Section 2590 authorizing a sale of the conservatee’s personal residence shall demonstrate to the court that the terms of sale, including the price for which the property is to be sold, the commissions to be paid from the estate, estimated capital gains income and tax consequences, and impact on access to governmental benefits, are in all respects in the best interests of the conservatee. (b) A conservator authorized to sell the conservatee’s personal residence pursuant to Section 2590 shall comply with the provisions of Section 10309 concerning appraisal or new appraisal of the property for sale and sale at a minimum offer price. Notwithstanding Section 10309, if the last appraisal of the conservatee’s personal residence was conducted more than six months prior to the proposed sale of the property, a new appraisal shall be required prior to the sale of the property, unless the court finds that it is in the best interests of the conservatee to rely on an appraisal of the personal residence that was conducted not more than one year prior to the proposed sale of the property. For purposes of this section, the date of sale is the date of the contract for sale of the property. (c) Within 15 days of the close of escrow, the conservator shall serve a copy of the final escrow settlement statement on all persons entitled to notice of the petition for appointment for a conservator and all persons who have filed and served a request for special notice and shall file a copy of the final escrow statement along with a proof of service with the court. (Amended by Stats. 2019, Ch. 847, Sec. 5. (SB 303) Effective January 1, 2020.)
  25. 2592.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A guardian or conservator may petition for an order under Section 2590, and the request can be included in the appointment petition.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. ) ## 2592. (a) The guardian or conservator may apply by petition for an order under Section 2590. (b) The application for the order may be included in the petition for the appointment of the guardian or conservator. In such case, the notice of hearing on the petition shall include a statement that the petition includes an application for the grant of one or more powers under this article and shall list the specific power or powers applied for. (c) If the application for the order is made by petition filed after the filing of the petition for the appointment of the guardian or conservator, 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. (Enacted by Stats. 1990, Ch. 79.)
  26. 2593.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may take back powers it previously gave under this article or add restrictions, conditions, and limits on those powers if doing so is in the best interests of the ward, conservatee, or estate.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. ) ## 2593. (a) The court, on its own motion or on petition of any interested person, when it appears to be for the best interests of the ward or conservatee or the estate, may withdraw any or all of the powers previously granted pursuant to this article or may impose restrictions, conditions, and limitations on the exercise of such powers by the guardian or conservator. (b) Notice of the hearing on a petition under this section shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Enacted by Stats. 1990, Ch. 79.)
  27. 2594.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    When powers are granted, withdrawn, or changed for a guardian or conservator, the letters must be updated to state the granted powers and any restrictions, conditions, or limitations.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. ) ## 2594. (a) When a power or powers are granted pursuant to this article, the letters of guardianship or conservatorship shall state the power or powers so granted and the restrictions, conditions, or limitations, if any, prescribed in the order and shall refer to this article. (b) When a power or powers are granted by a subsequent order, new letters shall be issued in the form described in subdivision (a). (c) If the powers are withdrawn, or if the powers are restricted, conditioned, or limited by a subsequent order after they are granted, new letters shall be issued accordingly. (Enacted by Stats. 1990, Ch. 79.)
  28. 2595.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A guardian or conservator’s granted powers do not take away the ability to petition the court, and the person may use other legal authority instead of authority under this article when it exists.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 11. Independent Exercise of Powers [2590 - 2595] ( Article 11 enacted by Stats. 1990, Ch. 79. ) ## 2595. (a) The grant of a power or powers pursuant to this article does not affect the right of the guardian or conservator to petition the court as provided in Section 2403 or to petition the court under other provisions of this code, as to a particular transaction or matter, in the same manner as if the power or powers had not been granted pursuant to this article. (b) Where authority exists under other provisions of law, either general or specific, for the guardian or conservator to do any act or to enter into any transaction described in Section 2591, the guardian or conservator may proceed under such other provisions of law and is not required to obtain authority under this article. (Enacted by Stats. 1990, Ch. 79.)
  29. 26.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Child” means an individual who may take as a child under the code by intestate succession from the relevant parent.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 26. “Child” means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. (Enacted by Stats. 1990, Ch. 79.)
  30. 260.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The definitions in this chapter govern how this part is interpreted, unless the provision or context requires otherwise.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 260. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)
  31. 2600.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2600 - 2601] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “conservator,” “estate,” and “guardian” for this chapter.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2600 - 2601] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2600. As used in this chapter, unless the context otherwise requires: (a) “Conservator” means (1) the conservator of the estate or (2) the limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator. (b) “Estate” means all of the conservatee’s or ward’s personal property, wherever located, and real property located in this state. (c) “Guardian” means the guardian of the estate. (Amended by Stats. 2008, Ch. 52, Sec. 4. Effective January 1, 2009.)
  32. 2601.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2600 - 2601] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a ward or conservatee works during the guardianship or conservatorship, their wages are generally not part of the estate, the guardian or conservator is not accountable for them, and the wages are paid to and controlled by the ward or conservatee unless the court orders otherwise.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2600 - 2601] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2601. (a) Unless otherwise ordered by the court, if the ward or conservatee is employed at any time during the continuance of the guardianship or conservatorship: (1) The wages or salaries for such employment are not a part of the estate and the guardian or conservator is not accountable for such wages or salaries. (2) The wages or salaries for such employment shall be paid to the ward or conservatee and are subject to his or her control to the same extent as if the guardianship or conservatorship did not exist. (b) Any court order referred to in subdivision (a) is binding upon the employer only after notice of the order has been received by the employer. (Enacted by Stats. 1990, Ch. 79.)
  33. 2610.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A guardian or conservator must file and deliver an inventory and appraisal of the estate within 90 days after appointment, unless the court allows more time for good cause.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2610. (a) Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall file with the clerk of the court and deliver pursuant to Section 1215 to the conservatee and to the attorneys of record for the ward or conservatee, along with notice of how to file an objection, an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. A copy of this inventory and appraisal, along with notice of how to file an objection, also shall be delivered to the conservatee’s spouse or registered domestic partner, the conservatee’s relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will result in harm to the conservatee. (b) The guardian or conservator shall take and subscribe to an oath that the inventory contains a true statement of all of the estate of the ward or conservatee of which the guardian or conservator has possession or knowledge. The oath shall be endorsed upon or annexed to the inventory. (c) The property described in the inventory shall be appraised in the manner provided for the inventory and appraisal of estates of decedents. The guardian or conservator may appraise the assets that a personal representative could appraise under Section 8901. (d) If a conservatorship is initiated pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), and no sale of the estate will occur: (1) The inventory and appraisal required by subdivision (a) shall be filed within 90 days after appointment of the conservator. (2) The property described in the inventory may be appraised by the conservator and need not be appraised by a probate referee. (e) By January 1, 2008, the Judicial Council shall develop a form to effectuate the notice required in subdivision (a). (Amended by Stats. 2017, Ch. 319, Sec. 46. (AB 976) Effective January 1, 2018.)
  34. 2611.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator must send a copy of the inventory and appraisal to the appropriate department’s director in Sacramento within 15 days after filing it with the court, if the ward or conservatee is or has been a state hospital patient during the guardianship or conservatorship.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2611. If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the guardian or conservator shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the director of the appropriate department at the director’s office in Sacramento not later than 15 days after the inventory and appraisal is filed with the court. Compliance with this section is not required if an unrevoked certificate described in subdivision (c) of Section 1461 is on file with the court with respect to the ward or conservatee. (Amended by Stats. 2017, Ch. 319, Sec. 47. (AB 976) Effective January 1, 2018.)
  35. 2612.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    If a timely request is made, the clerk of court must deliver a copy of the inventory and appraisal to the county assessor.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2612. If a timely request is made, the clerk of court shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the county assessor. (Amended by Stats. 2017, Ch. 319, Sec. 48. (AB 976) Effective January 1, 2018.)
  36. 2613.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A guardian or conservator must file a supplemental inventory and appraisal when previously unlisted property is discovered or other property is later received for the ward or conservatee, unless it was received through investment or management actions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2613. Whenever any property of the ward or conservatee is discovered that was not included in the inventory, or whenever any other property is received by the ward or conservatee or by the guardian or conservator on behalf of the ward or conservatee (other than by the actions of the guardian or conservator in the investment and management of the estate), the guardian or conservator shall file a supplemental inventory and appraisal for that property and like proceedings shall be followed with respect thereto as in the case of an original inventory, but the appraisal shall be made as of the date the property was so discovered or received. (Enacted by Stats. 1990, Ch. 79.)
  37. 2614.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    People may object to appraisals within 30 days after the inventory and appraisal is filed. The clerk must set a hearing at least 15 days after filing, and the court must decide the objections.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2614. (a) Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written objections to any or all appraisals. The clerk shall set the objections for hearing not less than 15 days after their filing. (b) Notice of the hearing, together with a copy of the objections, shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If the appraisal was made by a probate referee, the person objecting shall also deliver pursuant to Section 1215 notice of the hearing and a copy of the objection to the probate referee at least 15 days before the time set for the hearing. (c) The court shall determine the objections and may fix the true value of any asset to which objection has been filed. For the purpose of this subdivision, the court may cause an independent appraisal or appraisals to be made by at least one additional appraiser at the expense of the estate or, if the objecting party is not the guardian or conservator and the objection is rejected by the court, the court may assess the cost of any additional appraisal or appraisals against the objecting party. (Amended by Stats. 2017, Ch. 319, Sec. 49. (AB 976) Effective January 1, 2018.)
  38. 2614.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a guardian or conservator misses the inventory-and-appraisal deadline, the court can order filing or a show-cause response, and may later remove the guardian or conservator if the order is not followed.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2614.5. (a) If the guardian or conservator fails to file an inventory and appraisal within the time allowed by law or by court order, upon request of the ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any interested person, the court shall order the guardian or conservator to file the inventory and appraisal within the time prescribed in the order or to show cause why the guardian or conservator should not be removed. The person who requested the order shall serve it upon the guardian or conservator in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in a manner as is ordered by the court. (b) If the guardian or conservator fails to file the inventory and appraisal as required by the order within the time prescribed in the order, unless good cause is shown for not doing so, the court, on its own motion or on petition, may remove the guardian or conservator, revoke the letters of guardianship or conservatorship, and enter judgment accordingly, and order the guardian or conservator to file an account and to surrender the estate to the person legally entitled thereto. (c) The procedure provided in this section is optional and does not preclude the use of any other remedy or sanction when an inventory and appraisal is not timely filed. (Amended by Stats. 2001, Ch. 893, Sec. 39. Effective January 1, 2002.)
  39. 2614.7.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A professional fiduciary guardian or conservator must file a proposed hourly fee schedule or similar compensation statement with the inventory and appraisal.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2614.7. If a guardian or conservator of the person or estate, or both, is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the guardian or conservator shall file, concurrently with the inventory and appraisal required by Section 2610, a proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the ward or conservatee for services performed as a guardian or conservator. The filing of a proposed hourly fee schedule or another statement of the guardian’s or conservator’s proposed compensation, as required by this section, shall not preclude a court from later reducing the guardian’s, conservator’s, or his or her attorney’s fees or other compensation. (Added by Stats. 2013, Ch. 248, Sec. 4. (AB 1339) Effective January 1, 2014.)
  40. 2614.8.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A professional fiduciary who is a guardian or conservator may file a new proposed hourly fee schedule or compensation statement after one year has passed since the prior filing.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2614.8. At any time on or after one year from the submission of an hourly fee schedule or another statement of proposed compensation under this section or under Section 1510, 1821, 2250, or 2614.7, a guardian or conservator who is a professional fiduciary may submit a new proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward or proposed conservatee. The submittal of a new hourly fee schedule or another statement of the guardian’s or conservator’s proposed compensation, as authorized by this section, shall not preclude a court from later reducing the guardian’s or conservator’s hourly fees or other compensation, or his or her attorney’s fees or other compensation. (Added by Stats. 2013, Ch. 248, Sec. 5. (AB 1339) Effective January 1, 2014.)
  41. 2615.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A guardian or conservator must file any required inventory on time, or be liable for damages caused by the delay.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Inventory and Appraisal of Estate [2610 - 2615] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2615. If a guardian or conservator fails to file any inventory required by this article within the time prescribed by law or by court order, the guardian or conservator is liable for damages for any injury to the estate, or to any interested person, directly resulting from the failure timely to file the inventory. Damages awarded pursuant to this section are a personal liability of the guardian or conservator and a liability on the bond, if any. (Enacted by Stats. 1990, Ch. 79.)
  42. 2616.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2.5. Examination Concerning Assets of Estate [2616 - 2619] ( Article 2.5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Certain guardians, conservatees, creditors, and other interested persons may file a petition asking the court to examine alleged asset-related issues, and the court may issue a citation and punish disobedience as contempt.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2.5. Examination Concerning Assets of Estate [2616 - 2619] ( Article 2.5 enacted by Stats. 1990, Ch. 79. ) ## 2616. (a) A petition may be filed under this article by any one or more of the following: (1) The guardian or conservator. (2) The ward or conservatee. (3) A creditor or other interested person, including persons having only an expectancy or prospective interest in the estate. (b) Upon the filing of a petition under this article, the court may order that a citation be issued to a person to answer interrogatories, or to appear before the court and be examined under oath, or both, concerning any of the following allegations made in the petition: (1) The person has wrongfully taken, concealed, or disposed of property of the ward or conservatee. (2) The person has knowledge or possession of any of the following: (A) A deed, conveyance, bond, contract, or other writing that contains evidence of or tends to disclose the right, title, interest, or claim of the ward or conservatee to property. (B) An instrument in writing belonging to the ward or conservatee. (3) The person asserts a claim against the ward or conservatee or the estate. (4) The estate asserts a claim against the person. (c) If the citation requires the person to appear before the court, the court and the petitioner may examine the person under oath upon the matters recited in the petition. The citation may include a requirement for this person to produce documents and other personal property specified in the citation. (d) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation. (Amended by Stats. 1994, Ch. 806, Sec. 18. Effective January 1, 1995.)
  43. 2617.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2.5. Examination Concerning Assets of Estate [2616 - 2619] ( Article 2.5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A person cited under Section 2616 may be asked interrogatories, and the answers must be in writing, signed under penalty of perjury, and filed with the court.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2.5. Examination Concerning Assets of Estate [2616 - 2619] ( Article 2.5 enacted by Stats. 1990, Ch. 79. ) ## 2617. Interrogatories may be put to a person cited to answer interrogatories under Section 2616. The interrogatories and answers shall be in writing. The answers shall be signed under penalty of perjury by the person cited. The interrogatories and answers shall be filed with the court. (Enacted by Stats. 1990, Ch. 79.)
  44. 2618.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2.5. Examination Concerning Assets of Estate [2616 - 2619] ( Article 2.5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    At an examination, witnesses may be examined on either side. If the petition’s allegations are true, the court may order disclosure of the person’s knowledge. If they are not true, the court may charge the petitioner or the estate with the person’s necessary expenses and reasonable attorney’s fees.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2.5. Examination Concerning Assets of Estate [2616 - 2619] ( Article 2.5 enacted by Stats. 1990, Ch. 79. ) ## 2618. (a) At an examination, witnesses may be produced and examined on either side. (b) If upon the examination it appears that the allegations of the petition are true, the court may order the person to disclose the person’s knowledge of the facts. (c) If upon the examination it appears that the allegations of the petition are not true, the person’s necessary expenses, including reasonable attorney’s fees, shall be charged against the petitioner or allowed out of the estate, in the discretion of the court. (Enacted by Stats. 1990, Ch. 79.)
  45. 2619.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2.5. Examination Concerning Assets of Estate [2616 - 2619] ( Article 2.5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    On petition of a guardian or conservator, the court may issue a citation to a person who controls estate property and require an under-oath accounting and appearance before the court.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2.5. Examination Concerning Assets of Estate [2616 - 2619] ( Article 2.5 enacted by Stats. 1990, Ch. 79. ) ## 2619. (a) On petition of the guardian or conservator, the court may issue a citation to a person who has possession or control of property in the estate of the ward or conservatee to appear before the court and make an account under oath of the property and the person’s actions with respect to the property. (b) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation. (Enacted by Stats. 1990, Ch. 79.)
  46. 262.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Beneficiary” means the person who would take an interest if they had not disclaimed it.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 262. “Beneficiary” means the person entitled, but for the person’s disclaimer, to take an interest. (Enacted by Stats. 1990, Ch. 79.)
  47. 2620.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Guardians and conservators must file court accountings on a regular schedule and submit supporting records; the court can review the accountings and act if it finds material errors.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2620. (a) At the expiration of one year from the time of appointment and thereafter not less frequently than biennially, unless otherwise ordered by the court to be more frequent, the guardian or conservator shall present the accounting of the assets of the estate of the ward or conservatee to the court for settlement and allowance in the manner provided in Chapter 4 (commencing with Section 1060) of Part 1 of Division 3. By January 1, 2008, the Judicial Council, in consultation with the California Judges Association, the California Association of Superior Court Investigators, the California State Association of Public Administrators, Public Guardians, and Public Conservators, the State Bar of California, and the California Society of Certified Public Accountants, shall develop a standard accounting form, a simplified accounting form, and rules for when the simplified accounting form may be used. After January 1, 2008, all accountings submitted pursuant to this section shall be submitted on the Judicial Council form. (b) The final court accounting of the guardian or conservator following the death of the ward or conservatee shall include a court accounting for the period that ended on the date of death and a separate accounting for the period subsequent to the date of death. (c) Along with each court accounting, the guardian or conservator shall file supporting documents, as provided in this section. (1) For purposes of this subdivision, the term “account statement” shall include any original account statement or verified electronic statement from any institution, as defined in Section 2890, or any financial institution, as defined in Section 2892, in which money or other assets of the estate are held or deposited. A court may also accept a computer-generated printout of an original verified electronic statement if the guardian or conservator verifies that the statement was received in electronic form and printed without alteration. A verification shall be executed by the guardian or conservator pursuant to Section 2015.5 of the Code of Civil Procedure. (2) The filing shall include all account statements showing the account balance as of the closing date of the accounting period of the court accounting. If the court accounting is the first court accounting of the guardianship or conservatorship, the guardian or conservator shall provide to the court all account statements showing the account balance immediately preceding the date the conservator or guardian was appointed and all account statements showing the account balance as of the closing date of the first court accounting. (3) The filing shall include the original closing escrow statement received showing the charges and credits for any sale of real property of the estate. (4) If the ward or conservatee is in a residential care facility or a long-term care facility, the filing shall include the original bill statements for the facility. (5) This subdivision shall not apply to the public guardian if the money belonging to the estate is pooled with money belonging to other estates pursuant to Section 2940 and Article 3 (commencing with Section 7640) of Chapter 4 of Part 1 of Division 7. Nothing in this section shall affect any other duty or responsibility of the public guardian with regard to managing money belonging to the estate or filing accountings with the court. (6) If any document to be filed or lodged with the court under this section contains the ward’s or conservatee’s social security number or any other personal information regarding the ward or conservatee that would not ordinarily be disclosed in a court accounting, an inventory and appraisal, or other nonconfidential pleadings filed in the action, the account statement or other document shall be attached to a separate affidavit describing the character of the document, captioned “CONFIDENTIAL FINANCIAL STATEMENT” in capital letters. Except as otherwise ordered by the court, the clerk of the court shall keep the document confidential except to the court and subject to disclosure only upon an order of the court. The guardian or conservator may redact the ward’s or conservatee’s social security number from any document lodged with the court under this section. (7) Courts may provide by local rule that the court shall retain all documents lodged with it under this subdivision until the court’s determination of the guardian’s or conservator’s account has become final, at which time the supporting documents shall be returned to the depositing guardian or conservator or delivered to any successor appointed by the court. (d) Each accounting is subject to random or discretionary, full or partial review by the court. The review may include consideration of any information necessary to determine the accuracy of the accounting. If the accounting has any material error, the court shall make an express finding as to the severity of the error and what further action is appropriate in response to the error, if any. Among the actions available to the court is immediate suspension of the guardian or conservator without further notice or proceedings and appointment of a temporary guardian or conservator or removal of the guardian or conservator pursuant to Section 2650 and appointment of a temporary guardian or conservator. (e) The guardian or conservator shall make available for inspection and copying, upon reasonable notice, to any person designated by the court to verify the accuracy of the accounting, all books and records, including receipts for any expenditures, of the guardianship or conservatorship. (f) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2021, Ch. 417, Sec. 22. (AB 1194) Effective January 1, 2022.)
  48. 2620.1.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The Judicial Council must develop guidelines by January 1, 2009 to help investigators and examiners review accountings and detect fraud.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2620.1. The Judicial Council shall, by January 1, 2009, develop guidelines to assist investigators and examiners in reviewing accountings and detecting fraud. (Added by Stats. 2007, Ch. 553, Sec. 21. Effective January 1, 2008.)
  49. 2620.2.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a conservator or guardian misses an accounting deadline, the court must notify them, set a hearing deadline, and may impose enforcement actions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2620.2. (a) Whenever the conservator or guardian has failed to file an accounting as required by Section 2620, the court shall require that written notice be given to the conservator or guardian and the attorney of record for the conservatorship or guardianship directing the conservator or guardian to file an accounting and to set the accounting for hearing before the court within 30 days of the date of the notice or, if the conservator or guardian is a public agency, within 45 days of the date of the notice. The court may, upon cause shown, grant an additional 30 days to file the accounting. (b) Failure to file the accounting within the time specified under subdivision (a), or within 45 days of actual receipt of the notice, whichever is later, shall constitute a contempt of the authority of the court as described in Section 1209 of the Code of Civil Procedure. (c) If the conservator or guardian does not file an accounting with all appropriate supporting documentation and set the accounting for hearing as required by Section 2620, the court shall do one or more of the following and shall report that action to the bureau established pursuant to Section 6510 of the Business and Professions Code: (1) Remove the conservator or guardian as provided under Article 1 (commencing with Section 2650) of Chapter 9 of Part 4 of Division 4. (2) Issue and serve a citation requiring a guardian or conservator who does not file a required accounting to appear and show cause why the guardian or conservator should not be punished for contempt. If the guardian or conservator purposely evades personal service of the citation, the guardian or conservator shall be immediately removed from office. (3) Suspend the powers of the conservator or guardian and appoint a temporary conservator or guardian, who shall take possession of the assets of the conservatorship or guardianship, investigate the actions of the conservator or guardian, and petition for surcharge if this is in the best interests of the ward or conservatee. Compensation for the temporary conservator or guardian, and counsel for the temporary conservator or guardian, shall be treated as a surcharge against the conservator or guardian, and if unpaid shall be considered a breach of condition of the bond. (4) (A) Appoint legal counsel to represent the ward or conservatee if the court has not suspended the powers of the conservator or guardian and appoint a temporary conservator or guardian pursuant to paragraph (3). Compensation for the counsel appointed for the ward or conservatee shall be treated as a surcharge against the conservator or guardian, and if unpaid shall be considered a breach of a condition on the bond, unless for good cause shown the court finds that counsel for the ward or conservatee shall be compensated according to Section 1470. The court shall order the legal counsel to do one or more of the following: (i) Investigate the actions of the conservator or guardian, and petition for surcharge if this is in the best interests of the ward or conservatee. (ii) Recommend to the court whether the conservator or guardian should be removed. (iii) Recommend to the court whether money or other property in the estate should be deposited pursuant to Section 2453, 2453.5, 2454, or 2455, to be subject to withdrawal only upon authorization of the court. (B) After resolution of the matters for which legal counsel was appointed in subparagraph (A), the court shall terminate the appointment of legal counsel, unless the court determines that continued representation of the ward or conservatee and the estate is necessary and reasonable. (5) If the conservator or guardian is exempt from the licensure requirements of Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code, upon ex parte application or any notice as the court may require, extend the time to file the accounting, not to exceed an additional 30 days after the expiration of the deadline described in subdivision (a), where the court finds there is good cause and that the estate is adequately bonded. After expiration of any extensions, if the accounting has not been filed, the court shall take action as described in paragraphs (1) to (3), inclusive. (d) Subdivision (c) does not preclude the court from additionally taking any other appropriate action in response to a failure to file a proper accounting in a timely manner. (Amended by Stats. 2007, Ch. 553, Sec. 22. Effective January 1, 2008.)
  50. 2621.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Notice of the hearing on a guardian’s or conservator’s account must be given as required by the referenced notice rules.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2621. Notice of the hearing on the account of the guardian or conservator shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If notice is required to be given to the Director of State Hospitals or the Director of Developmental Services under Section 1461, the account shall not be settled or allowed unless notice has been given as provided in Section 1461. (Amended by Stats. 2012, Ch. 440, Sec. 47. (AB 1488) Effective September 22, 2012.)
  51. 2622.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    Certain interested persons may file written objections to a guardian’s or conservator’s account.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2622. The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any creditor or other interested person may file written objections to the account of the guardian or conservator, stating the items of the account to which objection is made and the basis for the objection. (Amended by Stats. 2001, Ch. 893, Sec. 40. Effective January 1, 2002.)
  52. 2622.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    If objections are made or opposed without reasonable cause and in bad faith, the court may shift litigation costs, and the affected objector or guardian/conservator can be held personally liable.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2622.5. (a) If the court determines that the objections were without reasonable cause and in bad faith, the court may order the objector to pay the compensation and costs of the conservator or guardian and other expenses and costs of litigation, including attorney’s fees, incurred to defend the account. The objector shall be personally liable to the guardianship or conservatorship estate for the amount ordered. (b) If the court determines that the opposition to the objections was without reasonable cause and in bad faith, the court may award the objector the costs of the objector and other expenses and costs of litigation, including attorney’s fees, incurred to contest the account. The amount awarded is a charge against the compensation of the guardian or conservator, and the guardian or conservator is liable personally and on the bond, if any, for any amount that remains unsatisfied. (Added by Stats. 1996, Ch. 563, Sec. 12. Effective January 1, 1997.)
  53. 2623.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator may recover specified reasonable expenses and compensation, but cannot be paid from the estate for unsuccessful fee-petition or related litigation costs unless the court reduces the award under the good-faith exception.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2623. (a) Except as provided in subdivision (b), the guardian or conservator shall be allowed all of the following: (1) The amount of the reasonable expenses incurred in the exercise of the powers and the performance of the duties of the guardian or conservator (including, but not limited to, the cost of any surety bond furnished, reasonable attorney’s fees, and such compensation for services rendered by the guardian or conservator of the person as the court determines is just, reasonable, and in the best interest of the ward or conservatee). (2) Such compensation for services rendered by the guardian or conservator as the court determines is just, reasonable, and in the best interest of the ward or conservatee. (3) All reasonable disbursements made before appointment as guardian or conservator. (4) In the case of termination other than by the death of the ward or conservatee, all reasonable disbursements made after the termination of the guardianship or conservatorship, but before the discharge of the guardian or conservator by the court. (5) In the case of termination by the death of the ward or conservatee, all reasonable expenses incurred before the discharge of the guardian or conservator by the court for the custody and conservation of the estate and its delivery to the personal representative of the estate of the deceased ward or conservatee or in making other disposition of the estate as provided for by law. (b) (1) The guardian or conservator shall not be compensated from the estate for any costs or fees that the guardian or conservator incurred in unsuccessfully defending their fee request petition, opposing a petition, or any other unsuccessful request or action made by, or behalf of, the ward or conservatee. (2) If the court determines, by clear and convincing evidence, that the defense, opposition, or other action described in paragraph (1) was made in good faith, was based upon the best interest of the ward or conservatee, and did not harm the ward or conservatee, the court may reduce the compensation awarded for the costs or fees incurred instead of denying it completely. The court shall state the reasons for its determination in writing or on the record. (Amended by Stats. 2021, Ch. 417, Sec. 23. (AB 1194) Effective January 1, 2022.)
  54. 2625.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    The court may review an unapproved guardian or conservator transaction at the next account and may hold the guardian or conservator liable for duty violations, but the transaction’s validity is not affected.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2625. Any sale or purchase of property or other transaction not previously authorized, approved, or confirmed by the court is subject to review by the court upon the next succeeding account of the guardian or conservator occurring after the transaction. Upon such account and review, the court may hold the guardian or conservator liable for any violation of duties in connection with the sale, purchase, or other transaction. Nothing in this section shall be construed to affect the validity of any sale or purchase or other transaction. (Enacted by Stats. 1990, Ch. 79.)
  55. 2626.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    If an account settlement shows the estate has been fully exhausted by court-approved spending, the court must end the proceeding and discharge the guardian or conservator unless it finds a reason to continue.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2626. If it appears upon the settlement of any account that the estate has been entirely exhausted through expenditures or disbursements which are approved by the court, the court, upon settlement of the account, shall order the proceeding terminated and the guardian or conservator forthwith discharged unless the court determines that there is reason to continue the proceeding. (Enacted by Stats. 1990, Ch. 79.)
  56. 2627.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    After the ward reaches majority, the ward may settle accounts with the guardian and give a release if it was obtained fairly and without undue influence. The guardian is not entitled to a discharge until one year after the ward reaches majority, unless this code provides otherwise.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2627. (a) After a ward has reached majority, the ward may settle accounts with the guardian and give the guardian a release which is valid if obtained fairly and without undue influence. (b) Except as otherwise provided by this code, a guardian is not entitled to a discharge until one year after the ward has attained majority. (Enacted by Stats. 1990, Ch. 79.)
  57. 2628.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    The court may excuse a guardian or conservator from presenting accounts if the estate and income stay below set limits and all income is used for the ward or conservatee’s benefit. The ward, conservatee, or another interested person can still ask the court to require an account.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Accounts [2620 - 2628] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2628. (a) The court may make an order that the guardian or conservator need not present the accounts otherwise required by this chapter so long as all of the following conditions are satisfied: (1) The estate at the beginning and end of the accounting period for which an account is otherwise required consisted of property, exclusive of the residence of the ward or conservatee, of a total net value of less than fifteen thousand dollars ($15,000). (2) The income of the estate for each month of the accounting period, exclusive of public benefit payments, was less than two thousand dollars ($2,000). (3) All income of the estate during the accounting period, if not retained, was spent for the benefit of the ward or conservatee. (b) Notwithstanding that the court has made an order under subdivision (a), the ward or conservatee or any interested person may petition the court for an order requiring the guardian or conservator to present an account as otherwise required by this chapter or the court on its own motion may make that an order. An order under this subdivision may be made ex parte or on such notice of hearing as the court in its discretion requires. (c) For any accounting period during which all of the conditions of subdivision (a) are not satisfied, the guardian or conservator shall present the account as otherwise required by this chapter. (Amended by Stats. 2007, Ch. 553, Sec. 23. Effective January 1, 2008.)
  58. 263.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    This section defines “creator of the interest” and lists who counts as that person for different kinds of interests.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 263. (a) “Creator of the interest” means a person who establishes, declares, creates, or otherwise brings into existence an interest. (b) “Creator of the interest” includes, but is not limited to, the following: (1) With respect to an interest created by intestate succession, the person dying intestate. (2) With respect to an interest created under a will, the testator. (3) With respect to an interest created under a trust, the settlor. (4) With respect to an interest created by succession to a disclaimed interest, the disclaimant of the disclaimed interest. (5) With respect to an interest created by virtue of an election to take against a will, the testator. (6) With respect to an interest created by creation of a power of appointment, the donor. (7) With respect to an interest created by exercise or nonexercise of a power of appointment, the donee. (8) With respect to an interest created by an inter vivos gift, the donor. (9) With respect to an interest created by surviving the death of a depositor of a Totten trust account or P.O.D. account, the deceased depositor. (10) With respect to an interest created under an insurance or annuity contract, the owner, the insured, or the annuitant. (11) With respect to an interest created by surviving the death of another joint tenant, the deceased joint tenant. (12) With respect to an interest created under an employee benefit plan, the employee or other owner of an interest in the plan. (13) With respect to an interest created under an individual retirement account, annuity, or bond, the owner. (Enacted by Stats. 1990, Ch. 79.)
  59. 2630.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Accounts on Termination of Relationship [2630 - 2633] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    When a guardianship or conservatorship ends, the court keeps jurisdiction to settle accounts and enforce its orders related to those accounts.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Accounts on Termination of Relationship [2630 - 2633] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2630. The termination of the relationship of guardian and ward or conservator and conservatee by the death of either, by the ward attaining majority, by the determination of the court that the guardianship or conservatorship is no longer necessary, by the removal or resignation of the guardian or conservator, or for any other reason, does not cause the court to lose jurisdiction of the proceeding for the purpose of settling the accounts of the guardian or conservator or for any other purpose incident to the enforcement of the judgments and orders of the court upon such accounts or upon the termination of the relationship. (Enacted by Stats. 1990, Ch. 79.)
  60. 2631.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Accounts on Termination of Relationship [2630 - 2633] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator may pay certain reasonable death- and estate-related expenses, petition the court to liquidate a small remaining estate, and then sell, withdraw, collect, or transfer remaining property if the court order is granted.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Accounts on Termination of Relationship [2630 - 2633] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2631. (a) Upon the death of the ward or conservatee, the guardian or conservator may contract for and pay a reasonable sum for the expenses of the last illness and the disposition of the remains of the deceased ward or conservatee, and for unpaid court-approved attorney’s fees, and may pay the unpaid expenses of the guardianship or conservatorship accruing before or after the death of the ward or conservatee, in full or in part, to the extent reasonable, from any personal property of the deceased ward or conservatee which is under the control of the guardian or conservator. (b) If after payment of expenses under subdivision (a), the total market value of the remaining estate of the decedent does not exceed the amount determined under Section 13100, the guardian or conservator may petition the court for an order permitting the guardian or conservator to liquidate the decedent’s estate. The guardian or conservator may petition even though there is a will of the decedent in existence if the will does not appoint an executor or if the named executor refuses to act. No notice of the petition need be given. If the order is granted, the guardian or conservator may sell personal property of the decedent, withdraw money of the decedent in an account in a financial institution, and collect a debt, claim, or insurance proceeds owed to the decedent or the decedent’s estate, and a person having possession or control shall pay or deliver the money or property to the guardian or conservator. (c) After payment of expenses, the guardian or conservator may transfer any remaining property as provided in Division 8 (commencing with Section 13000). For this purpose, the value of the property of the deceased ward or conservatee shall be determined after the deduction of the expenses so paid. (Amended by Stats. 1996, Ch. 563, Sec. 13. Effective January 1, 1997.)
  61. 2632.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Accounts on Termination of Relationship [2630 - 2633] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    A legal representative appointed after a guardian or conservator dies or becomes incapacitated must file an account within 60 days, unless the court extends the time.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Accounts on Termination of Relationship [2630 - 2633] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2632. (a) As used in this section: (1) “Incapacitated” means lack of capacity to serve as guardian or conservator. (2) “Legal representative” means the personal representative of a deceased guardian or conservator or the conservator of the estate of an incapacitated guardian or conservator. (b) If a guardian or conservator dies or becomes incapacitated and a legal representative is appointed for the deceased or incapacitated guardian or conservator, the legal representative shall, not later than 60 days after appointment unless the court extends the time, file an account of the administration of the deceased or incapacitated guardian or conservator. (c) If a guardian or conservator dies or becomes incapacitated and no legal representative is appointed for the deceased or incapacitated guardian or conservator, or if the guardian or conservator absconds, the court may compel the attorney for the deceased, incapacitated, or absconding guardian or conservator or the attorney of record in the guardianship or conservatorship proceeding to file an account of the administration of the deceased, incapacitated, or absconding guardian or conservator. (d) The legal representative or attorney shall exercise reasonable diligence in preparing an account under this section. Verification of the account may be made on information and belief. The court shall settle the account as in other cases. The court shall allow reasonable compensation to the legal representative or the attorney for preparing the account. The amount allowed shall be a charge against the estate that was being administered by the deceased, incapacitated, or absconding guardian or conservator. Legal services for which compensation shall be allowed to the attorney under this subdivision include those services rendered by any paralegal performing the services under the direction and supervision of an attorney. The petition or application for compensation shall set forth the hours spent and services performed by the paralegal. (Enacted by Stats. 1990, Ch. 79.)
  62. 2633.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Accounts on Termination of Relationship [2630 - 2633] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    If a guardianship or conservatorship ends before the inventory is filed, the court may excuse filing the inventory and appraisal, but the guardian or conservator must still file an account for the assets they possess or control.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Inventory and Accounts [2600 - 2633] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Accounts on Termination of Relationship [2630 - 2633] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2633. Subject to Section 2630, where the guardianship or conservatorship terminates before the inventory of the estate has been filed, the court, in its discretion and upon such notice as the court may require, may make an order that the guardian or conservator need not file the inventory and appraisal and that the guardian or conservator shall file an account covering only those assets of the estate of which the guardian or conservator has possession or control. (Enacted by Stats. 1990, Ch. 79.)
  63. 264.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    This section defines “disclaimant” as a beneficiary who makes a disclaimer for themself or someone who makes a disclaimer for a beneficiary.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 264. “Disclaimant” means a beneficiary who executes a disclaimer on his or her own behalf or a person who executes a disclaimer on behalf of a beneficiary. (Enacted by Stats. 1990, Ch. 79.)
  64. 2640.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

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    This section lets a guardian or conservator of the estate ask the court to approve compensation after the inventory and appraisal are filed, but generally not before 90 days after letters issue unless the court orders otherwise for good cause.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 2640. (a) At any time after the filing of the inventory and appraisal, but not before the expiration of 90 days from the issuance of letters or any other period of time as the court for good cause orders, the guardian or conservator of the estate may petition the court for an order fixing and allowing compensation to any one or more of the following: (1) The guardian or conservator of the estate for services in the best interest of the ward or conservatee rendered to that time. (2) The guardian or conservator of the person for services in the best interest of the ward or conservatee rendered to that time. (3) The attorney for services in the best interest of the ward or conservatee rendered to that time by the attorney to the guardian or conservator of the person or estate or both. (b) Notice of the hearing shall be given for the period and in the manner provided for in Chapter 3 (commencing with Section 1460) of Part 1. (c) Upon the hearing, the court shall make an order allowing (1) any compensation requested in the petition the court determines is just and reasonable to the guardian or conservator of the estate for services rendered or to the guardian or conservator of the person for services rendered, or to both, and (2) any compensation requested in the petition the court determines is reasonable to the attorney for services rendered to the guardian or conservator of the person or estate or both. The compensation allowed to the guardian or conservator of the person, the guardian or conservator of the estate, and to the attorney may, in the discretion of the court, include compensation for services rendered before the date of the order appointing the guardian or conservator. The compensation allowed shall be charged to the estate. Legal services for which the attorney may be compensated include those services rendered by any paralegal performing legal services under the direction and supervision of an attorney. The petition or application for compensation shall set forth the hours spent and services performed by the paralegal. (d) (1) Notwithstanding subdivision (c), the guardian or conservator shall not be compensated from the estate for any costs or fees that the guardian or conservator incurred in unsuccessfully defending their fee request petition, opposing a petition, or any other unsuccessful request or action made by, or behalf of, the ward or conservatee. (2) If the court determines, by clear and convincing evidence, that the defense, opposition, or other action described in paragraph (1) was made in good faith, was based upon the best interest of the ward or conservatee, and did not harm the ward or conservatee, the court may reduce the compensation awarded for the costs or fees incurred instead of denying it completely. The court shall state the reasons for its determination in writing or on the record. (e) Notwithstanding subdivision (c), the guardian, conservator, or attorney shall not be compensated with any government benefits program moneys unless deemed by the court as necessary to sustain the support and maintenance of the ward or conservatee, but in no event may this exceed the amount permitted by federal laws and regulations. (Amended by Stats. 2021, Ch. 417, Sec. 24. (AB 1194) Effective January 1, 2022.)
  65. 2640.1.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

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    A qualifying petitioner and that person’s attorney may ask the court to set and allow compensation and cost reimbursement, if the court finds the petition was filed in the conservatee’s best interests.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 2640.1. (a) If a person has petitioned for the appointment of a particular conservator and another conservator was appointed while the petition was pending, but not before the expiration of 90 days from the issuance of letters, the person who petitioned for the appointment of a conservator but was not appointed and that person’s attorney may petition the court for an order fixing and allowing compensation and reimbursement of costs, provided that the court determines that the petition was filed in the best interests of the conservatee. (b) Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (c) Upon the hearing, the court shall make an order to allow both of the following: (1) Any compensation or costs requested in the petition the court determines is just and reasonable to the person who petitioned for the appointment of a conservator but was not appointed, for his or her services rendered in connection with and to facilitate the appointment of a conservator, and costs incurred in connection therewith. (2) Any compensation or costs requested in the petition the court determines is just and reasonable to the attorney for that person, for his or her services rendered in connection with and to facilitate the appointment of a conservator, and costs incurred in connection therewith. Any compensation and costs allowed shall be charged to the estate of the conservatee. If a conservator of the estate is not appointed, but a conservator of the person is appointed, the compensation and costs allowed shall be ordered by the court to be paid from property belonging to the conservatee, whether held outright, in trust, or otherwise. (d) It is the intent of the Legislature for this section to have retroactive effect. (Amended by Stats. 2006, Ch. 493, Sec. 28. Effective January 1, 2007.)
  66. 2641.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator of the person may ask the court to fix and allow compensation, and the court must allow only compensation it finds just and reasonable. Certain costs from unsuccessful fee requests or other unsuccessful actions cannot be paid from the estate, and government benefits money may be used only if the court deems it necessary and within federal limits.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 2641. (a) At any time permitted by Section 2640 and upon the notice therein prescribed, the guardian or conservator of the person may petition the court for an order fixing and allowing compensation for services in the best interest of the ward or conservatee rendered to that time. (b) Upon the hearing, the court shall make an order allowing any compensation the court determines is just and reasonable to the guardian or conservator of the person for services rendered in the best interest of the ward or conservatee. The compensation allowed to the guardian or conservator of the person may, in the discretion of the court, include compensation for services rendered before the date of the order appointing the guardian or conservator. The compensation allowed shall thereupon be charged against the estate. (c) (1) Notwithstanding subdivision (b), the guardian or conservator shall not be compensated from the estate for any costs or fees that the guardian or conservator incurred in unsuccessfully defending their fee request petition, opposing a petition, or any other unsuccessful request or action made by, or behalf of, the ward or conservatee. (2) If the court determines, by clear and convincing evidence, that the defense, opposition, or other action described in paragraph (1) was made in good faith, was based upon the best interest of the ward or conservatee, and did not harm the ward or conservatee, the court may reduce the compensation awarded for the costs or fees incurred instead of denying it completely. The court shall state the reasons for its determination in writing or on the record. (d) Notwithstanding subdivision (b), the guardian or conservator of the person shall not be compensated with any government benefits program moneys unless deemed by the court as necessary to sustain the support and maintenance of the ward or conservatee, but in no event may this exceed the amount permitted by federal laws and regulations. (Amended by Stats. 2021, Ch. 417, Sec. 25. (AB 1194) Effective January 1, 2022.)
  67. 2642.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

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    An attorney who provided services to a guardian or conservator may ask the court to set compensation, and the court must make a reasonable compensation order after hearing.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 2642. (a) At any time permitted by Section 2640 and upon the notice therein prescribed, an attorney who has rendered legal services to the guardian or conservator of the person or estate or both, including services rendered under Section 2632, may petition the court for an order fixing and allowing compensation for such services rendered to that time. Legal services for which the attorney may petition the court for an order fixing and allowing compensation under this subdivision include those services rendered by any paralegal performing the legal services under the direction and supervision of an attorney. The petition or application for compensation shall set forth the hours spent and services performed by the paralegal. (b) Upon the hearing, the court shall make an order allowing such compensation as the court determines reasonable to the attorney for services rendered to the guardian or conservator. The compensation so allowed shall thereupon be charged against the estate. (Enacted by Stats. 1990, Ch. 79.)
  68. 2643.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

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    The court may authorize periodic payments on account after a petition, but only with the stated notice and service-description requirements.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 2643. (a) Except as provided in Section 2643.1, on petition by the guardian or conservator of the person or estate, or both, the court may by order authorize periodic payments on account to any one or more of the following persons for the services rendered by that person during the period covered by each payment: (1) The guardian of the person. (2) The guardian of the estate. (3) The conservator of the person. (4) The conservator of the estate. (5) The attorney for the guardian or conservator of the person or estate, or both. (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. (c) The petition shall describe the services to be rendered on a periodic basis and the reason why authority to make periodic payments is requested. In fixing the amount of the periodic payment, the court shall take into account the services to be rendered on a periodic basis and the reasonable value of those services. The guardian or conservator of the estate may make the periodic payments authorized by the order only if the services described in the petition are actually rendered. The payments made pursuant to the order are subject to review by the court upon the next succeeding account of the guardian or conservator of the estate to determine that the services were actually rendered and that the amount paid on account was not unreasonable, and the court shall make an appropriate order if the court determines that the amount paid on account was either excessive or inadequate in view of the services actually rendered. (Amended by Stats. 2013, Ch. 248, Sec. 6. (AB 1339) Effective January 1, 2014.)
  69. 2643.1.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

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    The court may authorize periodic payments to certain professional fiduciaries, but only after required filings, objections handling, and a best-interest determination.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 2643.1. (a) On petition by a guardian or conservator of the person or estate, or both, who is a professional fiduciary, as described in Section 2340 and who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the court may by order authorize periodic payments on account to a person described in subdivision (a) of Section 2643 for the services rendered by that person during the period covered by each payment only if that person has filed a proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the ward or conservatee for services performed as a guardian or conservator, as required by Section 2614.7, and only after the court has addressed any objections filed pursuant to subdivision (d). (b) The petition shall describe the services to be rendered on a periodic basis, the reason why authority to make periodic payments is requested, and a good faith estimate of the fees to be charged by the professional fiduciary from the date the petition is filed up to, and including, the date of the next succeeding account required by Section 2620 or, if the next succeeding account required by Section 2620 is due in less than one year, a good faith estimate of the fees to be charged by the professional fiduciary from the date the petition is filed through the next succeeding 12 months, inclusive. Prior to ordering periodic payments or fixing the amount of the periodic payment, the court shall determine whether making periodic payments is in the best interest of the ward or conservatee, taking into consideration the needs of the ward or conservatee and the need to preserve and protect the estate. If the court determines that making periodic payments is not in the best interest of the ward or conservatee, the court shall deny the petition to authorize periodic payments. If the court determines that making periodic payments is in the best interest of the ward or conservatee, the court shall fix the amount of the periodic payment. In fixing the amount of the periodic payment, the court shall take into account the services to be rendered on a periodic basis and the reasonable value of those services. (c) (1) Notice of the hearing on the petition and notice of how to file an objection to the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (2) The notices required by paragraph (1) shall be made to the court investigator for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (d) (1) Any person entitled to notice under paragraph (1) of subdivision (c) may file with the court a written objection to the authorization of periodic payments on account. The court clerk shall set any objections for a hearing no fewer than 15 days after the date the objections are filed. (2) If an objection is filed pursuant to paragraph (1), the guardian or conservator shall have the burden of establishing the necessity for and amount, if any, of periodic payments. (e) The guardian or conservator of the estate may make the periodic payments authorized by the order only if the services described in the petition are actually rendered. The payments made pursuant to the order shall be reviewed by the court upon the next succeeding account of the guardian or conservator of the estate to determine that the services were actually rendered and that the amount paid on account was reasonable and in the best interest of the ward or conservatee, taking into consideration the needs of the ward or conservatee and the need to preserve and protect the estate. The court shall make an appropriate order reducing the guardian or conservator’s compensation if the court determines that the amount paid on account was either unreasonable or not in the best interest of the ward or conservatee in view of the services actually rendered. (f) The authorization for periodic payments granted pursuant to this section shall terminate on a date determined by the court, but not later than the due date of the next succeeding account required by Section 2620. Nothing in this section shall preclude a guardian or conservator from filing a subsequent petition to receive periodic payments pursuant to this section. (Added by Stats. 2013, Ch. 248, Sec. 7. (AB 1339) Effective January 1, 2014.)
  70. 2644.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator of the estate may hire an attorney on a contingent fee only if the arrangement benefits the ward, conservatee, or estate and the court authorizes or approves it.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 2644. (a) Where it is to the advantage, benefit, and best interest of the ward or conservatee or the estate, the guardian or conservator of the estate may contract with an attorney for a contingent fee for the attorney’s services in representing the ward or conservatee or the estate in connection with a matter that is of a type that is customarily the subject of a contingent fee contract, but such a contract is valid only if (1) the contract is made pursuant to an order of the court authorizing the guardian or conservator to execute the contract or (2) the contract is approved by order of the court. (b) To obtain an order under this section, the guardian or conservator shall file a petition with the court showing the advantage, benefit, and best interest to the ward or conservatee or the estate of the contingent fee contract. A copy of the contingent fee contract shall be attached to the petition. (c) 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. (d) As used in this section, “court” includes either of the following: (1) The court in which the guardianship or conservatorship proceeding is pending. (2) Where the contract is in connection with a matter in litigation, the court in which the litigation is pending. (Enacted by Stats. 1990, Ch. 79.)
  71. 2645.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

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    Some guardians, conservators, and their close relatives or related firms cannot be paid for legal services from the estate unless the court specifically approves it.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 2645. (a) No attorney who is a guardian or conservator shall receive any compensation from the guardianship or conservatorship estate for legal services performed for the guardian or conservator unless the court specifically approves the right to the compensation and finds that it is to the advantage, benefit, and best interests of the ward or conservatee. (b) No parent, child, sibling, or spouse of a person who is a guardian or conservator, and no law partnership or corporation whose partner, shareholder, or employee is serving as a guardian or conservator shall receive any compensation for legal services performed for the guardian or conservator unless the court specifically approves the right to the compensation and finds that it is to the advantage, benefit, and best interests of the ward or conservatee. (c) This section shall not apply if the guardian or conservator is related by blood or marriage to, or is a cohabitant with, the ward or conservatee. (d) After full disclosure of the relationships of all persons to receive compensation for legal services under this section, the court may, in its discretion and at any time, approve the right to that compensation, including any time during the pendency of any of the following orders: (1) An order appointing the guardian or conservator. (2) An order approving the general plan under Section 1831. (3) An order settling any account of the guardian or conservator. (4) An order approving a separate petition, with notice given under Section 2581. (Added by Stats. 1993, Ch. 293, Sec. 4. Effective January 1, 1994.)
  72. 2646.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

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    In proceedings under this chapter, the court may determine only fees payable from the ward’s or conservatee’s estate, and may not limit fees payable from other sources.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 2646. In proceedings under this chapter, the court shall only determine fees that are payable from the estate of the ward or conservatee and not limit fees payable from other sources. (Added by Stats. 1995, Ch. 730, Sec. 6. Effective January 1, 1996.)
  73. 2647.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

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    Attorney fees cannot be paid from the ward’s or conservatee’s estate without a prior court order.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Compensation of Guardian, Conservator, and Attorney [2640 - 2647] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 2647. No attorney fees may be paid from the estate of the ward or conservatee without prior court order. The estate of the ward or conservatee is not obligated to pay attorney fees established by any engagement agreement or other contract until it has been approved by the court. This does not preclude an award of fees by the court pursuant to this chapter even if the contractual obligations are unenforceable pursuant to this section. (Added by Stats. 2007, Ch. 553, Sec. 24. Effective January 1, 2008.)
  74. 265.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    “Disclaimer” means a writing that refuses, renounces, or disclaims an interest a beneficiary would otherwise receive.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 265. “Disclaimer” means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary. (Enacted by Stats. 1990, Ch. 79.)
  75. 2650.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A guardian or conservator may be removed if specified misconduct, incapacity, conflict, or other listed circumstances exist.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2650. A guardian or conservator may be removed for any of the following causes: (a) Failure to use ordinary care and diligence in the management of the estate. (b) Failure to file an inventory or an account within the time allowed by law or by court order. (c) Continued failure to perform duties or incapacity to perform duties suitably. (d) Conviction of a felony, whether before or after appointment as guardian or conservator. (e) Gross immorality. (f) Having such an interest adverse to the faithful performance of duties that there is an unreasonable risk that the guardian or conservator will fail faithfully to perform duties. (g) In the case of a guardian of the person or a conservator of the person, acting in violation of any provision of Section 2356. (h) In the case of a guardian of the estate or a conservator of the estate, insolvency or bankruptcy of the guardian or conservator. (i) In the case of a conservator appointed by a court in another jurisdiction, removal because that person would not have been appointed in this state despite being eligible to serve under the law of this state. (j) In any other case in which the court in its discretion determines that removal is in the best interests of the ward or conservatee; but, in considering the best interests of the ward, if the guardian was nominated under Section 1500 or 1501, the court shall take that fact into consideration. (Amended by Stats. 2014, Ch. 553, Sec. 26. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
  76. 2651.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    Certain people may petition the court to remove a guardian or conservator, and the petition must state facts showing cause for removal.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2651. The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any interested person may apply by petition to the court to have the guardian or conservator removed. The petition shall state facts showing cause for removal. (Amended by Stats. 2001, Ch. 893, Sec. 41. Effective January 1, 2002.)
  77. 2652.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Notice of the hearing on the petition must be given according to the period and manner set out in Chapter 3 (starting with Section 1460) of Part 1.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2652. 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. (Enacted by Stats. 1990, Ch. 79.)
  78. 2653.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Certain people may attend the removal hearing and support or oppose the petition. If the court finds cause, it may remove the guardian or conservator and order related accounting, surrender of the estate, costs, reporting, and confidentiality rules.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2653. (a) The guardian or conservator, the ward or conservatee, the spouse of the ward or the spouse or registered domestic partner of the conservatee, a relative or friend of the ward or conservatee, and any interested person may appear at the hearing and support or oppose the petition. (b) If the court determines that cause for removal of the guardian or conservator exists, the court may remove the guardian or conservator, revoke the letters of guardianship or conservatorship, and enter judgment accordingly and, in the case of a guardianship or conservatorship of the estate, order the guardian or conservator to file an accounting and to surrender the estate to the person legally entitled thereto. If the guardian or conservator fails to file the accounting as ordered, the court may compel the accounting pursuant to Section 2620.2. (c) If the court removes the guardian or conservator for cause, as described in subdivisions (a) to (g), inclusive, of Section 2650 or Section 2655, all of the following shall apply: (1) The court shall award the petitioner the costs of the petition and other expenses and costs of litigation, including attorney’s fees, incurred under this article. (2) The guardian or conservator may not deduct from, or charge to, the estate the guardian’s or conservator’s costs of opposing the petition for removal, and is personally liable for those costs and expenses. (3) If the court removes a professional fiduciary as guardian or conservator for cause, the court shall report that determination and the basis for removal to the Professional Fiduciaries Bureau. If the court reports an action taken under this section, the court shall provide the bureau, at no charge, with access to the information, including confidential information, regarding its investigation of the professional fiduciary contained in court records. The bureau shall maintain the confidentiality of the information, as required by paragraph (4) of subdivision (a) of Section 6580 of the Business and Professions Code or any other applicable state or federal law. (d) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by the measure that added this subdivision until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2021, Ch. 417, Sec. 26. (AB 1194) Effective January 1, 2022.)
  79. 2654.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    If the court thinks a ward, conservatee, or estate may suffer loss or injury before notice and hearing, it may suspend a guardian or conservator’s powers or order the estate surrendered to a court-designated custodian.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2654. Whenever it appears that the ward or conservatee or the estate may suffer loss or injury during the time required for notice and hearing under this article, the court, on its own motion or on petition, may do either or both of the following: (a) Suspend the powers of the guardian or conservator pending notice and hearing to such extent as the court deems necessary. (b) Compel the guardian or conservator to surrender the estate to a custodian designated by the court. (Enacted by Stats. 1990, Ch. 79.)
  80. 2655.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court may remove a guardian or conservator from office if the person is found in contempt for disobeying a court order.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Removal of Guardian or Conservator [2650 - 2655] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2655. (a) A guardian or conservator may be removed from office if the guardian or conservator is found in contempt for disobeying an order of the court. (b) Notwithstanding any other provision of this article, a guardian or conservator may be removed from office under subdivision (a) by a court order reciting the facts and without further showing or notice. (Enacted by Stats. 1990, Ch. 79.)
  81. 266.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “employee benefit plan” to include pension, retirement, death benefit, stock bonus, and profit-sharing plans, systems, or trusts.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 266. “Employee benefit plan” includes, but is not limited to, any pension, retirement, death benefit, stock bonus, or profit-sharing plan, system, or trust. (Enacted by Stats. 1990, Ch. 79.)
  82. 2660.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Resignation of Guardian or Conservator [2660 - 2662] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A guardian or conservator may file a petition to resign at any time, and the court must allow the resignation when it appears proper.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Resignation of Guardian or Conservator [2660 - 2662] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2660. A guardian or conservator may at any time file with the court a petition tendering the resignation of the guardian or conservator. 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. The court shall allow such resignation when it appears proper, to take effect at such time as the court shall fix, and may make any order as may be necessary to deal with the guardianship or conservatorship during the period prior to the appointment of a new guardian or conservator and the settlement of the accounts of the resigning guardian or conservator. (Enacted by Stats. 1990, Ch. 79.)
  83. 2662.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Resignation of Guardian or Conservator [2660 - 2662] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    When a court removes or suspends a guardian or conservator’s educational decision-making authority, it must appoint a responsible adult to make those decisions for the minor unless a successor guardian or conservator is appointed right away.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Removal or Resignation [2650 - 2662] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Resignation of Guardian or Conservator [2660 - 2662] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2662. Whenever the court grants a petition removing the guardian or conservator of a minor ward or conservatee or tendering the resignation of the guardian or conservator of a minor ward or conservatee, if the court does not immediately appoint a successor guardian or conservator, the court shall at the same time appoint a responsible adult to make educational decisions for the minor until a successor guardian or conservator is appointed. Whenever the court suspends or limits the powers of the guardian or conservator to make educational decisions for a minor ward or conservatee, the court shall at the same time appoint a responsible adult to make educational decisions for the minor ward or conservatee until the guardian or conservator is again authorized to make educational decisions for the minor ward or conservatee. An individual who would have a conflict of interest in representing the child may not be appointed to make educational decisions. For purposes of this section, “an individual who would have a conflict of interest,” means a person having any interests that might restrict or bias his or her ability to make educational decisions, including, but not limited to, those conflicts of interest prohibited by Section 1126 of the Government Code, and the receipt of compensation or attorneys’ fees for the provision of services pursuant to this section. A foster parent may not be deemed to have a conflict of interest solely because he or she receives compensation for the provision of services pursuant to this section. (Added by Stats. 2002, Ch. 180, Sec. 1. Effective January 1, 2003.)
  84. 267.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    This section defines “Interest” broadly to include property interests, related rights and powers, and many kinds of interests created by wills, trusts, succession, gifts, accounts, contracts, beneficiary designations, and operation of law.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [260 - 267] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 267. (a) “Interest” includes the whole of any property, real or personal, legal or equitable, or any fractional part, share, or particular portion or specific assets thereof, or any estate in any such property, or any power to appoint, consume, apply, or expend property, or any other right, power, privilege, or immunity relating to property. (b) “Interest” includes, but is not limited to, an interest created in any of the following manners: (1) By intestate succession. (2) Under a will. (3) Under a trust. (4) By succession to a disclaimed interest. (5) By virtue of an election to take against a will. (6) By creation of a power of appointment. (7) By exercise or nonexercise of a power of appointment. (8) By an inter vivos gift, whether outright or in trust. (9) By surviving the death of a depositor of a Totten trust account or P.O.D. account. (10) Under an insurance or annuity contract. (11) By surviving the death of another joint tenant. (12) Under an employee benefit plan. (13) Under an individual retirement account, annuity, or bond. (14) Under a transfer on death beneficiary designation in a deed or other instrument. (15) Any other interest created by a testamentary or inter vivos instrument or by operation of law. (Amended by Stats. 2015, Ch. 293, Sec. 5. (AB 139) Effective January 1, 2016.)
  85. 2670.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Appointment of Successor Guardian [2670- 2670.] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    If a guardian’s office becomes vacant, the court may appoint a successor guardian after notice and hearing.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Appointment of Successor Guardian [2670- 2670.] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2670. When for any reason a vacancy occurs in the office of guardian, the court may appoint a successor guardian, after notice and hearing as in the case of an original appointment of a guardian. (Enacted by Stats. 1990, Ch. 79.)
  86. 2680.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    If a conservator’s office becomes vacant, the court may appoint a successor conservator.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2680. When for any reason a vacancy occurs in the office of conservator, the court may appoint a successor conservator in the manner provided in this article. (Enacted by Stats. 1990, Ch. 79.)
  87. 2681.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    Several listed people and entities may file a petition to appoint a successor conservator.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2681. A petition for appointment of a successor conservator may be filed by any of the following: (a) The conservatee. (b) The spouse or domestic partner of the conservatee. (c) A relative of the conservatee. (d) 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. (e) Any other interested person or friend of the conservatee. (Amended by Stats. 2001, Ch. 893, Sec. 43. Effective January 1, 2002.)
  88. 2682.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A petition for appointment of a successor conservator must include specific identifying and status information.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2682. (a) The petition shall request that a successor conservator be appointed for the person or estate, or both, and shall specify the name and address of the proposed successor conservator and the name and address of the conservatee. (b) The petition shall set forth, so far as they are known to the petitioner, the names and addresses of the spouse or domestic partner and of the relatives of the conservatee within the second degree. (c) If the petition is filed by one other than the conservatee, the petition shall state whether or not the petitioner is a creditor or debtor of the conservatee. (d) If the conservatee is a patient in or on leave of absence from a state institution under the jurisdiction of the State Department of State Hospitals 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 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 conservatee. (f) The petition shall state whether or not the conservatee will be present at the hearing. (Amended by Stats. 2012, Ch. 440, Sec. 48. (AB 1488) Effective September 22, 2012.)
  89. 2683.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    Before the hearing on a petition to appoint a successor conservator, notice must be given at least 15 days in advance and must include a copy of the petition.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2683. (a) At least 15 days before the hearing on the petition for appointment of a successor 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. (b) Notice shall be delivered pursuant to Section 1215 to the persons designated in Section 1460 and to the relatives named in the petition. (c) If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required. (d) If notice is required by Section 1461.5 to be given to the Veterans Administration, notice shall be delivered pursuant to Section 1215 as required. (Amended by Stats. 2017, Ch. 319, Sec. 50. (AB 976) Effective January 1, 2018.)
  90. 2684.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Unless the petition says the conservatee will be present, the court investigator must interview and inform the conservatee, check the conservatee’s wishes about the proposed successor conservator and legal counsel, and report and deliver copies at least five days before the hearing.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2684. Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following: (a) Interview the conservatee personally. (b) Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the person proposed as successor conservator, and the conservatee’s right to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, 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) Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed. (d) If the conservatee is not represented by legal counsel, determine whether the conservatee wishes to be represented by legal counsel and, if so, determine the name of an attorney the conservatee wishes to retain or whether the conservatee desires the court to appoint legal counsel. (e) Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee in any case where the conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court. (f) Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatee’s express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed. (g) Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in subdivision (f) to all of the following: (1) The attorney, if any, for the petitioner. (2) The attorney, if any, for the conservatee. (3) Any other persons as the court orders. (Amended by Stats. 2017, Ch. 319, Sec. 51. (AB 976) Effective January 1, 2018.)
  91. 2685.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If the conservatee is present, the court must explain the hearing, tell the conservatee about listed rights, and consult the conservatee before appointing a successor conservator.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2685. If the conservatee is present at the hearing, prior to making an order appointing a successor conservator the court shall do all of the following: (a) Inform the conservatee of the nature and purpose of the proceeding. (b) Inform the conservatee that the conservatee has the right to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, and, if not represented by legal counsel, 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 so informs the conservatee, the court shall consult the conservatee to determine the conservatee’s opinion concerning the question of who should be appointed as successor conservator. (Enacted by Stats. 1990, Ch. 79.)
  92. 2686.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If the petition says the conservatee will be present but does not appear, the court must continue the hearing and direct the court investigator to perform duties under Section 2684.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2686. If the petition states that the conservatee will be present at the hearing and the conservatee fails to appear at the hearing, the court shall continue the hearing and direct the court investigator to perform the duties set forth in Section 2684. (Enacted by Stats. 1990, Ch. 79.)
  93. 2687.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Certain listed people may appear at the hearing to support or oppose the petition.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2687. The conservatee, the spouse, the domestic partner, or any relative or friend of the conservatee, or any other interested person may appear at the hearing to support or oppose the petition. (Amended by Stats. 2001, Ch. 893, Sec. 45. Effective January 1, 2002.)
  94. 2688.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court must decide who should be appointed as successor conservator and the appointing order must list specified contact information.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2688. (a) The court shall determine the question of who should be appointed as successor conservator according to the provisions of Article 2 (commencing with Section 1810) of Chapter 1 of Part 3. (b) The order appointing the successor conservator shall contain, among other things, the names, addresses and telephone numbers of the successor conservator, the conservatee’s attorney, if any, and the court investigator, if any. (Enacted by Stats. 1990, Ch. 79.)
  95. 2689.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If the conservatee is an absentee, the petition and hearing notice must meet extra section requirements, but the conservatee does not need to receive notice and the court investigator interview/report is not required.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9.5. Appointment of Successor Guardian or Conservator [2670 - 2689] ( Chapter 9.5 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Successor Conservator [2680 - 2689] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2689. If the conservatee is an “absentee” as defined in Section 1403: (a) The petition for appointment of a successor conservator shall contain the matters required by Section 1841 in addition to the matters required by Section 2682. (b) Notice of the hearing shall be given as provided by Section 1842 in addition to the requirements of Section 2683, except that notice need not be given to the conservatee. (c) An interview and report by the court investigator is not required. (Enacted by Stats. 1990, Ch. 79.)
  96. 2700.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 10. Requests for Special Notice [2700 - 2702] ( Chapter 10 enacted by Stats. 1990, Ch. 79. )

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    Certain interested persons may file a written request for special notice with the court clerk after letters of guardianship or conservatorship issue.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 10. Requests for Special Notice [2700 - 2702] ( Chapter 10 enacted by Stats. 1990, Ch. 79. ) ## 2700. (a) (1) At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or creditor of the ward or conservatee, or any other interested person, in person or by attorney, may file with the court clerk a written request for special notice. (2) An “interested person” may include, but is not limited to, a family member of the conservatee not included in Section 1460 or a friend of the conservatee. (b) The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215. (c) Special notice may be requested of any one or more of the following matters: (1) Petitions filed in the guardianship or conservatorship proceeding. (2) Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals. (3) Accounts of the guardian or conservator. (4) Proceedings for the final termination of the guardianship or conservatorship proceeding. (d) Special notice may be requested of: (1) Any one or more of the matters in subdivision (c) by describing the matter or matters. (2) All the matters in subdivision (c) by referring generally to “the matters described in subdivision (c) of Section 2700 of the Probate Code” or by using words of similar meaning. (e) A copy of the request shall be delivered pursuant to Section 1215 to the guardian or conservator or to the attorney for the guardian or conservator. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received. (f) If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service. (Amended by Stats. 2024, Ch. 455, Sec. 4. (SB 1106) Effective January 1, 2025.)
  97. 2701.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 10. Requests for Special Notice [2700 - 2702] ( Chapter 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A request for special notice may be modified or withdrawn using the same process as the initial request, and a new request may be served and filed at any time as an initial request may be.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 10. Requests for Special Notice [2700 - 2702] ( Chapter 10 enacted by Stats. 1990, Ch. 79. ) ## 2701. (a) A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request. (b) A new request for special notice may be served and filed at any time as provided in the case of an initial request. (Amended by Stats. 2006, Ch. 493, Sec. 31. Effective January 1, 2007.)
  98. 2702.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 10. Requests for Special Notice [2700 - 2702] ( Chapter 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If special notice is requested, the filer must give written notice of the filing and hearing details at least 15 days before the hearing, unless the court dispenses with notice.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 10. Requests for Special Notice [2700 - 2702] ( Chapter 10 enacted by Stats. 1990, Ch. 79. ) ## 2702. (a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other paper shall give written notice pursuant to Section 1215 of the filing, together with a copy of the petition, account, or other paper, and the time and place set for the hearing, to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing. (b) If a request has been made pursuant to this chapter for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court. (Amended by Stats. 2017, Ch. 319, Sec. 53. (AB 976) Effective January 1, 2018.)
  99. 275.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A beneficiary may disclaim all or part of an interest by filing a disclaimer under this part.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 275. A beneficiary may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this part. (Enacted by Stats. 1990, Ch. 79.)
  100. 276.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A conservator of a conservatee’s estate must make the disclaimer, but only under a court order authorizing or requiring that action.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 276. A disclaimer on behalf of a conservatee shall be made by the conservator of the estate of the conservatee pursuant to a court order obtained under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4 authorizing or requiring the conservator to execute and file the disclaimer. (Enacted by Stats. 1990, Ch. 79.)
  101. 277.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    This section says who may make a disclaimer for a minor or decedent, and it requires a court order for effectiveness in most cases.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 277. (a) A disclaimer on behalf of a minor shall be made by the guardian of the estate of the minor if one has been appointed or, if none has been appointed, by a guardian ad litem of the minor. A disclaimer by a guardian is not effective unless made pursuant to a court order obtained under this section. (b) A disclaimer on behalf of a decedent shall be made by the personal representative of the decedent. Except as provided in Part 6 (commencing with Section 10400) of Division 7, a disclaimer by a guardian or personal representative is not effective unless made pursuant to a court order obtained under this section. (c) A petition for an order authorizing or requiring a guardian or personal representative to execute and file a disclaimer shall be filed in the superior court in the county in which the estate of the minor or decedent is administered or, if there is no administration, the superior court in any county in which administration would be proper. The petition may be filed by the guardian, personal representative, or other interested person. (d) The petition shall: (1) Identify the creator of the interest. (2) Describe the interest to be disclaimed. (3) State the extent of the disclaimer. (4) Identify the person or persons the petitioner believes would take the interest in the event of the disclaimer. (e) Notice of the hearing on the petition shall be given as follows: (1) If the petition is for an order authorizing or requiring the guardian of the estate of a minor to execute and file the disclaimer, 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 of Division 4 to all of the persons required to be given notice under that chapter. (2) If the petition is for an order authorizing or requiring the personal representative of a decedent to execute and file the disclaimer, notice of the hearing on the petition shall be given as provided in Section 1220. (3) If the petition is for an order authorizing or requiring a guardian ad litem of a minor to execute and file the disclaimer, notice of the hearing on the petition shall be given to the persons and in the manner that the court shall by order direct. (f) After hearing, the court in its discretion may make an order authorizing or requiring the guardian or personal representative to execute and file the disclaimer if the court determines, taking into consideration all of the relevant circumstances, that the minor or decedent as a prudent person would disclaim the interest if he or she had the capacity to do so. (Enacted by Stats. 1990, Ch. 79.)
  102. 278.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A disclaimer must be in writing and signed by the disclaimant, and it must identify the creator of the interest, describe the interest, and state the disclaimer and its extent.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 278. The disclaimer shall be in writing, shall be signed by the disclaimant, and shall: (a) Identify the creator of the interest. (b) Describe the interest to be disclaimed. (c) State the disclaimer and the extent of the disclaimer. (Enacted by Stats. 1990, Ch. 79.)
  103. 279.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A disclaimer is effective only if filed within a reasonable time after the person learns of the interest, with several nine-month safe-harbor rules for listed types of interests.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 279. (a) A disclaimer to be effective shall be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest. (b) In the case of any of the following interests, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after the death of the creator of the interest or within nine months after the interest becomes indefeasibly vested, whichever occurs later: (1) An interest created under a will. (2) An interest created by intestate succession. (3) An interest created pursuant to the exercise or nonexercise of a testamentary power of appointment. (4) An interest created by surviving the death of a depositor of a Totten trust account or P.O.D. account. (5) An interest created under a life insurance or annuity contract. (6) An interest created by surviving the death of another joint tenant. (7) An interest created under an employee benefit plan. (8) An interest created under an individual retirement account, annuity, or bond. (9) An interest created under a transfer on death beneficiary designation in a deed or other instrument. (c) In the case of an interest created by a living trust, an interest created by the exercise of a presently exercisable power of appointment, an outright inter vivos gift, a power of appointment, or an interest created or increased by succession to a disclaimed interest, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after whichever of the following times occurs latest: (1) The time of the creation of the trust, the exercise of the power of appointment, the making of the gift, the creation of the power of appointment, or the disclaimer of the disclaimed property. (2) The time the first knowledge of the interest is acquired by the person able to disclaim. (3) The time the interest becomes indefeasibly vested. (d) In case of an interest not described in subdivision (b) or (c), a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after whichever of the following times occurs later: (1) The time the first knowledge of the interest is acquired by the person able to disclaim. (2) The time the interest becomes indefeasibly vested. (e) In the case of a future estate, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within whichever of the following times occurs later: (1) Nine months after the time the interest becomes an estate in possession. (2) The time specified in subdivision (b), (c), or (d), whichever is applicable. (f) If the disclaimer is not filed within the time provided in subdivision (b), (c), (d), or (e), the disclaimant has the burden of establishing that the disclaimer was filed within a reasonable time after the disclaimant acquired knowledge of the interest. (Amended by Stats. 2015, Ch. 293, Sec. 6. (AB 139) Effective January 1, 2016.)
  104. 28.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “community property” for Probate Code purposes.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 28. “Community property” means: (a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state. (b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person while domiciled elsewhere, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time of its acquisition. (c) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person in exchange for real or personal property, wherever situated, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time the property so exchanged was acquired. (Enacted by Stats. 1990, Ch. 79.)
  105. 280.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A disclaimer must be filed with one of the listed recipients, and some real-property disclaimers may also be recorded.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 280. (a) A disclaimer shall be filed with any of the following: (1) The superior court in the county in which the estate of the decedent is administered or, if there is no administration of the decedent’s estate, the superior court in any county in which administration of the estate of the decedent would be proper. (2) The trustee, personal representative, other fiduciary, or person responsible for distributing the interest to the beneficiary. (3) Any other person having custody or possession of or legal title to the interest. (4) The creator of the interest. (b) If a disclaimer made pursuant to this part affects real property or an obligation secured by real property and the disclaimer is acknowledged and proved in like manner as a grant of real property, the disclaimer may be recorded in like manner and with like effect as a grant of real property, and all statutory provisions relating to the recordation or nonrecordation of conveyances of real property and to the effect thereof apply to the disclaimer with like effect, without regard to the date when the disclaimer was filed pursuant to subdivision (a). Failure to file a disclaimer pursuant to subdivision (a) which is recorded pursuant to this subdivision does not affect the validity of any transaction with respect to the real property or the obligation secured thereby, and the general laws on recording and its effect govern any such transaction. (Enacted by Stats. 1990, Ch. 79.)
  106. 2800.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “foreign guardian or conservator” for this chapter.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 2800. As used in this chapter, “foreign guardian or conservator” means a guardian, conservator, committee, or comparable fiduciary in another jurisdiction. (Enacted by Stats. 1990, Ch. 79.)
  107. 2801.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may order some or all estate personal property transferred to a foreign guardian or conservator outside the state, subject to this chapter’s limits and requirements.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 2801. Subject to the limitations and requirements of this chapter, the court in which the guardianship of the estate or conservatorship of the estate is pending may order the transfer of some or all of the personal property of the estate to a foreign guardian or conservator in another jurisdiction outside this state where the ward or conservatee resides at the time the petition for the order authorizing the transfer is filed. (Enacted by Stats. 1990, Ch. 79.)
  108. 2802.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Certain people may file a petition for an order authorizing a transfer.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 2802. A petition for an order authorizing a transfer may be filed by any of the following: (a) The guardian of the estate or the conservator of the estate. (b) The ward or conservatee. (c) A foreign guardian or conservator. (Enacted by Stats. 1990, Ch. 79.)
  109. 2803.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A petition for transfer of personal property out of state must include specified information about the foreign guardian or conservator, the ward or conservatee, relatives, the property, the transfer, and related court matters.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 2803. The petition shall set forth all of the following: (a) The name and address of: (1) The foreign guardian or conservator, who may but need not be the guardian or conservator appointed in this state. (2) The ward or conservatee. (3) The guardian or conservator, so far as is known to the petitioner. (b) The names, ages, and addresses, so far as they are known to the petitioner, of the spouse of the ward or the spouse or domestic partner of the conservatee and of relatives of the ward or conservatee within the second degree. (c) A brief description of the character, condition, value, and location of the personal property sought to be transferred. (d) A statement whether the foreign guardian or conservator has agreed to accept the transfer of the property. If the foreign guardian or conservator has so agreed, the acceptance shall be attached as an exhibit to the petition or otherwise filed with the court. (e) A statement of the manner in which and by whom the foreign guardian or conservator was appointed. (f) A general statement of the qualifications of the foreign guardian or conservator. (g) The amount of bond, if any, of the foreign guardian or conservator. (h) A general statement of the nature and value of the property of the ward or conservatee already under the management or control of the foreign guardian or conservator. (i) The name of the court having jurisdiction of the foreign guardian or conservator or of the accounts of the foreign guardian or conservator or, if none, the court in which a proceeding may be had with respect to the guardianship or conservatorship if the property is transferred. (j) Whether there is any pending civil action in this state against the guardian or conservator, the ward or conservatee, or the estate. (k) A statement of the reasons for the transfer. (Amended by Stats. 2001, Ch. 893, Sec. 47. Effective January 1, 2002.)
  110. 2804.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The petitioner must give notice of the hearing and a copy of the petition at least 30 days before the hearing.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 2804. At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed in the petition at the address stated in the petition. (Amended by Stats. 2017, Ch. 319, Sec. 54. (AB 976) Effective January 1, 2018.)
  111. 2805.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Several listed people may file written objections to the petition.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 2805. Any of the following may appear and file written objections to the petition: (a) Any person required to be listed in the petition. (b) Any creditor of the ward or conservatee or of the estate. (c) The spouse of the ward or the spouse or domestic partner of the conservatee or any relative or friend of the ward or conservatee. (d) Any other interested person. (Amended by Stats. 2001, Ch. 893, Sec. 48. Effective January 1, 2002.)
  112. 2806.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may approve a petition and order a guardian or conservator to transfer some or all estate personal property to a foreign guardian or conservator if specified findings are made.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 2806. The court may grant the petition and order the guardian or conservator to transfer some or all of the personal property of the estate to the foreign guardian or conservator if the court determines all of the following: (a) The transfer will promote the best interests of the ward or conservatee and the estate. (b) The substantial rights of creditors or claimants in this state will not be materially impaired by the transfer. (c) The foreign guardian or conservator is qualified, willing, and able to administer the property to be transferred. (Enacted by Stats. 1990, Ch. 79.)
  113. 2807.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a transfer is ordered, the court may direct how it is carried out and may impose just terms and conditions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 2807. If a transfer is ordered, the court may direct the manner of transfer and impose such terms and conditions as may be just. (Enacted by Stats. 1990, Ch. 79.)
  114. 2808.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If the estate is being transferred to a foreign guardian or conservator, the court must end the guardianship or conservatorship after the final account is settled and a property receipt is filed. Notice of the final account, discharge petition, and hearing must be delivered at least 30 days before the hearing unless notice is waived.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 12. Transfer of Personal Property out of State [2800 - 2808] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 2808. (a) If the court’s order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardianship of the estate or the conservatorship of the estate terminated upon the filing with the clerk of the court of a receipt for the property executed by the foreign guardian or conservator. (b) Unless notice is waived, a copy of the final account of the guardian or conservator and of the petition for discharge, together with a notice of the hearing, shall be delivered pursuant to Section 1215 at least 30 days before the date of the hearing to all persons required to be listed in the petition for transfer, including the foreign guardian or conservator. (Amended by Stats. 2017, Ch. 319, Sec. 55. (AB 976) Effective January 1, 2018.)
  115. 281.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    When a disclaimer becomes effective, it cannot be revoked and binds the beneficiary and related claimants, including the beneficiary’s creditors.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 281. A disclaimer, when effective, is irrevocable and binding upon the beneficiary and all persons claiming by, through, or under the beneficiary, including creditors of the beneficiary. (Enacted by Stats. 1990, Ch. 79.)
  116. 282.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If an interest is disclaimed and no specific disposition is provided, the law treats the interest as passing as if the disclaimant died before the relevant event; for disclaimers filed on or after January 1, 1985, certain anti-lapse-style treatment does not apply.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 282. (a) Unless the creator of the interest provides for a specific disposition of the interest in the event of a disclaimer, the interest disclaimed shall descend, go, be distributed, or continue to be held (1) as to a present interest, as if the disclaimant had predeceased the creator of the interest or (2) as to a future interest, as if the disclaimant had died before the event determining that the taker of the interest had become finally ascertained and the taker’s interest indefeasibly vested. A disclaimer relates back for all purposes to the date of the death of the creator of the disclaimed interest or the determinative event, as the case may be. (b) Notwithstanding subdivision (a), where the disclaimer is filed on or after January 1, 1985: (1) The beneficiary is not treated as having predeceased the decedent for the purpose of determining the generation at which the division of the estate is to be made under Part 6 (commencing with Section 240) or other provision of a will, trust, or other instrument. (2) The beneficiary of a disclaimed interest is not treated as having predeceased the decedent for the purpose of applying subdivision (d) of Section 6409 or subdivision (b) of Section 6410. (Enacted by Stats. 1990, Ch. 79.)
  117. 283.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A disclaimer is not treated as a voidable transfer by the beneficiary under the Uniform Voidable Transactions Act.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 283. A disclaimer is not a voidable transfer by the beneficiary under the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil Code). (Amended by Stats. 2015, Ch. 44, Sec. 26. (SB 161) Effective January 1, 2016.)
  118. 284.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A person who could file a disclaimer may instead file a written waiver of the right to disclaim, and the waiver must specify the interest it covers.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 284. A person who could file a disclaimer under this part may instead file a written waiver of the right to disclaim. The waiver shall specify the interest to which the waiver applies. Upon being filed as provided in Section 280, the waiver is irrevocable and is binding upon the beneficiary and all persons claiming by, through, or under the beneficiary. (Enacted by Stats. 1990, Ch. 79.)
  119. 285.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A beneficiary cannot disclaim an interest after accepting it, subject to listed exceptions and special rules.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 285. (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed. (b) For the purpose of this section, a beneficiary has accepted an interest if any of the following occurs before a disclaimer is filed with respect to that interest: (1) The beneficiary, or someone acting on behalf of the beneficiary, makes a voluntary assignment, conveyance, encumbrance, pledge, or transfer of the interest or part thereof, or contracts to do so; provided, however, that a beneficiary will not have accepted an interest if the beneficiary makes a gratuitous conveyance or transfer of the beneficiary’s entire interest in property to the person or persons who would have received the property had the beneficiary made an otherwise qualified disclaimer pursuant to this part. (2) The beneficiary, or someone acting on behalf of the beneficiary, executes a written waiver under Section 284 of the right to disclaim the interest. (3) The beneficiary, or someone acting on behalf of the beneficiary, accepts the interest or part thereof or benefit thereunder. (4) The interest or part thereof is sold at a judicial sale. (c) An acceptance does not preclude a beneficiary from thereafter disclaiming all or part of an interest if both of the following requirements are met: (1) The beneficiary became entitled to the interest because another person disclaimed an interest. (2) The beneficiary or other person acting on behalf of the beneficiary at the time of the acceptance had no knowledge of the interest to which the beneficiary so became entitled. (d) The acceptance by a joint tenant of the joint tenancy interest created when the joint tenancy is created is not an acceptance by the joint tenant of the interest created when the joint tenant survives the death of another joint tenant. (Amended by Stats. 1994, Ch. 806, Sec. 3. Effective January 1, 1995.)
  120. 286.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A beneficiary’s right to disclaim an interest is not blocked by spendthrift provisions or similar restrictions.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 286. The right to disclaim exists regardless of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction. (Enacted by Stats. 1990, Ch. 79.)
  121. 287.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A beneficiary may disclaim an unaccepted interest created before January 1, 1984, after December 31, 1983, as provided in this part.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 287. An interest created before January 1, 1984, that has not been accepted may be disclaimed after December 31, 1983, in the manner provided in this part, but no interest that arose before January 1, 1984, in a person other than the beneficiary may be destroyed or diminished by any action of the disclaimant taken pursuant to this part. (Enacted by Stats. 1990, Ch. 79.)
  122. 288.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section preserves a person’s separate-law right to assign, convey, or release property or interests, but any beneficiary interest that would otherwise pass after December 31, 1983 can be declined, refused, renounced, or disclaimed only as allowed by this part.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [275 - 288] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 288. This part does not limit or abridge any right a person may have under any other law to assign, convey, or release any property or interest, but after December 31, 1983, an interest that would otherwise be taken by a beneficiary may be declined, refused, renounced, or disclaimed only as provided in this part. (Enacted by Stats. 1990, Ch. 79.)
  123. 2890.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 14. Notification to Court by Institutions [2890 - 2893] ( Chapter 14 added by Stats. 2001, Ch. 563, Sec. 7. )

    Verify source ↗

    If an institution holds an asset that a guardian or conservator takes possession or control of, the institution must file a statement with the court.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 14. Notification to Court by Institutions [2890 - 2893] ( Chapter 14 added by Stats. 2001, Ch. 563, Sec. 7. ) ## 2890. (a) When a guardian or conservator, pursuant to letters of guardianship or conservatorship of the estate, takes possession or control of any asset of the ward or conservatee held by an institution, as defined in subdivision (c), the institution shall file with the court having jurisdiction of the guardianship or conservatorship a statement containing the following information: (1) The name of the ward or conservatee. (2) The name of the guardian or joint guardians or conservator or joint conservators. (3) The court case number. (4) The name of the institution. (5) The address of the institution. (6) The account number of the account, if any, in which the asset was held by the ward or conservatee. (7) A description of the asset or assets held by the institution. If an asset is a life insurance policy or annuity, the description shall include the policy number, if available. If the asset is a security listed on a public exchange, the description shall include the name and reference number, if available. (8) The value, if known, or the estimated value otherwise, of the asset on the date the letters were issued by the court to the guardian or conservator, to the extent this value is routinely provided in the statements from the institution to the owner. (b) Taking possession or control of an asset includes, for purposes of this chapter, changing title to the asset, withdrawing all or any portion of the asset, or transferring all or any portion of an asset from the institution. (c) For purposes of this chapter, “institution” means an insurance company, insurance broker, insurance agent, investment company, investment bank, securities broker-dealer, investment adviser, financial planner, financial adviser, or any other person who takes, holds, or controls an asset subject to a conservatorship or guardianship that is not a “financial institution” as defined in Section 2892. (Added by Stats. 2001, Ch. 563, Sec. 7. Effective January 1, 2002.)
  124. 2891.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 14. Notification to Court by Institutions [2890 - 2893] ( Chapter 14 added by Stats. 2001, Ch. 563, Sec. 7. )

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    A filing under Section 2890 must be an affidavit by an authorized person, and confidential personal information in that filing can be disclosed only by court order.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 14. Notification to Court by Institutions [2890 - 2893] ( Chapter 14 added by Stats. 2001, Ch. 563, Sec. 7. ) ## 2891. (a) The statement filed pursuant to Section 2890 shall be an affidavit by a person having authority to make the statement on behalf of the institution, as defined in Section 2890, and shall include that fact in the statement. (b) If the affidavit and any accompanying information to be filed pursuant to this section also contains the ward or conservatee’s social security number or any other personal information, including financial information regarding the ward or conservatee which would not be disclosed in an accounting, an inventory and appraisal, or any other nonconfidential pleading filed in the action, the information shall be kept confidential and subject to disclosure to any person only upon order of the court. (c) This chapter does not apply to any trust arrangement described in subdivision (b) of Section 82 except paragraph (4) of that subdivision relating to assets held in Totten trust. (d) No fee shall be charged by the court for the filing of the affidavit or related information as required by this section. (e) The affidavit required by Section 2890 is not required to be filed in a proceeding more than once for each asset. However, all assets held by institutions may be listed in a single affidavit filed with the court. (f) When a guardian or conservator takes possession or control of an asset in an institution, as defined in Section 2890, the institution may then file with the court the statement required by Section 2890 as to any or all other assets of the ward or conservatee held in the institution. (Added by Stats. 2001, Ch. 563, Sec. 7. Effective January 1, 2002.)
  125. 2892.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 14. Notification to Court by Institutions [2890 - 2893] ( Chapter 14 added by Stats. 2001, Ch. 563, Sec. 7. )

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    A financial institution must send the court a statement when a guardian or conservator opens or renames an account or safe-deposit box under letters of guardianship or conservatorship.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 14. Notification to Court by Institutions [2890 - 2893] ( Chapter 14 added by Stats. 2001, Ch. 563, Sec. 7. ) ## 2892. (a) When a guardian or conservator, pursuant to letters of guardianship or conservatorship of the estate, opens or changes the name to an account or safe-deposit box in a financial institution, as defined in subdivision (b), the financial institution shall send to the court identified in the letters of guardianship or conservatorship a statement containing the following information: (1) The name of the person with whom the account or safe-deposit box is opened or changed. (2) The account number or reference number. (3) The date the account or safe-deposit box was opened or changed ownership pursuant to letters of guardianship or conservatorship. (4) If the asset is held in an account in a financial institution, the balance as of the date the account was opened or changed. (5) If the asset is held in a safe-deposit box, and the financial institution has been given access to the safe-deposit box, a list of the contents, including, for example, currency, coins, jewelry, tableware, insurance policies or certificates, stock certificates, bonds, deeds, and wills. (6) The name and address of the financial institution in which the asset is maintained. (b) For purposes of this chapter, “financial institution” means a bank, trust, savings and loan association, savings bank, industrial bank, or credit union. (Amended by Stats. 2003, Ch. 888, Sec. 7. Effective January 1, 2004.)
  126. 2893.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 14. Notification to Court by Institutions [2890 - 2893] ( Chapter 14 added by Stats. 2001, Ch. 563, Sec. 7. )

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    Financial institutions must file the Section 2892 statement as a signed affidavit, and certain personal information in that affidavit must be kept confidential unless a court orders disclosure.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 14. Notification to Court by Institutions [2890 - 2893] ( Chapter 14 added by Stats. 2001, Ch. 563, Sec. 7. ) ## 2893. (a) The written statement provided pursuant to Section 2892 by the financial institution shall be in the form of an affidavit signed by an officer of the financial institution and the officer shall provide his or her name and title in the affidavit. (b) The affidavit required by this section is subject to disclosure under the circumstances described in subdivision (l) of Section 7480 of the Government Code under the California Right to Financial Privacy Act (Chapter 20 (commencing with Section 7460) of Division 7 of Title 1 of the Government Code). (c) This chapter does not apply to any trust arrangement described in subdivision (b) of Section 82 except paragraph (4) of that subdivision relating to assets held in a Totten trust. (d) The affidavit described in Section 2892 is not required to be filed in a proceeding more than once for each asset. However, all assets held by the financial institution may be listed in a single affidavit filed with the court. (e) If the affidavit and any accompanying information to be filed pursuant to this section also contains the ward or conservatee’s social security number or any other personal information, including financial information regarding the ward or conservatee which would not be disclosed in an accounting, an inventory and appraisal, or other nonconfidential pleading filed in the action, the information shall be kept confidential and subject to disclosure to any person only upon order of the court. (Added by Stats. 2001, Ch. 563, Sec. 7. Effective January 1, 2002.)
  127. 29.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    “Conservatee” includes a limited conservatee.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 29. “Conservatee” includes a limited conservatee. (Enacted by Stats. 1990, Ch. 79.)
  128. 2900.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Taking Temporary Possession or Control of Property [2900 - 2903] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    The public guardian or public conservator may take temporary control of certain property and, in some cases, remove occupants, but must meet notice, hearing, and petition requirements.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Taking Temporary Possession or Control of Property [2900 - 2903] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2900. (a) (1) If the public guardian or public conservator determines that the requirements for appointment of a guardian or conservator of the estate are satisfied and the public guardian or public conservator intends to apply for appointment, the public guardian or public conservator may take possession or control of real or personal property of a person domiciled in the county that is subject to loss, injury, waste, or misappropriation, and, subject to subdivision (b), may deny use of, access to, or prohibit residency in, the real or personal property, by anyone who does not have a written rental agreement or other legal right to the use of, or access to, the property. (2) (A) Except as provided in subparagraph (C), if the public guardian or public conservator determines that the requirements for appointment of a guardian or conservator of the estate are satisfied and the public guardian or public conservator intends to apply for appointment as the guardian or conservator of a person domiciled in the county, the public guardian or public conservator may restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in a trust, provided all of the following requirements are met: (i) The real or personal property held in the trust is subject to loss, injury, waste, or misappropriation. (ii) The proposed ward or conservatee is a settlor of the trust. (iii) The proposed ward or conservatee has a beneficial interest in the trust to currently receive income or principal from the trust. (iv) The proposed ward or conservatee holds a power to revoke the trust. (B) During the period of any restraint under this paragraph, the property subject to the restraint shall continue to be retained as property of the trust pending termination of the restraint or further court order. The public guardian or public conservator shall provide notice of any action taken under this paragraph to all of the persons required to be noticed pursuant to Section 17203, to the extent the public guardian or public conservator has access to the trust documents or is otherwise able to determine the persons entitled to receive notice. Any settlor, trustee, or beneficiary may petition the court for relief from any action taken by the public guardian or public conservator under this paragraph. (C) This paragraph shall not apply if a current trustee or cotrustee is a spouse of the proposed ward or conservatee and that spouse is also a settlor of the trust, unless the public guardian or public conservator determines that the real or personal property held in the trust is subject to substantial loss, injury, waste, or misappropriation. (b) The authority provided to the public guardian and public conservator in subdivision (a) includes the authority to terminate immediately the occupancy of anyone living in the home of an intended ward or conservatee, other than the intended ward or conservatee, and the authority to remove any such occupant residing therein, subject to the following requirements: (1) The public guardian or public conservator shall first determine that the person whose occupancy is to be terminated has no written rental agreement or other legal right to occupancy, and has caused, contributed to, enabled, or threatened loss, injury, waste, or misappropriation of the home or its contents. In making this determination, the public guardian or public conservator shall contact the intended ward or conservatee and the occupant, advise them of the proposed removal and the grounds therefor, and consider whatever information they provide. (2) At the time of the removal, the public guardian or public conservator shall advise the intended ward or conservatee and the occupant that a hearing will be held as provided in paragraph (3). (3) The public guardian or public conservator shall file a petition regarding removal, showing the grounds therefor, to be set for hearing within 10 days of the filing of the petition and within 15 days of the removal. The person removed and the intended ward or conservatee shall be personally served with a notice of hearing and a copy of the petition at least five days prior to the hearing, subject to Part 2 (commencing with Section 1200) of Division 3. The right of the public guardian or public conservator to deny occupancy by the removed person to the premises shall terminate 15 days after removal, unless extended by the court at the hearing on the petition. The court shall not grant an extension unless the public guardian or public conservator has filed a petition for appointment as guardian or conservator of the estate. (c) If the public guardian or public conservator takes possession of the residence of an intended ward or conservatee under this section, then for purposes of Section 602.3 of the Penal Code, the public guardian or public conservator shall be the owner’s representative. (Amended by Stats. 2011, Ch. 370, Sec. 1. (AB 1288) Effective January 1, 2012.)
  129. 2901.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Taking Temporary Possession or Control of Property [2900 - 2903] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A public guardian may issue a written certification of authority, and financial institutions or other persons must provide information and surrender certain property when they receive it.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Taking Temporary Possession or Control of Property [2900 - 2903] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2901. (a) A public guardian who is authorized to take possession or control of property under this chapter may issue a written certification of that fact. The written certification is effective for 30 days after the date of issuance. (b) The written recordable certification shall substantially comply with the following form: ## “CERTIFICATE OF AUTHORITY THIS IS AN OFFICIAL CERTIFICATE ENTITLING THE PUBLIC GUARDIAN TO TAKE POSSESSION OF ANY AND ALL PROPERTY BELONGING TO THE FOLLOWING INDIVIDUAL: ## (Name of Individual) _____________ This Certificate of Authority has been issued by the Public Guardian pursuant to and in compliance with Chapter 1 (commencing with Section 2900) of Part 5 of Division 4 of the California Probate Code. Under California law, this Certificate of Authority authorizes the Public Guardian to take possession or control of property belonging to the above-named individual. SPECIAL NOTE TO FINANCIAL INSTITUTIONS: State law requires that upon receiving a copy of this Certificate of Authority, financial institutions shall provide the public guardian with information concerning property held by the above-named individual and surrender the property to the Public Guardian if requested. This Certificate of Authority shall only be valid when signed and dated by the Public Guardian or a deputy Public Guardian of the County of _____ and affixed with the official seal of the Public Guardian below. This Certificate of Authority expires 30 days after the date of issuance. Signature of Public Guardian: Date: Official Seal” (c) The public guardian may record a copy of the written certification in any county in which is located real property of which the public guardian is authorized to take possession or control under this chapter. (d) A financial institution or other person shall, without the necessity of inquiring into the truth of the written certification and without court order or letters being issued: (1) Provide the public guardian information concerning property held in the sole name of the proposed ward or conservatee. (2) Surrender to the public guardian property of the proposed ward or conservatee that is subject to loss, injury, waste, or misappropriation. (e) Receipt of the written certification: (1) Constitutes sufficient acquittance for providing information and for surrendering property of the proposed ward or conservatee. (2) Fully discharges the financial institution or other person from any liability for any act or omission of the public guardian with respect to the property. (Amended by Stats. 2011, Ch. 370, Sec. 2. (AB 1288) Effective January 1, 2012.)
  130. 2901.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Taking Temporary Possession or Control of Property [2900 - 2903] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A public guardian or public conservator may issue a written certificate of authority, and financial institutions or other recipients of that certificate must provide information about the trust property and restrain transfers of that property.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Taking Temporary Possession or Control of Property [2900 - 2903] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2901.5. (a) A public guardian or public conservator, who is authorized to restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in a trust in accordance with paragraph (2) of subdivision (a) of Section 2900, may issue a written certification of that fact. The written certification is effective for 30 days after the date of issuance. (b) The written recordable certification shall substantially comply with the following form: ## “CERTIFICATE OF AUTHORITY THIS IS AN OFFICIAL CERTIFICATE ENTITLING THE PUBLIC GUARDIAN/PUBLIC CONSERVATOR TO RESTRAIN ANY PERSON FROM TRANSFERRING, ENCUMBERING, OR IN ANY WAY DISPOSING OF ANY REAL OR PERSONAL PROPERTY HELD IN THE FOLLOWING TRUST: ## (Name of Trust) _____________ THE PUBLIC GUARDIAN/PUBLIC CONSERVATOR HAS DETERMINED THAT IT HAS AUTHORITY TO ISSUE THIS CERTIFICATE WITH RESPECT TO THE ABOVE-NAMED TRUST AND IN CONNECTION WITH PROCEEDINGS THAT ARE OR WILL BE PENDING RELATED TO THE FOLLOWING INDIVIDUAL: ## (Name of Individual) _____________ This Certificate of Authority has been issued by the Public Guardian/Public Conservator pursuant to and in compliance with Chapter 1 (commencing with Section 2900) of Part 5 of Division 4 of the California Probate Code. Under California law, this Certificate of Authority authorizes the Public Guardian/Public Conservator to restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in the above-named trust. SPECIAL NOTE TO FINANCIAL INSTITUTIONS:State law requires that, upon receiving a copy of this Certificate of Authority, financial institutions shall provide the public guardian/public conservator with information concerning property held in the above-named trust and shall restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in the above-named trust. This Certificate of Authority shall only be valid when signed and dated by the Public Guardian/Public Conservator or a deputy Public Guardian/Public Conservator of the County of _____ and affixed with the official seal of the Public Guardian/Public Conservator below. This Certificate of Authority expires 30 days after the date of issuance. Signature of Public Guardian/Public Conservator:Date: Official Seal” (c) The public guardian or public conservator may record a copy of the written certification in any county in which is located real property held in a trust as to which the public guardian or public conservator has determined it has authority to issue the written certification. (d) A financial institution or other person who is provided with the written certification by the public guardian or public conservator shall, without the necessity of inquiring into the truth of the written certification and without court order or letters being issued: (1) Provide the public guardian or public conservator information concerning any real or personal property held in the trust identified in the written certification. (2) Restrain any person from transferring, encumbering, or in any way disposing of any real or personal property, held in the trust identified in the written certification. (e) Receipt of the written certification: (1) Constitutes sufficient acquittance for providing information and for restraining any person from transferring, encumbering, or in any way disposing of any real or personal property held in the trust identified in the written certification. (2) Fully discharges the financial institution or other person from any liability for any act or omission of the public guardian or public conservator with respect to the property. (Added by Stats. 2011, Ch. 370, Sec. 3. (AB 1288) Effective January 1, 2012.)
  131. 2902.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Taking Temporary Possession or Control of Property [2900 - 2903] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A public guardian taking property under this chapter can recover reasonable preservation costs and reasonable compensation for services if another guardian or conservator is later appointed.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Taking Temporary Possession or Control of Property [2900 - 2903] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2902. A public guardian who takes possession or control of property pursuant to this chapter is entitled to reasonable costs incurred for the preservation of the property, together with reasonable compensation for services, in case of the subsequent appointment of another person as guardian or conservator of the estate. The costs and compensation are a proper and legal charge against the estate of the ward or conservatee. (Enacted by Stats. 1990, Ch. 79.)
  132. 2903.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Taking Temporary Possession or Control of Property [2900 - 2903] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    This chapter applies only to a public guardian’s possession or control of property on or after July 1, 1989.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Taking Temporary Possession or Control of Property [2900 - 2903] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2903. This chapter applies only to possession or control of property by a public guardian on or after July 1, 1989. Possession or control of property by a public guardian before July 1, 1989, is governed by the applicable law in effect before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988. (Enacted by Stats. 1990, Ch. 79.)
  133. 2910.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Prefiling Investigation by Public Guardian [2910 - 2911] ( Chapter 2 added by Stats. 2007, Ch. 553, Sec. 25. )

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    The public guardian or county adult protective services agency may ask the court for investigative orders if there is probable cause to believe a person is in substantial danger of abuse or neglect and may need a conservator.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Prefiling Investigation by Public Guardian [2910 - 2911] ( Chapter 2 added by Stats. 2007, Ch. 553, Sec. 25. ) ## 2910. (a) Upon a showing of probable cause to believe that a person is in substantial danger of abuse or neglect and needs a conservator of the person, the estate, or the person and estate for his or her own protection, the public guardian or the county’s adult protective services agency may petition for either or both of the orders of the court provided in subdivision (b) in connection with his or her investigation to determine whether a petition for the appointment of the public guardian as conservator of the person, estate, or the person and estate of the person would be necessary or appropriate. (b) The petition may request either or both of the following orders for the limited purposes of the investigation concerning a person: (1) An order authorizing identified health care providers or organizations to provide private medical information about the person to the public guardian’s authorized representatives. (2) An order authorizing identified financial institutions or advisers, accountants, and others with financial information about the person to provide the information to the public guardian’s authorized representatives. (c) Notice of the hearing and a copy of the petition shall be served on the person who is the subject of the investigation in the manner and for the period required by Section 1460 or, on application of the public guardian contained in or accompanying the petition, on an expedited basis in the manner and for the period ordered by the court. The court may dispense with notice of the hearing only on a showing of facts demonstrating an immediate threat of substantial harm to the person if notice is given. (Added by Stats. 2007, Ch. 553, Sec. 25. Effective January 1, 2008.)
  134. 2911.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Prefiling Investigation by Public Guardian [2910 - 2911] ( Chapter 2 added by Stats. 2007, Ch. 553, Sec. 25. )

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    A court order under this section must allow disclosure of confidential medical information, require confidentiality of information obtained, and require destruction or return of written information if no conservatorship case is started within 60 days, subject to limited exceptions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Prefiling Investigation by Public Guardian [2910 - 2911] ( Chapter 2 added by Stats. 2007, Ch. 553, Sec. 25. ) ## 2911. A court order issued in response to a public guardian’s petition pursuant to Section 2910 shall do all of the following: (a) Authorize health care providers to disclose a person’s confidential medical information as permitted under California law, and also authorize disclosure of the information under federal medical privacy regulations enacted pursuant to the Health Insurance Portability and Accountability Act of 1996. (b) Direct the public guardian or the adult protective services agency to keep the information acquired under the order confidential, except as disclosed in a judicial proceeding or as required by law enforcement or an authorized regulatory agency. (c) Direct the public guardian or the adult protective services agency to destroy all copies of written information obtained under the order or give them to the person who was the subject of the investigation if a conservatorship proceeding is not commenced within 60 days after the date of the order. The court may extend this time period as the court finds to be in the subject’s best interest. (Added by Stats. 2007, Ch. 553, Sec. 25. Effective January 1, 2008.)
  135. 2920.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appointment of Public Guardian [2920 - 2923] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 2007, Ch. 553, Sec. 26. )

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    The public guardian must apply for appointment in certain cases and must start an investigation within two business days after a referral.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appointment of Public Guardian [2920 - 2923] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 2007, Ch. 553, Sec. 26. ) ## 2920. (a) If any person domiciled in the county requires a guardian or conservator and there is no one else who is qualified and willing to act and whose appointment as guardian or conservator would be in the best interests of the person, then either of the following shall apply: (1) The public guardian shall apply for appointment as guardian or conservator of the person, the estate, or the person and estate, if there is an imminent threat to the person’s health or safety or the person’s estate. (2) The public guardian may apply for appointment as guardian or conservator of the person, the estate, or the person and estate in all other cases. (b) The public guardian shall apply for appointment as guardian or conservator of the person, the estate, or the person and estate, if the court so orders. The court may make an order under this subdivision on motion of an interested person or on the court’s own motion in a pending proceeding or in a proceeding commenced for that purpose. The court shall order the public guardian to apply for appointment as guardian or conservator of the person, the estate, or the person and estate, on behalf of any person domiciled in the county who appears to require a guardian or conservator, if it appears that there is no one else who is qualified and willing to act, and if that appointment as guardian or conservator appears to be in the best interests of the person. However, if prior to the filing of the petition for appointment it is discovered that there is someone else who is qualified and willing to act as guardian or conservator, the public guardian shall be relieved of the duty under the order. The court shall not make an order under this subdivision except after notice to the public guardian for the period and in the manner provided for in Chapter 3 (commencing with Section 1460) of Part 1, consideration of the alternatives, and a determination by the court that the appointment is necessary. The notice and hearing under this subdivision may be combined with the notice and hearing required for appointment of a guardian or conservator. (c) The public guardian shall begin an investigation within two business days of receiving a referral for conservatorship or guardianship. (Amended by Stats. 2006, Ch. 493, Sec. 32. Effective January 1, 2007.)
  136. 2921.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appointment of Public Guardian [2920 - 2923] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 2007, Ch. 553, Sec. 26. )

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    A public guardian’s application for guardianship or conservatorship for certain persons cannot be granted unless the responsible department gives written consent.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appointment of Public Guardian [2920 - 2923] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 2007, Ch. 553, Sec. 26. ) ## 2921. An application of the public guardian for guardianship or conservatorship of the person, the estate, or the person and estate, of a person who is under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services shall not be granted without the written consent of the department having jurisdiction of the person. (Amended by Stats. 2012, Ch. 440, Sec. 50. (AB 1488) Effective September 22, 2012.)
  137. 2922.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appointment of Public Guardian [2920 - 2923] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 2007, Ch. 553, Sec. 26. )

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    If the public guardian is appointed as guardian or conservator, letters are issued in the same way as for other persons, may be issued to the county public guardian without naming the individual, and the public guardian’s official bond and oath replace the guardian or conservator bond and oath when letters are granted.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appointment of Public Guardian [2920 - 2923] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 2007, Ch. 553, Sec. 26. ) ## 2922. If the public guardian is appointed as guardian or conservator: (a) Letters shall be issued in the same manner and by the same proceedings as letters are issued to other persons. Letters may be issued to “the public guardian” of the county without naming the public guardian. (b) The official bond and oath of the public guardian are in lieu of the guardian or conservator’s bond and oath on the grant of letters. (Enacted by Stats. 1990, Ch. 79.)
  138. 2923.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appointment of Public Guardian [2920 - 2923] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 2007, Ch. 553, Sec. 26. )

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    The public guardian must comply with continuing education requirements established by the named California association by January 1, 2008.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appointment of Public Guardian [2920 - 2923] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 2007, Ch. 553, Sec. 26. ) ## 2923. On or before January 1, 2008, the public guardian shall comply with the continuing education requirements that are established by the California State Association of Public Administrators, Public Guardians, and Public Conservators. (Added by Stats. 2006, Ch. 493, Sec. 33. Effective January 1, 2007.)
  139. 2940.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Administration by Public Guardian [2940 - 2944] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 2007, Ch. 553, Sec. 27. )

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    The public guardian must deposit or invest all funds in its custody in the same manner and under the same terms and conditions used by the public administrator for estate money.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Administration by Public Guardian [2940 - 2944] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 2007, Ch. 553, Sec. 27. ) ## 2940. All funds coming into the custody of the public guardian shall be deposited or invested in the same manner and subject to the same terms and conditions as deposit or investment by the public administrator of money in an estate pursuant to Article 3 (commencing with Section 7640) of Chapter 4 of Part 1 of Division 7. (Enacted by Stats. 1990, Ch. 79.)
  140. 2941.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Administration by Public Guardian [2940 - 2944] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 2007, Ch. 553, Sec. 27. )

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    The public guardian may employ private attorneys when necessary and in its discretion, if the cost can be paid from estate funds or through satisfactory pro bono or contingency fee arrangements.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Administration by Public Guardian [2940 - 2944] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 2007, Ch. 553, Sec. 27. ) ## 2941. The public guardian may, if necessary and in the public guardian’s discretion, employ private attorneys where the cost of employment can be defrayed out of estate funds or where satisfactory pro bono or contingency fee arrangements can be made. (Enacted by Stats. 1990, Ch. 79.)
  141. 2942.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Administration by Public Guardian [2940 - 2944] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 2007, Ch. 553, Sec. 27. )

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    The public guardian is entitled to payment from the ward’s or conservatee’s estate for listed expenses, compensation, and an annual bond fee, subject to a Social Security Supplemental Income exception.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Administration by Public Guardian [2940 - 2944] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 2007, Ch. 553, Sec. 27. ) ## 2942. The public guardian shall be paid from the estate of the ward or conservatee for all of the following: (a) Reasonable expenses incurred in the execution of the guardianship or conservatorship. (b) Compensation for services of the public guardian and the attorney of the public guardian, and for the filing and processing services of the county clerk or the clerk of the superior court, in the amount the court determines is just and reasonable. In determining what constitutes just and reasonable compensation, the court shall, among other factors, take into consideration the actual costs of the services provided, the amount of the estate involved, the special value of services provided in relation to the estate, and whether the compensation requested might impose an economic hardship on the estate. Nothing in this section shall require a public guardian to base a request for compensation upon an hourly rate of service. (c) An annual bond fee in the amount of twenty-five dollars ($25) plus one-fourth of 1 percent of the amount of an estate greater than ten thousand dollars ($10,000). The amount charged shall be deposited in the county treasury. This subdivision does not apply if the ward or conservatee is eligible for Social Security Supplemental Income benefits. (Amended by Stats. 1999, Ch. 866, Sec. 1. Effective January 1, 2000.)
  142. 2943.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Administration by Public Guardian [2940 - 2944] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 2007, Ch. 553, Sec. 27. )

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    The public guardian may appraise listed estate property and, if an appraisal showing value below the Section 13100 amount is filed with the inventory, the property need not be appraised by a probate referee. Separately, certain higher-value property sold by a conservator must be appraised by a probate referee.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Administration by Public Guardian [2940 - 2944] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 2007, Ch. 553, Sec. 27. ) ## 2943. (a) Notwithstanding subdivision (c) of Section 2610, the property described in the inventory may be appraised by the public guardian and need not be appraised by a probate referee if the public guardian files with the inventory an appraisal showing that the estimated value of the property in the estate does not exceed the amount prescribed in Section 13100. (b) If the conservator seeks authority pursuant to subdivision (b) of Section 2540 to sell the conservatee’s personal residence, whether or not it is real property, or if the conservator seeks authority pursuant to Section 2590 to sell the conservatee’s real property, valued in excess of ten thousand dollars ($10,000), or an item of personal property valued in excess of ten thousand dollars ($10,000) that is not a security sold pursuant to subdivision (a) of Section 2544, that property shall be appraised by a probate referee. (Amended by Stats. 1996, Ch. 86, Sec. 3. Effective January 1, 1997.)
  143. 2944.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Administration by Public Guardian [2940 - 2944] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 2007, Ch. 553, Sec. 27. )

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    The public guardian is not liable for failing to take possession or control of property that it cannot possess or control.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Administration by Public Guardian [2940 - 2944] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 2007, Ch. 553, Sec. 27. ) ## 2944. The public guardian is not liable for failing to take possession or control of property that is beyond the ability of the public guardian to possess or control. (Enacted by Stats. 1990, Ch. 79.)
  144. 295.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Disclaimers Effective Under Federal Law [295- 295.] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A disclaimer or transfer is treated as effective under this part if federal tax law treats the interest as never having been transferred to the beneficiary.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260 - 295] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Disclaimers Effective Under Federal Law [295- 295.] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 295. Notwithstanding any other provision of this part, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the beneficiary, then the disclaimer or transfer is effective as a disclaimer under this part. (Enacted by Stats. 1990, Ch. 79.)
  145. 2950.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 1. General [2950 - 2951] ( Article 1 added by Stats. 2000, Ch. 813, Sec. 1. )

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    The chapter lets a peace officer or county public guardian take authorized actions if the county has the required law enforcement expertise and a unit for elder financial abuse investigations.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 1. General [2950 - 2951] ( Article 1 added by Stats. 2000, Ch. 813, Sec. 1. ) ## 2950. (a) It is the intent of the Legislature to do all of the following: (1) Reduce the incidence of financial abuse perpetrated against mentally impaired elder adults. (2) Minimize monetary losses to mentally impaired elder adults as a result of financial abuse. (3) Facilitate timely intervention by law enforcement, in collaboration with the public guardian, to effectively protect mentally impaired elder adult victims of financial abuse, and to recover their assets. (b) Any peace officer or public guardian of a county that has both of the following, as determined by the public guardian of that county, may take the actions authorized by this chapter: (1) The existence of sufficient law enforcement personnel with expertise in the assessment of competence. (2) The existence of a law enforcement unit devoted to investigating elder financial abuse and the enforcement of laws applicable to elder abuse. (c) This chapter shall be coordinated with existing mandated programs affecting financial abuse of mentally impaired elders that are administered by the adult protective services agency of the county. (Added by Stats. 2000, Ch. 813, Sec. 1. Effective January 1, 2001.)
  146. 2951.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 1. General [2950 - 2951] ( Article 1 added by Stats. 2000, Ch. 813, Sec. 1. )

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    This section defines key terms used in the financial abuse of mentally impaired elders chapter.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 1. General [2950 - 2951] ( Article 1 added by Stats. 2000, Ch. 813, Sec. 1. ) ## 2951. The definitions contained in this section shall govern the construction of this chapter, unless the context requires otherwise. (a) “Declaration” means a document that substantially complies with the requirements of Section 2954, and is signed by both a peace officer and a supervisor from the county’s adult protective services agency and provided to the public guardian in accordance with subdivision (b) of Section 2952. (b) “Elder person” means any person residing in this state, 65 years of age or older. (c) “Financial abuse” means a situation described in Section 15610.30 of the Welfare and Institutions Code. (d) “Financial abuse POST training” means an elder financial abuse training course certified by the Commission on Peace Officer Standards and Training. (e) “Financial institution” means any bank, savings and loan, thrift, industrial loan company, credit union, or any branch of any of these institutions doing business in the state, as defined by provisions of the Financial Code. (f) “Peace officer” means a sheriff, deputy sheriff, municipal police officer, or a peace officer authorized under subdivision (b) of Section 830.1 of the Penal Code, duly sworn under the requirements of state law, who satisfies any of the following requirements: (1) The sheriff, deputy sheriff, municipal police officer, or peace officer authorized under subdivision (b) of Section 830.1 of the Penal Code has completed or participated as a lecturer in a financial abuse POST training program within the last 36 months. The completion of the course may be satisfied by telecourse, video training tape, or other instruction. The training shall, at a minimum, address relevant elder abuse laws, recognition of financial abuse and fraud, assessment of mental competence in accordance with the standards set forth in Part 17 (commencing with Section 810) of the Probate Code, reporting requirements and procedures for the investigation of financial abuse and related crimes, including neglect, and civil and criminal procedures for the protection of victims. The course may be presented as part of a training program that includes other subjects or courses. (2) The sheriff, deputy sheriff, municipal police officer, or peace officer authorized under subdivision (b) of Section 830.1 of the Penal Code, has consulted with a sheriff, deputy sheriff, municipal police officer, or peace officer authorized under subdivision (b) of Section 830.1 of the Penal Code, who satisfies the requirements of paragraph (1) concerning the declaration defined in subdivision (a) and obtained the signature of that sheriff, deputy sheriff, municipal police officer, or peace officer authorized under subdivision (b) of Section 830.1 of the Penal Code on a declaration that substantially complies with the form described in Section 2954. (g) “Property” means all personal property and real property of every kind belonging to, or alleged to belong to, the elder. (Added by Stats. 2000, Ch. 813, Sec. 1. Effective January 1, 2001.)
  147. 2952.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 2. Estate Protection [2952 - 2955] ( Article 2 added by Stats. 2000, Ch. 813, Sec. 1. )

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    A peace officer may issue a declaration about an elder person if the listed conditions are met, and the public guardian may then rely on it to take immediate possession or control of the elder’s property.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 2. Estate Protection [2952 - 2955] ( Article 2 added by Stats. 2000, Ch. 813, Sec. 1. ) ## 2952. (a) A peace officer may issue a declaration, as provided in Section 2954, concerning an elder person if all of the following conditions are satisfied: (1) There is probable cause to believe that the elder person is substantially unable to manage his or her financial resources or to resist fraud or undue influence. (2) There exists a significant danger that the elder person will lose all or a portion of his or her property as a result of fraud or misrepresentations or the mental incapacity of the elder person. (3) There is probable cause to believe that a crime is being committed against the elder person. (4) The crime is connected to the inability of the elder person to manage his or her financial resources or to resist fraud or undue influence, and that inability is the result of deficits in the elder person’s mental functions. (5) The peace officer has consulted with an individual qualified to perform a mental status examination. (b) If the requirements of subdivision (a) are satisfied, the peace officer may provide a signed declaration to the public guardian of the county. The declaration provided by the peace officer under this subdivision shall be signed by both the peace officer and a supervisor from the county’s adult protective services agency. The declaration shall be transmitted to the public guardian within 24 hours of its being signed, and may be transmitted by facsimile. (c) (1) Upon receiving a signed declaration from a peace officer, the public guardian is authorized to rely on the information contained in the declaration to take immediate possession or control of any real or personal property belonging to the elder person referred to in the declaration, including any property that is held jointly between the elder person and a third party that is subject to loss, injury, waste, or misappropriation, and may issue a written recordable certification of that fact pursuant to this section. The written recordable certification shall substantially comply with the following form: ## “CERTIFICATE OF AUTHORITY THIS IS AN OFFICIAL CERTIFICATE ENTITLING THE PUBLIC GUARDIAN TO TAKE POSSESSION OF ANY AND ALL PROPERTY BELONGING TO THE FOLLOWING INDIVIDUAL: ## (Name of Victim) _____________ This Certificate of Authority has been issued by the Public Guardian pursuant to and in compliance with the Financial Abuse of Mentally Impaired Elders statute, Chapter 4 (commencing with Section 2950) of Part 5 of Division 4 of the California Probate Code. Under California law, this Certificate of Authority authorizes the Public Guardian to take possession or control of property belonging to the above-named individual. SPECIAL NOTE TO FINANCIAL INSTITUTIONS: State law requires that upon receiving a copy of this Certificate of Authority, financial institutions shall provide the public guardian with information concerning property held by the above-named individual and surrender the property to the Public Guardian if requested. This Certificate of Authority shall only be valid when signed and dated by the Public Guardian or a deputy Public Guardian of the County of _____ and affixed with the official seal of the Public Guardian below. Signature of Public Guardian: Date: Official Seal” (2) The mere issuance of the declaration provided by this section shall not require the public guardian to take possession or control of property and shall not require the public guardian to make a determination that the requirements for the appointment of a conservator are satisfied. (3) The authority provided to the public guardian in paragraph (1) includes the authority to deny use of, access to, or prohibit residency in the home of the elder, by anyone who does not have a written rental agreement or other legal right to the use of, or access to, the residence, and, subject to the requirements of subdivision (b) of Section 2900, the authority to terminate the occupancy of anyone living in the home of the elder person, and the authority to remove that occupant residing therein. (4) The public guardian shall serve, or cause to be served, a copy of the certification issued pursuant to this section on the elder person by mail within 24 hours of the execution of the certification, or as soon thereafter as is practical, in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. (5) Receipt of a certification issued under this section constitutes sufficient acquittance to financial institutions and others in possession of an elder person’s property to provide information and surrender property of the elder person to the public guardian. Any financial institution or other person who provides information or surrenders property pursuant to this section shall be discharged from any liability for any act or omission of the public guardian with respect to the property. (6) A public guardian acting in good faith is not liable when taking possession or control of property pursuant to this section. (7) A certification issued pursuant to this section is valid for 15 days after the date of issuance. Upon ex parte petition to the superior court, the public guardian may seek additional 15-day certifications. The court shall grant that petition only if it determines that the additional certification is necessary to protect the elder from financial abuse and the elder’s property from loss, injury, waste, or misappropriation. (d) (1) If the public guardian takes possession of an elder person’s property pursuant to this section, the public guardian shall attempt to find agents pursuant to the use of durable powers of attorney or successor trustees nominated in trust instruments, or other persons having legal authority under existing legal instruments, to manage the elder person’s estate. (2) If the public guardian is unable to find any appropriate person to manage the elder person’s estate pursuant to paragraph (1), the public guardian shall attempt to find appropriate family members willing to manage the elder person’s estate. If no documents exist appointing appropriate fiduciaries, the public guardian shall follow the priorities set forth in Article 2 (commencing with Section 1810) of Chapter 1 of Part 3. (3) The public guardian shall take the steps described in paragraphs (1) and (2) within 15 days of taking possession of an elder person’s property pursuant to this section. (e) Nothing in this section prevents the county’s adult protective services agency from conducting an investigation regarding the elder person named in the declaration and providing appropriate services, in coordination with any actions taken with the public guardian under this section or an investigation conducted by law enforcement regarding the elder person. (Amended by Stats. 2001, Ch. 232, Sec. 3. Effective January 1, 2002.)
  148. 2953.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 2. Estate Protection [2952 - 2955] ( Article 2 added by Stats. 2000, Ch. 813, Sec. 1. )

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    A public guardian may seek reimbursement for reasonable costs and fees from an elder person’s estate in specified cases, and the court must quash a certification if there is insufficient evidence; the court also has discretion to defer or waive filing fees and to make other orders if sufficient evidence exists.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 2. Estate Protection [2952 - 2955] ( Article 2 added by Stats. 2000, Ch. 813, Sec. 1. ) ## 2953. (a) (1) A public guardian who has taken possession or control of the property of an elder person pursuant to this chapter is entitled to petition a court of competent jurisdiction for the reasonable costs incurred by the public guardian for the protection of the person or the property, together with reasonable fees for services, including, but not limited to, reasonable attorneys’ fees. These fees shall be payable from the estate of the elder person if the person is not deemed competent by the court and if any of the following apply: (A) The public guardian or someone else is appointed as the temporary or general conservator of the estate. (B) An attorney-in-fact, under a durable power of attorney, or a trustee, takes steps, or is notified of the need to take steps, to protect the estate of the elder person. (C) An action is brought against the alleged financial abuser by the elder person, his or her conservator, a trustee, a fiduciary, or a successor in interest of the elder person, arising from a harm that the public guardian taking charge was intended to prevent or minimize. (2) Any costs incurred by the public guardian pursuant to paragraph (1) shall be compensable as provided in Section 2902. Fees collected by the public guardian pursuant to this chapter shall be used for the activities described in this chapter. (b) When a public guardian has taken possession or control of the property of an elder person pursuant to this chapter, the public guardian shall exercise reasonable care to ensure that the reasonable living expenses and legitimate debts of the elder person are addressed as well as is practical under the circumstances. (c) Any person identified as a victim in a declaration described in Section 2954 may bring an ex parte petition in the superior court for an order quashing the certification issued by the public guardian as provided in subdivision (c) of Section 2952. (1) Upon request by the petitioner, the court may defer filing fees related to the petition, and order the public guardian to authorize the release of funds from a financial institution to reimburse the petitioner the filing fees from assets belonging to the petitioner, but shall waive filing fees if the petitioner meets the standards of eligibility established by subparagraph (A) or (B) of paragraph (6) of subdivision (a) of Section 68511.3 of the Government Code for the waiver of a filing fee. (2) The court shall quash the certification if the court determines that there is insufficient evidence to justify the imposition on the alleged victim’s civil liberties caused by the certification. (3) If the court determines that there is sufficient evidence to justify the imposition on the alleged victim’s civil liberties caused by the certification, the court may, in its discretion, do one or more of the following: (A) Order disbursements from the alleged victim’s assets, as are reasonably needed to address the alleged victim’s needs. (B) Appoint a temporary conservator of the alleged victim’s estate, where the facts before the court would be sufficient for the appointment of a temporary conservator under Section 2250. (C) Deny the petition. (D) Award reasonable attorney’s fees to the respondent’s attorney from the victim’s estate. (Amended by Stats. 2001, Ch. 232, Sec. 4. Effective January 1, 2002.)
  149. 2954.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 2. Estate Protection [2952 - 2955] ( Article 2 added by Stats. 2000, Ch. 813, Sec. 1. )

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    A peace officer’s declaration under this chapter is not valid unless it substantially follows the prescribed form.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 2. Estate Protection [2952 - 2955] ( Article 2 added by Stats. 2000, Ch. 813, Sec. 1. ) ## 2954. A declaration issued by a peace officer under this chapter shall not be valid unless it substantially complies with the following form: DECLARATION PRINT OR TYPE 1. My name is:. My badge number is:. My office address and telephone number are: . 2. I am a duly sworn peace officer presently employed by , in the County of , in the State of California. 3. On _____ (date) I personally interviewed ________ (victim) at ______ a.m./p.m. at _______ (address). The victim resides at __________ (address, telephone number, and name of facility, if applicable). 4. There is probable cause to believe that: (a) (Victim) is substantially unable to manage his or her financial resources or to resist fraud or undue influence, and (b)There exists a significant danger the victim will lose all or a portion of his or her property as a result of fraud or misrepresentations or the mental incapacity of the victim, and (c)There is probable cause to believe that a crime is being committed against the victim, and (d)The crime is connected to the victim’s inability to manage his or her financial resources or to resist fraud or undue influence, and (e)The victim suffers from that inability as a result of deficits in one or more of the following mental functions: _____ INSTRUCTIONS TO PEACE OFFICER: CHECK ALL BLOCKS THAT APPLY: _____ [A] ALERTNESS AND ATTENTION _____ ◻1. Levels of arousal. (Lethargic, responds only to vigorous and persistent stimulation, stupor.) _____ ◻2. Orientation. Person ______ Time _______ (day, date, month, season, year),Place _______ (address, town, state),Situation ___________ (why am I here?). _____ ◻3. Ability to attend and concentrate. (Give detailed answers from memory, mental ability required to thread a needle.) _____ [B] INFORMATION PROCESSING Ability to: _____ ◻1. Remember, i.e., short– and long–term memory, immediate recall. (Deficits reflected by: forgets question before answering, cannot recall names, relatives, past presidents, events of past 24 hours.) _____ ◻2. Understand and communicate either verbally or otherwise. (Deficits reflected by: inability to comprehend questions, follow instructions, use words correctly or name objects; nonsense words.) _____ ◻3. Recognize familiar objects and persons. (Deficits reflected by: inability to recognize familiar faces, objects, etc.) _____ ◻4. Understand and appreciate quantities. (Perform simple calculations.) _____ ◻5. Reason using abstract concepts. (Grasp abstract aspects of his or her situation; interpret idiomatic expressions or proverbs.) _____ ◻6. Plan, organize, and carry out actions (assuming physical ability) in one’s own rational self–interest. (Break complex tasks down into simple steps and carry them out.) _____ ◻7. Reason logically. _____ [C] THOUGHT DISORDERS _____ _____ ◻1. Severely disorganized thinking. (Rambling, nonsensical, incoherent, or nonlinear thinking.) _____ _____ ◻2. Hallucinations. (Auditory, visual, olfactory.) _____ ◻3. Delusions. (Demonstrably false belief maintained without or against reason or evidence.) _____ ◻4. Uncontrollable or intrusive thoughts. (Unwanted compulsive thoughts, compulsive behavior.) _____ [D] ABILITY TO MODULATE MOOD AND AFFECT _____ _____ Pervasive and persistent or recurrent emotional state which appears severely inappropriate in degree to the patient’s circumstances. Encircle the inappropriate mood(s): Anger _____ Euphoria _____ Helplessness Anxiety _____ Depression _____ Apathy Fear _____ Hopelessness _____ Indifference Panic _____ Despair _____ _____ 5. The property at risk is identified as, but not limited to, the following: _____ Bank account located at: _____ _____ (name, telephone number, and _____ address of the bank branch) _____ Account number(s): _____ Securities/other funds located at: _____ _____ _____ _____ (name, telephone number, _____ _____ _____ and address of _____ _____ _____ financial institution) _____ _____ Account number(s): _____ Real property located at: _____ (address) _____ _____ Automobile described as: _____ (make, model/color) _____ _____ _____ _____ (license plate number and state) _____ _____ Other property described as: _____ Other property located at: 6. A criminal investigation will ◻ will not ◻ be commenced against: _____ (name, address, and telephone number) _____ for alleged financial abuse. _____ BLOCKS 1, 2, AND 3 MUST BE CHECKED IN ORDER FOR THIS DECLARATION TO BE VALID: _____ ◻1. I am a peace officer in the county identified above. _____ ◻2. I have consulted concerning this case with a supervisor in the county’s adult protective services agency who has signed below, indicating that he or she concurs that, based on the information I provided to him or her, or based on information he or she obtained independently, this declaration is warranted under the circumstances. _____ ◻3. I have consulted concerning this case with an individual qualified to perform a mental status examination. _____ Signature of Declarant Peace Officer _____ _____ _____ _____ Date _____ _____ _____ _____ Signature of Concurring Adult Protective Services Supervisor (Added by Stats. 2000, Ch. 813, Sec. 1. Effective January 1, 2001.)
  150. 2955.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 2. Estate Protection [2952 - 2955] ( Article 2 added by Stats. 2000, Ch. 813, Sec. 1. )

    Verify source ↗

    A public guardian may undertake any other proceeding that is authorized by law, and this chapter does not block or limit that.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 5. PUBLIC GUARDIAN [2900 - 2955] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Financial Abuse of Mentally Impaired Elders [2950 - 2955] ( Heading of Chapter 5 renumbered from Chapter 4 by Stats. 2007, Ch. 553, Sec. 28. ) ## ARTICLE 2. Estate Protection [2952 - 2955] ( Article 2 added by Stats. 2000, Ch. 813, Sec. 1. ) ## 2955. Nothing in this chapter shall prohibit or restrict a public guardian from undertaking any other proceeding authorized by law. (Added by Stats. 2000, Ch. 813, Sec. 1. Effective January 1, 2001.)
  151. 3.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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    This section tells when a new law applies and when the old law still controls, especially for matters, documents, and orders that existed before the operative date.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 3. (a) As used in this section: (1) “New law” means either of the following, as the case may be: (A) The act that enacted this code. (B) The act that makes a change in this code, whether effectuated by amendment, addition, or repeal of any provision of this code. (2) “Old law” means the applicable law in effect before the operative date of the new law. (3) “Operative date” means the operative date of the new law. (b) This section governs the application of a new law except to the extent otherwise expressly provided in the new law. (c) Subject to the limitations provided in this section, a new law applies on the operative date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operative date, including, but not limited to, creation of a fiduciary relationship, death of a person, commencement of a proceeding, making of an order, or taking of an action. (d) If a petition, account, report, inventory, appraisal, or other document or paper is filed before the operative date, the contents, execution, and notice thereof are governed by the old law and not by the new law; but any subsequent proceedings taken after the operative date concerning the petition, account, report, inventory, appraisal, or other document or paper, including an objection or response, a hearing, an order, or other matter relating thereto is governed by the new law and not by the old law. (e) If an order is made before the operative date, including an order appointing a personal representative, guardian, conservator, trustee, probate referee, or any other fiduciary or officer, or any action on an order is taken before the operative date, the validity of the order or action is governed by the old law and not by the new law. Nothing in this subdivision precludes proceedings after the operative date to modify an order made, or alter a course of action commenced, before the operative date to the extent proceedings for modification of an order or alteration of a course of action of that type are otherwise provided by statute. (f) No personal representative, guardian, conservator, trustee, probate referee, or any other fiduciary, officer, or person is liable for any action taken before the operative date that was proper at the time the action was taken, even though the action would be improper if taken on or after the operative date, and such a person has no duty, as a result of the enactment of the new law, to take any step to alter the course of action or its consequences. (g) If the new law does not apply to a matter that occurred before the operative date, the old law continues to govern the matter notwithstanding its amendment or repeal by the new law. (h) If a party shows, and the court determines, that application of a particular provision of the new law or of the old law in the manner required by this section or by the new law would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons in connection with an event that occurred or circumstance that existed before the operative date, the court may, notwithstanding this section or the new law, apply either the new law or the old law to the extent reasonably necessary to mitigate the substantial interference. (Enacted by Stats. 1990, Ch. 79.)
  152. 30.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    “Conservator” includes a limited conservator.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 30. “Conservator” includes a limited conservator. (Enacted by Stats. 1990, Ch. 79.)
  153. 300.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 9. TRUST COMPANY AS FIDUCIARY [300 - 301] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    A trust company may be appointed to serve in several fiduciary roles, but it cannot be appointed as guardian or conservator of a ward’s or conservatee’s person.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 9. TRUST COMPANY AS FIDUCIARY [300 - 301] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 300. A trust company may be appointed to act as a personal representative, guardian or conservator of an estate, trust director, or trustee, in the same manner as an individual. A trust company may not be appointed guardian or conservator of the person of a ward or conservatee. (Amended by Stats. 2023, Ch. 721, Sec. 1. (SB 801) Effective January 1, 2024.)
  154. 3000.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    This section says the definitions in this article control how this part is read, unless the provision or context requires otherwise.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3000. Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)
  155. 3002.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    This section defines “community property” to include community real property, community personal property, and certain community property businesses.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3002. “Community property” means community real property and community personal property, including, but not limited to, a community property business that is or was under the primary management and control of one of the spouses. (Amended by Stats. 1996, Ch. 877, Sec. 1. Effective January 1, 1997.)
  156. 3004.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “conservator” for this part of the Probate Code.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3004. “Conservator” means conservator of the estate, or limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator, and includes the guardian of the estate of a married minor. (Enacted by Stats. 1990, Ch. 79.)
  157. 3006.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Conservatorship estate” includes the guardianship estate of a married minor.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3006. “Conservatorship estate” includes the guardianship estate of a married minor. (Enacted by Stats. 1990, Ch. 79.)
  158. 3008.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “conservatorship proceeding” to include a conservatorship of the estate proceeding and a guardianship of the estate proceeding of a married minor.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3008. “Conservatorship proceeding” means conservatorship of the estate proceeding and includes a guardianship of the estate proceeding of a married minor. (Enacted by Stats. 1990, Ch. 79.)
  159. 301.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 9. TRUST COMPANY AS FIDUCIARY [300 - 301] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    A trust company appointed as a personal representative, guardian, or conservator of an estate may not be required to give a bond.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 9. TRUST COMPANY AS FIDUCIARY [300 - 301] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 301. (a) A trust company appointed to act as a personal representative, or guardian or conservator of an estate, may not be required to give a bond. (b) The liability of a trust company and the manner of its making of oaths and affidavits are governed by Article 3 (commencing with Section 1540) of Chapter 12 of Division 1 of, and Section 1587 of, the Financial Code. (Enacted by Stats. 1990, Ch. 79.)
  160. 3012.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A spouse generally has legal capacity to manage and control community property and to join in or consent to community-property transactions, unless subdivision (b) says the spouse lacks that capacity.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [3000 - 3012] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3012. (a) Unless the spouse lacks legal capacity under the applicable standard prescribed in subdivision (b), a spouse has legal capacity to: (1) Manage and control community property, including legal capacity to dispose of community property. (2) Join in or consent to a transaction involving community property. (b) A spouse lacks legal capacity to: (1) Manage and control, including legal capacity to dispose of, community property if the spouse is substantially unable to manage or control the community property. (2) Join in or consent to a transaction involving community property if the spouse does not have legal capacity for the particular transaction measured by principles of law otherwise applicable to the particular transaction. (3) Do any act, or engage in any activity, described in paragraph (1) or (2) if the spouse has a conservator. (c) Nothing in this section shall be construed to deny a spouse, whether or not lacking legal capacity, any of the following: (1) The right to control an allowance provided under Section 2421. (2) The right to control wages or salary to the extent provided in Section 2601. (3) The right to make a will. (4) The right to enter into transactions to the extent reasonable to provide the necessities of life to the spouse, the other spouse, and the minor children of the spouses. (Enacted by Stats. 1990, Ch. 79.)
  161. 3020.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. General Provisions [3020 - 3023] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    Community property proceeds, rents, issues, and profits covered by this division remain community property, and the division does not change spouses’ rights except as this part provides.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. General Provisions [3020 - 3023] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3020. (a) The proceeds, rents, issues, and profits of community property dealt with or disposed of under this division, and any property taken in exchange for the community property or acquired with the proceeds, are community property. (b) Except as provided in this part for the management, control, and disposition of community property, nothing in this division alters the rights of the spouses in community property or in the proceeds, rents, issues, or profits of community property. (Enacted by Stats. 1990, Ch. 79.)
  162. 3023.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. General Provisions [3020 - 3023] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court handling a conservatorship may decide whether property is community or separate property, but it must stop if a proper objection is established, and it must abate the hearing if a related civil action is pending and a party requests it unless the civil action was filed to delay the case.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and General Provisions [3000 - 3023] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. General Provisions [3020 - 3023] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3023. (a) Except as provided in subdivisions (b) and (c), where one or both of the spouses has a conservator, the court in which any of the conservatorship proceedings is pending may hear and determine whether property is community property or the separate property of either spouse when the issue is raised in any proceeding under this division. (b) Any person having or claiming title to or an interest in the property, at or prior to the hearing on the issue, may object to the hearing if the court is not the proper court under any other provision of law for the trial of an action to determine the issue. If the objection is established, the court shall not hear and determine the issue. (c) Except as provided in subdivision (d), if a civil action is pending with respect to the issue and jurisdiction has been obtained in the court in which the civil action is pending, upon request of any party to the civil action, the court shall abate the hearing until the conclusion of the civil action. (d) The court need not abate the hearing if the court determines that the civil action was filed for the purpose of delay. (Enacted by Stats. 1990, Ch. 79.)
  163. 3051.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Management, Control, and Disposition Generally [3051 - 3057] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says a spouse’s community property management rights are not affected by the other spouse’s lack of legal capacity, and it sets rules for conservatorships involving community property.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Management, Control, and Disposition Generally [3051 - 3057] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3051. (a) Subject to Section 3071, the right of a spouse to manage and control community property, including the right to dispose of community property, is not affected by the lack or alleged lack of legal capacity of the other spouse. (b) Except as provided in subdivision (c), if one spouse has legal capacity and the other has a conservator: (1) The spouse who has legal capacity has the exclusive management and control of the community property including, subject to Section 3071, the exclusive power to dispose of the community property. (2) The community property is not part of the conservatorship estate. (c) If one spouse has legal capacity and the other has a conservator, the spouse having legal capacity may consent, by a writing filed in the proceeding, that all or part of the community property be included in and, subject to Section 3071, be managed, controlled, and disposed of as a part of the conservatorship estate. (d) Except as provided in subdivision (e), if both spouses have conservators, an undivided one-half interest in the community property shall be included in and, subject to Section 3071, be managed, controlled, and disposed of as a part of the conservatorship estate of each spouse. (e) If both spouses have conservators, when authorized by order of the court in which any of the conservatorship proceedings is pending, the conservators may agree in writing that all or specific parts of the community property shall be included in the conservatorship estate of one or the other of the spouses and, subject to Section 3071, be managed, controlled, and disposed of as a part of the conservatorship estate of that spouse. (Enacted by Stats. 1990, Ch. 79.)
  164. 3054.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Management, Control, and Disposition Generally [3051 - 3057] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court may order changes to how a spouse’s community property is included in a conservatorship estate, including excluding property, allowing revocation of consent, ending continued inclusion, or making other appropriate orders.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Management, Control, and Disposition Generally [3051 - 3057] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3054. When community property is included or proposed to be included in the conservatorship estate of a spouse, the court in which the conservatorship proceeding is pending, upon its own motion or upon petition of a spouse having legal capacity or the conservator of either spouse and upon such notice to such persons as the court prescribes, may do any of the following: (a) Determine that the inclusion of some or all of the community property that is proposed to be included in the conservatorship estate would not be in the best interest of the spouses or their estates and order that such property not be included. (b) Permit revocation of a written consent for inclusion of property in the conservatorship estate, with or without terms or conditions. (c) Determine that the continued inclusion of some or all of the community property in the conservatorship estate is not in the best interest of the spouses or their estates and order that the inclusion of such property in the conservatorship estate be terminated, with or without terms or conditions. (d) Make such other orders as may be appropriate for the orderly administration of the conservatorship estate or to protect the interests of the spouses. (Enacted by Stats. 1990, Ch. 79.)
  165. 3055.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Management, Control, and Disposition Generally [3051 - 3057] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Consent to include community property in a spouse’s conservatorship estate ends if either spouse dies.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Management, Control, and Disposition Generally [3051 - 3057] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3055. (a) If consent is given under this article that community property be included in the conservatorship estate of a spouse, the death of either spouse terminates the consent. (b) If a spouse consents under this article that community property be included in the conservatorship estate of the other spouse: (1) Subject to paragraph (2), the subsequent lack of legal capacity of the spouse giving the consent has no effect on the inclusion of the property in the conservatorship estate of the other spouse. (2) The appointment of a conservator for the spouse giving the consent terminates the consent. (Enacted by Stats. 1990, Ch. 79.)
  166. 3056.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Management, Control, and Disposition Generally [3051 - 3057] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A conservator has the same powers and duties over community property in a conservatorship estate as over other estate property, unless this part says otherwise and subject to Section 3071.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Management, Control, and Disposition Generally [3051 - 3057] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3056. Except as otherwise provided in this part and subject to Section 3071, when community property is included in a conservatorship estate under this article for the purpose of management, control, and disposition, the conservator has the same powers and duties with respect to such property as the conservator has with respect to other property of the conservatorship estate. (Enacted by Stats. 1990, Ch. 79.)
  167. 3057.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Management, Control, and Disposition Generally [3051 - 3057] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    An interested person may sue on behalf of a spouse who lacks legal capacity and has no conservator, and a conservator must stay reasonably informed about community property management and disposition.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Management, Control, and Disposition Generally [3051 - 3057] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3057. (a) Where a spouse lacks legal capacity and does not have a conservator, any interested person who has knowledge or reason to believe that the rights of such spouse in the community property are being prejudiced may bring an action on behalf of such spouse to enforce the duty imposed by Sections 721 and 1100 of the Family Code with respect to the management and control of the community property and to obtain such relief as may be appropriate. (b) If one spouse has a conservator and the other spouse is managing or controlling community property, the conservator has the duty to keep reasonably informed concerning the management and control, including the disposition, of the community property. If the conservator has knowledge or reason to believe that the rights of the conservatee in the community property are being prejudiced, the conservator may bring an action on behalf of the conservatee to enforce the duty imposed by Sections 721 and 1100 of the Family Code with respect to the management and control of the community property and to obtain such relief as may be appropriate. (Amended by Stats. 1992, Ch. 163, Sec. 126. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  168. 3070.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Substitute for Joinder or Consent Requirements [3070 - 3074] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If this article’s requirements are met for a transaction described in Section 3071, the transaction is treated as satisfying the joinder or consent requirements of the referenced statute.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Substitute for Joinder or Consent Requirements [3070 - 3074] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3070. If the requirements of this article are satisfied with respect to a transaction described in Section 3071, the transaction is deemed to satisfy the joinder or consent requirements of the statute referred to in that section. (Enacted by Stats. 1990, Ch. 79.)
  169. 3071.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Substitute for Joinder or Consent Requirements [3070 - 3074] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a transaction needs both spouses’ joinder or consent and one or both lacks legal capacity, this section provides alternative ways to satisfy that requirement.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Substitute for Joinder or Consent Requirements [3070 - 3074] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3071. (a) In case of a transaction for which the joinder or consent of both spouses is required by Section 1100 or 1102 of the Family Code or by any other statute, if one or both spouses lacks legal capacity for the transaction, the requirement of joinder or consent shall be satisfied as provided in this section. (b) Where one spouse has legal capacity for the transaction and the other spouse has a conservator, the requirement of joinder or consent is satisfied if both of the following are obtained: (1) The joinder or consent of the spouse having legal capacity. (2) The joinder or consent of the conservator of the other spouse given in compliance with Section 3072. (c) Where both spouses have conservators, the joinder or consent requirement is satisfied by the joinder or consent of each such conservator given in compliance with Section 3072. (d) In any case, the requirement of joinder or consent is satisfied if the transaction is authorized by an order of court obtained in a proceeding pursuant to Chapter 3 (commencing with Section 3100). (Amended by Stats. 1992, Ch. 163, Sec. 127. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  170. 3072.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Substitute for Joinder or Consent Requirements [3070 - 3074] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A conservator generally may join in or consent to a Section 3071 transaction only after court authorization, except for a limited exception allowing consent without court authorization for certain community personal property transactions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Substitute for Joinder or Consent Requirements [3070 - 3074] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3072. (a) Except as provided in subdivision (b), a conservator may join in or consent to a transaction under Section 3071 only after authorization by either of the following: (1) An order of the court obtained in the conservatorship proceeding upon a petition filed pursuant to Section 2403 or under Article 7 (commencing with Section 2540) or 10 (commencing with Section 2580) of Chapter 6 of Part 4. (2) An order of the court made in a proceeding pursuant to Chapter 3 (commencing with Section 3100). (b) A conservator may consent without court authorization to a sale, conveyance, or encumbrance of community personal property requiring consent under subdivision (c) of Section 1100 of the Family Code if the conservator could sell or transfer the property under Section 2545 without court authorization if the property were a part of the conservatorship estate. (Amended by Stats. 1993, Ch. 219, Sec. 223. Effective January 1, 1994.)
  171. 3073.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Substitute for Joinder or Consent Requirements [3070 - 3074] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A spouse with legal capacity, or a conservator acting for a spouse, must make joinder or consent for Section 3071 transactions in the manner required by the applicable Family Code section or other applicable statute.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Substitute for Joinder or Consent Requirements [3070 - 3074] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3073. (a) The joinder or consent under Section 3071 of a spouse having legal capacity shall be in a manner that complies with Section 1100 or 1102 of the Family Code or other statute that applies to the transaction. (b) The joinder or consent under Section 3071 of a conservator shall be in the same manner as a spouse would join in or consent to the transaction under the statute that applies to the transaction except that the joinder or consent shall be executed by the conservator and shall refer to the court order, if one is required, authorizing the conservator to join in or consent to the transaction. (Amended by Stats. 1993, Ch. 219, Sec. 224. Effective January 1, 1994.)
  172. 3074.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Substitute for Joinder or Consent Requirements [3070 - 3074] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A real property transaction is not affected by a spouse’s conservatorship if it is made in good faith for value and no notice of the conservatorship was recorded before the transaction in the county where the property is located.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Substitute for Joinder or Consent Requirements [3070 - 3074] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3074. Notwithstanding any other provision of this article, a transaction that affects real property, entered into by a person acting in good faith and for a valuable consideration, is not affected by the fact that one or both spouses have conservators unless a notice of the establishment of the conservatorship or conservatorships, as the case may be, has been recorded prior to the transaction in the county in which the property is located. (Enacted by Stats. 1990, Ch. 79.)
  173. 3080.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Certain people may petition the court, and the court may order a spouse to use community property income or principal for the conservatee’s support and maintenance.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3080. If one spouse has a conservator and the other spouse has the management or control of community property, the conservator or conservatee, a relative or friend of the conservatee, or any interested person may file a petition under this article in the court in which the conservatorship proceeding is pending for an order requiring the spouse who has the management or control of community property to apply the income or principal, or both, of the community property to the support and maintenance of the conservatee as ordered by the court. (Enacted by Stats. 1990, Ch. 79.)
  174. 3081.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If the spouse who manages or controls community property is not the conservator, the petitioner must serve that spouse with notice of the hearing and a copy of the petition.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3081. (a) 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. (b) If the spouse who has the management or control of community property is not the conservator, the petitioner shall also cause notice of the hearing and a copy of the petition to be served on that spouse in accordance with Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
  175. 3082.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    After a petition is filed, the court may cite the spouse controlling community property to appear, and the court and petitioner may question the spouse under oath.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3082. Upon the filing of a petition under this article, the court may cite the spouse who has the management or control of community property to appear before the court, and the court and the petitioner may examine the spouse under oath concerning the community property and other matters relevant to the petition filed under this article. If the person so cited refuses to appear and submit to an examination, the court may proceed against the person as provided in Article 2 (commencing with Section 8870) of Chapter 2 of Part 3 of Division 7. Upon such examination, the court may make an order requiring the person cited to disclose his or her knowledge of the community property and other matters relevant to the petition filed under this article, and if the order is not complied with the court may proceed against the person as provided in Article 2 (commencing with Section 8870) of Chapter 2 of Part 3 of Division 7. (Enacted by Stats. 1990, Ch. 79.)
  176. 3083.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    In proceedings under this article, the court may order the spouse who controls community property to pay support for the conservatee spouse from that property, after notice and hearing.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3083. In any proceeding under this article, the court may, after notice and hearing, order the spouse who has the management or control of community property to pay from the community property such amount as the court determines is necessary to the support and maintenance of the conservatee spouse pending the determination of the petition under this article. An order made pursuant to this section does not prejudice the rights of the spouses or other interested parties with respect to any subsequent order which may be made under this article. Any order made under this section may be modified or revoked at any time except as to any amount that may have accrued prior to the date of filing of the petition to modify or revoke the order. (Enacted by Stats. 1990, Ch. 79.)
  177. 3084.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    When a petition is filed under this article, the spouse who manages or controls community property must serve and file a current income and expense declaration and a current property declaration using Judicial Council family law forms.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3084. When a petition is filed under this article, the spouse having the management or control of community property shall serve and file a current income and expense declaration and a current property declaration on the forms prescribed by the Judicial Council for use in family law proceedings. (Enacted by Stats. 1990, Ch. 79.)
  178. 3085.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    While a proceeding under this article is pending, the court may issue ex parte orders on the petitioner’s application.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3085. During the pendency of any proceeding under this article, the court, upon the application of the petitioner, may issue ex parte orders: (a) Restraining the spouse having the management or control of community property from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, except in the usual course of business or for the necessities of life. (b) Requiring the spouse having the management or control of the community property to notify the petitioner of any proposed extraordinary expenditures and to account to the court for all such extraordinary expenditures. (Enacted by Stats. 1990, Ch. 79.)
  179. 3086.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    An interested person may ask for more time, and the court must grant a reasonable continuance for response, discovery, or hearing preparation.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3086. Any person interested in the proceeding under this article may request time for filing a response to the petition, for discovery proceedings, or for other preparation for the hearing, and the court shall grant a continuance for a reasonable time for any of such purposes. (Enacted by Stats. 1990, Ch. 79.)
  180. 3087.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    In a proceeding under this article, the court may decide whether property is community property or separate property if the issue is raised.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3087. In a proceeding under this article, the court may hear and determine whether property is community property or the separate property of either spouse if that issue is raised in the proceeding. (Enacted by Stats. 1990, Ch. 79.)
  181. 3088.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court may order community property income or principal to be used for a conservatee’s support, and may set periodic payments or earnings assignments. The court must consider listed spouse circumstances and the petitioner must give at least 15 days’ notice before a modification hearing.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3088. (a) The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of the community property to the support and maintenance of the conservatee, including care, treatment, and support of a conservatee who is a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, as ordered by the court. (b) In determining the amount ordered for support and maintenance, the court shall consider the following circumstances of the spouses: (1) The earning capacity and needs of each spouse. (2) The obligations and assets, including the separate property, of each spouse. (3) The duration of the marriage. (4) The age and health of the spouses. (5) The standard of living of the spouses. (6) Any other relevant factors which it considers just and equitable. (c) At the request of any interested person, the court shall make appropriate findings with respect to the circumstances. (d) The court may order the spouse who has the management or control of community property to make a specified monthly or other periodic payment to the conservator of the person of the conservatee or to any other person designated in the order. The court may order the spouse required to make the periodic payments to give reasonable security therefor. (e) (1) The court may order the spouse required to make the periodic payments to assign, to the person designated in the order to receive the payments, that portion of the earnings of the spouse due or to be due in the future as will be sufficient to pay the amount ordered by the court for the support and maintenance of the conservatee. The order operates as an assignment and is binding upon any existing or future employer upon whom a copy of the order is served. The order shall be in the form of an earnings assignment order for support prescribed by the Judicial Council for use in family law proceedings. The employer may deduct the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order. Any such assignment made pursuant to court order shall have priority as against any execution or other assignment unless otherwise ordered by the court or unless the other assignment is made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. An employer shall not use any assignment authorized by this subdivision as grounds for the dismissal of that employee. (2) As used in this subdivision, “employer” includes the United States government and any public entity as defined in Section 811.2 of the Government Code. This subdivision applies to the money and benefits described in Sections 704.110 and 704.113 of the Code of Civil Procedure to the extent that those moneys and benefits are subject to a wage assignment for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. (f) The court retains jurisdiction to modify or to vacate an order made under this section where justice requires, except as to any amount that may have accrued before the date of the filing of the petition to modify or revoke the order. At the request of any interested person, the order of modification or revocation shall include findings of fact and may be made retroactive to the date of the filing of the petition to revoke or modify, or to any date subsequent thereto. At least 15 days before the hearing on the petition to modify or vacate the order, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition, accompanied by a copy of the petition, to the spouse who has the management or control of the community property. Notice shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 to any other persons entitled to notice of the hearing under that chapter. (g) In a proceeding for dissolution of the marriage or for legal separation, the court has jurisdiction to modify or vacate an order made under this section to the same extent as it may modify or vacate an order made in the proceeding for dissolution of the marriage or for legal separation. (Amended by Stats. 2017, Ch. 319, Sec. 56. (AB 976) Effective January 1, 2018.)
  182. 3089.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If the managing spouse refuses to comply with certain support orders, the court may divide the spouses’ community and quasi-community property, and property awarded to the conservatee spouse must be transferred to that spouse’s conservator.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3089. If the spouse who has the management or control of the community property refuses to comply with any order made under this article or an order made in a separate action to provide support for the conservatee spouse, upon request of the petitioner or other interested person, the court may, in its discretion, divide the community property and the quasi-community property of the spouses, as it exists at the time of division, equally in the same manner as where a marriage is dissolved. If the property is so divided, the property awarded to each spouse is the separate property of that spouse and the court shall order that the property awarded to the conservatee spouse be transferred or paid over to the conservator of the estate of that spouse to be included in the conservatorship estate and be managed, controlled, and disposed of as a part of the conservatorship estate. The fact that property has been divided pursuant to this section has no effect on the nature of property thereafter acquired by the spouses, and the determination whether the thereafter-acquired property is community or separate property shall be made without regard to the fact that property has been divided pursuant to this section. (Enacted by Stats. 1990, Ch. 79.)
  183. 3090.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may enforce any order made under this article.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3090. Any order of the court made under this article may be enforced by the court by execution, the appointment of a receiver, contempt, or by such other order or orders as the court in its discretion may from time to time deem necessary. (Enacted by Stats. 1990, Ch. 79.)
  184. 3091.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The Judicial Council may make rules for practice and procedure in proceedings under this article.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3091. Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this article. (Enacted by Stats. 1990, Ch. 79.)
  185. 3092.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The conservator or any interested person may bring an action to enforce support duties for the spouse having a conservator, and this article adds to other available enforcement procedures.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Management, Control, and Disposition [3051 - 3092] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator [3080 - 3092] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3092. Nothing in this article affects or limits the right of the conservator or any interested person to institute an action against any person to enforce the duty otherwise imposed by law to support the spouse having a conservator. This article is permissive and in addition to any other procedure otherwise available to enforce the obligation of support. (Enacted by Stats. 1990, Ch. 79.)
  186. 3100.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [3100 - 3102] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “transaction” for this chapter and lets the court include a spouse’s separate property in the transaction for good cause.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [3100 - 3102] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3100. (a) As used in this chapter, “transaction” means a transaction that involves community real or personal property, tangible or intangible, or an interest therein or a lien or encumbrance thereon, including, but not limited to, those transactions with respect thereto as are listed in Section 3102. (b) However, if a proposed transaction involves property in which a spouse also has a separate property interest, for good cause the court may include that separate property in the transaction. (Amended by Stats. 1996, Ch. 877, Sec. 2. Effective January 1, 1997.)
  187. 3101.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [3100 - 3102] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section lets a court proceeding be used to get orders about a proposed transaction involving spouses, including determining legal capacity and, in some cases, whether the property is community or separate property.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [3100 - 3102] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3101. (a) A proceeding may be brought under this chapter for a court order authorizing a proposed transaction, whether or not the proposed transaction is one that otherwise would require the joinder or consent of both spouses, if both of the following conditions are satisfied: (1) One of the spouses is alleged to lack legal capacity for the proposed transaction, whether or not that spouse has a conservator. (2) The other spouse either has legal capacity for the proposed transaction or has a conservator. (b) A proceeding may be brought under this chapter for a court order declaring that one or both spouses has legal capacity for a proposed transaction. (c) One proceeding may be brought under this chapter under both subdivision (a) and subdivision (b). (d) In a proceeding under this chapter, the court may determine whether the property that is the subject of the proposed transaction is community property or the separate property of either spouse, but such determination shall not be made in the proceeding under this chapter if the court determines that the interest of justice requires that the determination be made in a civil action. (e) This chapter is permissive and cumulative for the transactions to which it applies. (Enacted by Stats. 1990, Ch. 79.)
  188. 3102.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [3100 - 3102] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section lists the kinds of property transactions that may be handled in a proceeding under this chapter.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [3100 - 3102] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3102. The transactions that may be the subject of a proceeding under this chapter include, but are not limited to: (a) Sale, conveyance, assignment, transfer, exchange, conveyance pursuant to a preexisting contract, encumbrance by security interest, deed of trust, mortgage, or otherwise, lease, including but not limited to a lease for the exploration for and production of oil, gas, minerals, or other substances, or unitization or pooling with other property for or in connection with such exploration and production. (b) Assignment, transfer, or conveyance, in whole or in part, in compromise or settlement of an indebtedness, demand, or proceeding to which the property may be subject. (c) Dedication or conveyance, with or without consideration, of any of the following: (1) The property to this state or any public entity in this state, or to the United States or any agency or instrumentality of the United States, for any purpose. (2) An easement over the property to any person for any purpose. (d) Conveyance, release, or relinquishment to this state or any public entity in this state, with or without consideration, of any access rights to a street, highway, or freeway from the property. (e) Consent as a lienholder to a dedication, conveyance, release, or relinquishment under subdivision (c) or (d) by the owner of property subject to the lien. (f) Conveyance or transfer, without consideration, to provide gifts for such purposes, and to such charities, relatives (including one of the spouses), friends, or other objects of bounty, as would be likely beneficiaries of gifts from the spouses. (Enacted by Stats. 1990, Ch. 79.)
  189. 3110.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Commencement of Proceeding [3110 - 3113] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A proceeding under this chapter must be started by filing a petition in superior court.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Commencement of Proceeding [3110 - 3113] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3110. (a) A proceeding under this chapter shall be brought by a petition filed in the superior court. (b) The proper county for commencement of the proceeding is the county in which a conservatorship proceeding of one of the spouses is pending. If a conservatorship proceeding is not pending, then in either of the following: (1) The county in which one or both of the spouses resides. (2) Any other county as may be in the best interests of the spouses. (Amended by Stats. 1994, Ch. 806, Sec. 20. Effective January 1, 1995.)
  190. 3111.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Commencement of Proceeding [3110 - 3113] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    Certain spouses and conservators may file or join a petition under this chapter; if the petition asks for approval of a proposed transaction, at least one petitioner must be a conservator or a spouse with legal capacity for the transaction.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Commencement of Proceeding [3110 - 3113] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3111. (a) Except as provided in subdivision (b), any of the following persons may file, or join in, a petition under this chapter: (1) Either spouse, whether or not the spouse has legal capacity. (2) The conservator of either spouse. (b) If the petition requests approval of a proposed transaction, at least one of the petitioners shall be either a conservator or a spouse having legal capacity for the transaction. (Enacted by Stats. 1990, Ch. 79.)
  191. 3112.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Commencement of Proceeding [3110 - 3113] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A court may choose among several options when a petitioning spouse’s legal capacity for the proposed transaction is being determined.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Commencement of Proceeding [3110 - 3113] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3112. (a) If a petitioning spouse is one whose legal capacity for the proposed transaction is to be determined in the proceeding, the court may do any of the following: (1) Permit the spouse to appear without a representative. (2) Appoint a guardian ad litem for the spouse. (3) Take such other action as the circumstances warrant. (b) If a petitioning spouse lacks legal capacity for the proposed transaction, the court may do either of the following: (1) Require the spouse to be represented by the conservator of the spouse. (2) Appoint a guardian ad litem for the spouse. (Enacted by Stats. 1990, Ch. 79.)
  192. 3113.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Commencement of Proceeding [3110 - 3113] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A proceeding under this chapter may be brought by a spouse’s conservator or by a spouse who has legal capacity for the proposed transaction.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Commencement of Proceeding [3110 - 3113] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3113. A proceeding may be brought under this chapter by the conservator of a spouse, or by a spouse having legal capacity for the proposed transaction, without the necessity of appointing a conservator for the other spouse. (Enacted by Stats. 1990, Ch. 79.)
  193. 3120.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Petition [3120 - 3123] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    A petition under this chapter may combine several proposed transactions, may include inconsistent allegations, and may request alternative relief.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Petition [3120 - 3123] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3120. (a) Several proposed transactions may be included in one petition and proceeding under this chapter. (b) The petition may contain inconsistent allegations and may request relief in the alternative. (Enacted by Stats. 1990, Ch. 79.)
  194. 3121.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Petition [3120 - 3123] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    A petition must include the listed information about the spouses, any conservator, the property, and the proposed transaction.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Petition [3120 - 3123] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3121. The petition shall set forth all of the following information: (a) The name, age, and residence of each spouse. (b) If one or both spouses is alleged to lack legal capacity for the proposed transaction, a statement that the spouse has a conservator or a statement of the facts upon which the allegation is based. (c) If there is a conservator of a spouse, the name and address of the conservator, the county in which the conservatorship proceeding is pending, and the court number of the proceeding. (d) If a spouse alleged to lack legal capacity for the proposed transaction is a patient in or on leave of absence from a state institution under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the name and address of the institution. (e) The names and addresses of all of the following persons: (1) Relatives within the second degree of each spouse alleged to lack legal capacity for the proposed transaction. (2) If the petition is to provide gifts or otherwise affect estate planning of the spouse who is alleged to lack capacity, as would be properly the subject of a petition under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 (substituted judgment) in the case of a conservatorship, the names and addresses of the persons identified in Section 2581. (f) A sufficient description of the property that is the subject of the proposed transaction. (g) An allegation that the property is community property, and, if the proposed transaction involves property in which a spouse also has a separate property interest, an allegation of good cause to include that separate property in the transaction. (h) The estimated value of the property. (i) The terms and conditions of the proposed transaction, including the names of all parties thereto. (j) The relief requested. (Amended by Stats. 2012, Ch. 440, Sec. 52. (AB 1488) Effective September 22, 2012.)
  195. 3122.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Petition [3120 - 3123] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    If a proceeding seeks a court order for a proposed transaction, the petition must include specified allegations and supporting facts.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Petition [3120 - 3123] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3122. If the proceeding is brought for a court order authorizing a proposed transaction, the petition shall set forth, in addition to the information required by Section 3121, all of the following: (a) An allegation that one of the spouses has a conservator or facts establishing lack of legal capacity of the spouse for the proposed transaction. (b) An allegation that the other spouse has legal capacity for the proposed transaction or has a conservator. (c) An allegation that each spouse either: (1) joins in or consents to the proposed transaction, (2) has a conservator, or (3) is substantially unable to manage his or her financial resources or resist fraud or undue influence. (d) Facts that may be relied upon to show that the authorization sought is for one or more of the following purposes: (1) The advantage, benefit, or best interests of the spouses or their estates. (2) The care and support of either spouse or of such persons as either spouse may be legally obligated to support. (3) The payment of taxes, interest, or other encumbrances or charges for the protection and preservation of the community property. (4) The providing of gifts for such purposes, and to such charities, relatives (including one of the spouses), friends, or other objects of bounty, as would be likely beneficiaries of gifts from the spouses. (Enacted by Stats. 1990, Ch. 79.)
  196. 3123.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Petition [3120 - 3123] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    If a proceeding seeks a court order declaring that one or both spouses has legal capacity for a proposed transaction, the petition must include an allegation of that legal capacity, along with the information required by Section 3121.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Petition [3120 - 3123] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3123. If the proceeding is brought for a court order declaring that one or both spouses has legal capacity for a proposed transaction, the petition shall set forth, in addition to the information required by Section 3121, an allegation of the legal capacity of such spouse or spouses for the proposed transaction. (Enacted by Stats. 1990, Ch. 79.)
  197. 3130.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Citation and Notice of Hearing [3130 - 3131] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    The clerk must issue and serve a citation on the nonpetitioning spouse, and the petition must be served at least 15 days before the hearing. If the spouse has a conservator, the petitioner serves the conservator instead, unless the court orders otherwise.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Citation and Notice of Hearing [3130 - 3131] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 3130. (a) Except as provided in subdivision (b), upon the filing of the petition, the clerk shall issue a citation to each nonpetitioning spouse alleged to lack legal capacity for the proposed transaction, setting forth the time and place of hearing. The citation and a copy of the petition shall be served upon the spouse at least 15 days before the hearing. (b) Unless the court otherwise orders, if a spouse alleged to lack legal capacity for the proposed transaction has a conservator, no citation to the spouse need be issued, and the petitioner shall cause a notice of the time and place of the hearing on the petition, accompanied by a copy of the petition, to be served on the conservator at least 15 days before the hearing. (c) Service under this section shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
  198. 3131.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Citation and Notice of Hearing [3130 - 3131] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    The petitioner must serve notice and a copy of the petition at least 15 days before the hearing, and must deliver a hearing notice to required persons at their addresses. Service may be done in specified Civil Procedure Code ways, with other court-authorized methods, and different service is allowed if the person is outside the state.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Citation and Notice of Hearing [3130 - 3131] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 3131. (a) At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction. (b) Service under subdivision (a) shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure. (c) At least 15 days before the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition to those persons required to be named in the petition at the addresses set forth in the petition. (Amended by Stats. 2017, Ch. 319, Sec. 57. (AB 976) Effective January 1, 2018.)
  199. 3140.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. )

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    At the hearing, a served conservator must appear and represent the spouse, and the court has several discretionary powers to appoint counsel, an investigator, or other representatives, and to set or order payment of reasonable fees and costs.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 3140. (a) A conservator served pursuant to this article shall, and the Director of State Hospitals or the Director of Developmental Services given notice pursuant to Section 1461 may, appear at the hearing and represent a spouse alleged to lack legal capacity for the proposed transaction. (b) The court may, in its discretion and if necessary, appoint an investigator to review the proposed transaction and report to the court regarding its advisability. (c) If the court determines that a spouse alleged to lack legal capacity has not competently retained independent counsel, the court may in its discretion appoint the public guardian, public administrator, or a guardian ad litem to represent the interests of the spouse. (d) (1) If a spouse alleged to lack legal capacity is unable to retain legal counsel, upon request of the spouse, the court shall appoint the public defender or private counsel under Section 1471 to represent the spouse and, if that appointment is made, Section 1472 applies. (2) If the petition proposes a transfer of substantial assets to the petitioner from the other spouse and the court determines that the spouse has not competently retained independent counsel for the proceeding, the court may, in its discretion, appoint counsel for the other spouse if the court determines that appointment would be helpful to resolve the matter or necessary to protect the interests of the other spouse. (e) Except as provided in paragraph (1) of subdivision (d), the court may fix a reasonable fee, to be paid out of the proceeds of the transaction or otherwise as the court may direct, for all services rendered by privately engaged counsel, the public guardian, public administrator, or guardian ad litem, and by counsel for such persons. (f) The court may order the cost of the review and report by a court investigator pursuant to subdivision (b) to be paid out of the proceeds of the transaction or otherwise as the court may direct, if the court determines that its order would not cause a hardship. (Amended by Stats. 2012, Ch. 440, Sec. 53. (AB 1488) Effective September 22, 2012.)
  200. 3141.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. )

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    A spouse alleged to lack legal capacity and without a conservator must be brought to the hearing unless unable to attend.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 3141. (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the spouse shall be produced at the hearing unless unable to attend the hearing. (b) If the spouse is not able to attend the hearing because of medical inability, such inability shall be established (1) by the affidavit or certificate of a licensed medical practitioner or (2) if the spouse is an adherent of a religion whose tenets and practices call for reliance upon prayer alone for healing and is under treatment by an accredited practitioner of the religion, by the affidavit of the practitioner. (c) Emotional or psychological instability is not good cause for absence of the spouse from the hearing unless, by reason of such instability, attendance at the hearing is likely to cause serious and immediate physiological damage. (Enacted by Stats. 1990, Ch. 79.)

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