DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400. - 3925.]

Division 4 enacted by Stats. 1990, Ch. 79.

§§ 1400–3925 · 603 sections

PART 1. DEFINITIONS AND GENERAL PROVISIONS §§ 1400–1490 · 40 sections
1. CHAPTER 1. Short Title and Definitions §§ 1400–1449 · 13 sections
  - § 1400 The portion of this division consisting of Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), Part 3 (commencing with Section 1800),…
  - § 1401 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
  - § 1403 “Absentee” means either of the following: (a) A member of a uniformed service covered by United States Code, Title 37, Chapter 10, who is determined thereunder…
  - § 1418 “Court,” when used in connection with matters in the guardianship or conservatorship proceeding, means the court in which such proceeding is pending.
  - § 1419 “Court investigator” means the person referred to in Section 1454.
  - § 1419.5 “Custodial parent” means the parent who either (a) has been awarded sole legal and physical custody of the child in another proceeding, or (b) with whom the…
  - § 1420 “Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue,…
  - § 1424 “Interested person” includes, but is not limited to: (a) Any interested state, local, or federal entity or agency. (b) Any interested public officer or…
  - § 1430 “Petition” includes an application or request in the nature of a petition.
  - § 1431 “Proceedings to establish a limited conservatorship” include proceedings to modify or revoke the powers or duties of a limited conservator.
  - § 1440 “Secretary concerned” has the same meaning as provided in United States Code, Title 37, Section 101.
  - § 1446 “Single-premium deferred annuity” means an annuity offered by an admitted life insurer for the payment of a one-time lump-sum premium and for which the insurer…
  - § 1449 (a) As used in this division, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian…
2. CHAPTER 2. General Provisions §§ 1452–1459.5 · 11 sections
  - § 1452 Except as otherwise specifically provided in this division, there is no right to trial by jury in proceedings under this division.
  - § 1453 A motion for a new trial may be made only in cases in which, under the provisions of this division, a right to jury trial is expressly granted, whether or not…
  - § 1454 (a) The court shall appoint a court investigator when one is required for the purposes of a proceeding under this division. The person appointed as the court…
  - § 1455 Any petition for instructions or to grant a guardian or a conservator any power or authority under this division, which may be filed by a guardian or…
  - § 1456 (a) In addition to any other requirements that are part of the judicial branch education program, on or before January 1, 2008, the Judicial Council shall…
  - § 1456.2 On or before January 1, 2010, the public conservator shall comply with the continuing education requirements that are established by the California State…
  - § 1456.5 Each court shall ensure compliance with the requirements of filing the inventory and appraisal and the accountings required by this division. Courts may comply…
  - § 1457 In order to assist relatives and friends who may seek appointment as a nonprofessional conservator or guardian the Judicial Council shall, on or before January…
  - § 1458 (a) On or before January 1, 2027, the Judicial Council shall report to the Legislature the findings of a study measuring court effectiveness in conservatorship…
  - § 1459 (a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized Indian…
  - § 1459.5 (a) The Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) shall apply to the following guardianship or conservatorship proceedings under this division…
3. CHAPTER 3. Notices §§ 1460–1469 · 9 sections
  - § 1460 (a) Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving…
  - § 1460.1 Notwithstanding any other provision of this division, no notice is required to be given to any child under the age of 12 years if the court determines either…
  - § 1460.2 (a) If the court or petitioner knows or has reason to know that the proposed ward or conservatee may be an Indian child, notice shall comply with subdivision…
  - § 1461 (a) As used in this section, “director” means: (1) The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the…
  - § 1461.4 (a) The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the…
  - § 1461.5 Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition,…
  - § 1461.7 Unless the court for good cause dispenses with such notice, notice of the time and place of the hearing on a petition, report, or account, together with a copy…
  - § 1467 If service is made by mail pursuant to this division in the manner authorized in Section 415.30 of the Code of Civil Procedure, the service is complete on the…
  - § 1469 Where a provision of this division applies the provisions of this code applicable to personal representatives to proceedings under this division, a reference…
4. CHAPTER 4. Appointment of Legal Counsel §§ 1470–1474 · 4 sections
  - § 1470 (a) The court may appoint private legal counsel for a ward, a proposed ward, a conservatee, or a proposed conservatee in any proceeding under this division if…
  - § 1471 (a) If a conservatee, proposed conservatee, or person alleged to lack legal capacity is not represented by legal counsel and does not plan to retain counsel,…
  - § 1472 (a) If a person is furnished legal counsel under Section 1471: (1) The court shall, upon conclusion of the matter, fix a reasonable sum for compensation and…
  - § 1474 If an Indian custodian or biological parent of an Indian child lacks the financial ability to retain counsel and requests the appointment of counsel in…
5. CHAPTER 5. Transitional Provisions §§ 1488–1490 · 3 sections
  - § 1488 If before January 1, 1981, an adult has in a signed writing nominated a person to serve as guardian if a guardian is in the future appointed for such adult,…
  - § 1489 If, before January 1, 1981, a parent or other person has in a signed writing appointed a person to serve as the guardian of the person or estate or both of a…
  - § 1490 Except as set forth in Section 1510.1, when used in any statute of this state with reference to an adult or to the person of a married minor, “guardian” means…
PART 2. GUARDIANSHIP §§ 1500–1611 · 26 sections
1. CHAPTER 1. Establishment of Guardianship §§ 1500–1543 · 21 sections
  1. ARTICLE 1. Nomination of Guardian §§ 1500–1502 · 4 sections
    § 1500 Subject to Section 1502, a parent may nominate a guardian of the person or estate, or both, of a minor child in either of the following cases: (a) Where the…
    § 1500.1 (a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent…
    § 1501 Subject to Section 1502, a parent or any other person may nominate a guardian for property that a minor receives from or by designation of the nominator…
    § 1502 (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a…
  2. ARTICLE 2. Appointment of Guardian Generally §§ 1510–1517 · 13 sections
    § 1510 (a) A relative or other person on behalf of the minor, or the minor if 12 years of age or older, may file a petition for the appointment of a guardian of the…
    § 1510.1 (a) (1) With the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but…
    § 1511 (a) Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time…
    § 1512 Within 10 days after the petitioner in the guardianship proceeding becomes aware of any proceeding not disclosed in the guardianship petition affecting the…
    § 1513 (a) Unless waived by the court for good cause, a court investigator, probation officer, or domestic relations investigator shall make an investigation and file…
    § 1513.1 (a) Each court or county shall assess (1) the parent, parents, or other person charged with the support and maintenance of the ward or proposed ward, and (2)…
    § 1513.2 (a) To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes…
    § 1514 (a) Upon hearing of the petition, if it appears necessary or convenient, the court may appoint a guardian of the person or estate of the proposed ward or both.…
    § 1514.5 Notwithstanding any other provision of law, except provisions of law governing the retention and storage of data, a family law court shall, upon request from…
    § 1515 Notwithstanding any other provision of this part, no guardian of the person may be appointed for a minor who is married or whose marriage has been dissolved.…
    § 1516 (a) In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy…
    § 1516.5 (a) A proceeding to have a child declared free from the custody and control of one or both parents may be brought in accordance with the procedures specified…
    § 1517 (a) This part does not apply to guardianships resulting from the selection and implementation of a permanent plan pursuant to Section 366.26 of the Welfare and…
  3. ARTICLE 3. Nonrelative Guardianships §§ 1540–1543 · 4 sections
    § 1540 This article does not apply in any of the following cases: (a) Where the petition is for guardianship of the estate exclusively. (b) Where the proposed…
    § 1541 In addition to the other required contents of the petition for appointment of a guardian, the petition shall include both of the following: (a) A statement by…
    § 1542 In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of…
    § 1543 (a) If the petition as filed or as amended states that an adoption petition has been filed, a report with respect to the suitability of the proposed guardian…
2. CHAPTER 2. Termination §§ 1600–1602 · 3 sections
  - § 1600 (a) A guardianship of the person or estate or both terminates when the ward attains majority unless, pursuant to Section 1510.1, the ward requests the…
  - § 1601 Upon petition of the guardian, a parent, the minor ward, or, in the case of an Indian child custody proceeding, an Indian custodian or the ward’s tribe, the…
  - § 1602 (a) The Legislature hereby finds and declares that guardians perform a critical and important role in the lives of minors, frequently assuming a parental role…
3. CHAPTER 3. Permanent and Stable Home §§ 1610–1611 · 2 sections
  - § 1610 (a) The Legislature finds and declares that it is in the best interests of children to be raised in a permanent, safe, stable, and loving environment. (b)…
  - § 1611 If a person files a petition for visitation, termination of the guardianship, or instruction to the guardian that is unmeritorious, or intended to harass or…
PART 3. CONSERVATORSHIP §§ 1800–2033 · 134 sections
1. CHAPTER 1. Establishment of Conservatorship §§ 1800–1849.5 · 39 sections
  1. ARTICLE 1. Persons for Whom Conservator May Be Appointed §§ 1800–1804 · 6 sections
    § 1800 It is the intent of the Legislature in enacting this chapter to do the following: (a) Protect the rights of persons who are placed under conservatorship. (b)…
    § 1800.3 (a) If the need therefor is established to the satisfaction of the court and the other requirements of this chapter are satisfied, the court may appoint: (1) A…
    § 1801 Subject to Section 1800.3: (a) A conservator of the person may be appointed for a person who is unable to provide properly for his or her personal needs for…
    § 1802 Subject to Section 1800.3, a conservator of the person or estate, or both, may be appointed for a person who voluntarily requests the appointment and who, to…
    § 1803 A conservator of the estate may be appointed for a person who is an absentee as defined in Section 1403.
    § 1804 Subject to Section 1800.3, a conservator of the estate may be appointed for a person who is missing and whose whereabouts is unknown.
  2. ARTICLE 2. Order of Preference for Appointment of Conservator §§ 1810–1813.1 · 5 sections
    § 1810 If the proposed conservatee has sufficient capacity at the time to form an intelligent preference, the proposed conservatee may nominate a conservator in the…
    § 1811 (a) Subject to Sections 1813 and 1813.1, the spouse, domestic partner, or an adult child, parent, brother, or sister of the proposed conservatee may nominate a…
    § 1812 (a) Subject to Sections 1810, 1813, and 1813.1, the selection of a conservator of the person or estate, or both, is solely in the discretion of the court and,…
    § 1813 (a) (1) The spouse of a proposed conservatee may not petition for the appointment of a conservator for a spouse or be appointed as conservator of the person or…
    § 1813.1 (a) (1) The domestic partner of a proposed conservatee may not petition for the appointment of a conservator for a domestic partner or be appointed as…
  3. ARTICLE 3. Establishment of Conservatorship §§ 1820–1836 · 17 sections
    § 1820 (a) A petition for the appointment of a conservator may be filed by any of the following: (1) The proposed conservatee. (2) The spouse or domestic partner of…
    § 1821 (a) (1) The petition shall request that a conservator be appointed for the person or estate, or both, shall specify the name, address, and telephone number of…
    § 1822 (a) At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as…
    § 1823 (a) If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting…
    § 1824 The citation and a copy of the petition shall be served on the proposed conservatee at least 15 days before the hearing. Service shall be made in the manner…
    § 1825 (a) The proposed conservatee shall be produced at the hearing except in the following cases: (1) Where the proposed conservatee is out of the state when served…
    § 1826 (a) Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following: (1) Conduct the following…
    § 1827 The court shall hear and determine the matter of the establishment of the conservatorship according to the law and procedure relating to the trial of civil…
    § 1827.5 (a) In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a…
    § 1828 (a) Except as provided in subdivision (c), before the establishment of a conservatorship of the person or estate, or both, the court shall inform the proposed…
    § 1828.5 (a) At the hearing on the petition for appointment of a limited conservator for an allegedly developmentally disabled adult, the court shall do each of the…
    § 1829 Any of the following persons may appear at the hearing to support or oppose the petition: (a) The proposed conservatee. (b) The spouse or registered domestic…
    § 1830 (a) The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of: (1) The conservator. (2) The…
    § 1834 (a) Before letters are issued in a conservatorship that originates in this state or a conservatorship that is transferred to this state under Chapter 8…
    § 1835 (a) Every superior court shall provide all conservators with written information concerning a conservator’s rights, duties, limitations, and responsibilities…
    § 1835.5 (a) Within 30 days of the establishment of a conservatorship under this division, and annually thereafter, the superior court shall provide information to a…
    § 1836 (a) Upon appropriation by the Legislature, the Judicial Council shall establish a conservatorship alternatives program within each self-help center in every…
  4. ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee §§ 1840–1844 · 5 sections
    § 1840 Except as otherwise provided in this article, a conservator for an absentee (Section 1403) shall be appointed as provided in Article 3 (commencing with Section…
    § 1841 In addition to the other required contents of the petition, if the proposed conservatee is an absentee: (a) The petition, and any notice required by Section…
    § 1842 In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of…
    § 1843 (a) No citation is required under Section 1823 to the proposed conservatee if the proposed conservatee is an absentee. (b) No notice is required under Section…
    § 1844 (a) In a proceeding to appoint a conservator for an absentee under Article 3 (commencing with Section 1820) of this chapter or Article 3 (commencing with…
  5. ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person §§ 1845–1849.5 · 6 sections
    § 1845 (a) Except as otherwise provided in this article, a conservator of the estate of a person who is missing and whose whereabouts is unknown shall be appointed as…
    § 1846 In addition to the other required contents of the petition, if the proposed conservatee is a person who is missing and whose whereabouts is unknown, the…
    § 1847 In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is…
    § 1848 (a) In a proceeding under Article 3 (commencing with Section 1820) to appoint a conservator of the estate of a person who is missing and whose whereabouts is…
    § 1849 A conservator of the estate of a person who is missing and whose whereabouts is unknown may be appointed only if the court finds all of the following: (a) The…
    § 1849.5 (a) A petition may be filed under this article regardless of when the proposed conservatee became missing or how long the proposed conservatee has been…
2. CHAPTER 2. Periodic Review of Conservatorship §§ 1850–1853 · 9 sections
  - § 1850 (a) Except as provided in subdivision (e), each conservatorship established pursuant to this part shall be reviewed by the court as follows: (1) Six months…
  - § 1850.5 (a) Notwithstanding Section 1850, each limited conservatorship for a developmentally disabled adult, as defined in subdivision (d) of Section 1801, shall be…
  - § 1851 (a) (1) If court review is required pursuant to Section 1850 or 1850.5, the court investigator shall, without prior notice to the conservator except as ordered…
  - § 1851.1 (a) When a court issues an order provisionally granting a petition under Section 2002, the investigator appointed under Section 2002 shall promptly commence an…
  - § 1851.2 Each court shall coordinate investigations with the filing of accountings, so that investigators may review accountings before visiting conservatees, if…
  - § 1851.5 Each court shall assess each conservatee in the county for any investigation or review conducted by a court investigator with respect to that person. Subject…
  - § 1851.6 (a) Any interested person, as defined in Section 48 or any person entitled to receive notice pursuant to Section 1822, if they have personal knowledge of a…
  - § 1852 If the conservatee wishes to petition the court for termination of the conservatorship or for removal of the existing conservator or for the making,…
  - § 1853 (a) If the court investigator is unable to locate the conservatee, the court shall order the court investigator to serve notice upon the conservator of the…
3. CHAPTER 3. Termination §§ 1860–1865 · 8 sections
  - § 1860 (a) A conservatorship continues until terminated by the death of the conservatee or by order of the court pursuant to Section 1863, subject to Section 2467 and…
  - § 1860.5 (a) A limited conservatorship continues until the authority of the conservator is terminated by one of the following: (1) The death of the limited conservator.…
  - § 1861 (a) A petition for the termination of the conservatorship may be filed by any of the following: (1) The conservator. (2) The conservatee. (3) The spouse, or…
  - § 1861.5 Upon the receipt of a communication from the conservatee that the conservatee wishes to terminate the conservatorship, a court shall appoint counsel for the…
  - § 1862 (a) Notice of the hearing to consider the termination of the conservatorship shall be given for the period and in the manner provided in Chapter 3 (commencing…
  - § 1863 (a) The court shall hear and determine the matter according to the law and procedure relating to the trial of civil actions, including trial by jury if…
  - § 1864 (a) In the case of the conservatorship of an absentee as defined in Section 1403, the petition to terminate the conservatorship may also be filed by any…
  - § 1865 If the conservatee has been disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code, upon termination of the conservatorship, the court…
4. CHAPTER 4. Legal Capacity of Conservatee §§ 1870–1901 · 20 sections
  1. ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate §§ 1870–1876 · 7 sections
    § 1870 As used in this article, unless the context otherwise requires, “transaction” includes, but is not limited to, making a contract, sale, transfer, or…
    § 1871 Nothing in this article shall be construed to deny a conservatee any of the following: (a) The right to control an allowance provided under Section 2421. (b)…
    § 1872 (a) Except as otherwise provided in this article, the appointment of a conservator of the estate is an adjudication that the conservatee lacks the legal…
    § 1873 (a) In the order appointing the conservator or upon a petition filed under Section 1874, the court may, by order, authorize the conservatee, subject to Section…
    § 1874 (a) After a conservator has been appointed, a petition requesting an order under Section 1873 may be filed by any of the following: (1) The conservator. (2)…
    § 1875 A transaction that affects real property of the conservatorship estate, entered into by a person acting in good faith and for a valuable consideration and…
    § 1876 The provisions of this article relating to the legal capacity of a conservatee to bind or obligate the conservatorship estate, and the provisions of any order…
  2. ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment §§ 1880–1898 · 11 sections
    § 1880 If the court determines that there is no form of medical treatment for which the conservatee has the capacity to give an informed consent, the court shall (1)…
    § 1881 (a) A conservatee shall be deemed unable to give informed consent to any form of medical treatment pursuant to Section 1880 if, for all medical treatments, the…
    § 1890 (a) An order of the court under Section 1880 may be included in the order of appointment of the conservator if the order was requested in the petition for the…
    § 1891 (a) A petition may be filed under this article requesting that the court make an order under Section 1880 or that the court modify or revoke an order made…
    § 1892 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.
    § 1893 The conservatee shall be produced at the hearing except in the following cases: (a) Where the conservatee is out of state when served and is not the…
    § 1894 If the petition alleges that the conservatee is not willing to attend the hearing or upon receipt of an affidavit or certificate attesting to the medical…
    § 1895 (a) The conservatee, the spouse, the domestic partner, a relative, or a friend of the conservatee, the conservator, or any other interested person may appear…
    § 1896 (a) If the court determines that the order requested in the petition is proper, the court shall make the order. (b) The court, in its discretion, may provide…
    § 1897 An order of the court under Section 1880 continues in effect until the earliest of the following times: (1) The time specified in the order, if any. (2) The…
    § 1898 An order of the court under Section 1880 may be modified or revoked upon a petition made, noticed, and heard by the court in the manner provided in this…
  3. ARTICLE 3. Capacity of Conservatee to Marry §§ 1900–1901 · 2 sections
    § 1900 The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter into a registered…
    § 1901 (a) The court may by order determine whether the conservatee has the capacity to enter into a valid marriage, as provided in Part 1 (commencing with Section…
5. CHAPTER 5. Disqualification From Voting § 1910 · 1 section
  - § 1910 (a) If the court determines the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting…
6. CHAPTER 6. Sterilization §§ 1950–1969 · 21 sections
  - § 1950 The Legislature recognizes that the right to exercise choice over matters of procreation is fundamental and may not be denied to an individual on the basis of…
  - § 1951 (a) No person who has the ability to consent to his or her sterilization shall be sterilized pursuant to this chapter. (b) For the purposes of this chapter,…
  - § 1952 The conservator of an adult, or any person authorized to file a petition for the appointment of a conservator under paragraphs (2) to (5), inclusive, of…
  - § 1953 At least 90 days before the hearing on the petition under this chapter, notice of the time and place of the hearing and a copy of the petition shall be served…
  - § 1954 In any proceeding under this chapter, if the person named in the petition for court authorization to consent to sterilization has not retained legal counsel…
  - § 1954.5 (a) The court shall appoint a facilitator for the person named in the petition, who shall assist the person named in the petition to do all of the following:…
  - § 1955 (a) The court shall request the director of the appropriate regional center for the developmentally disabled to coordinate an investigation and prepare and…
  - § 1956 The person to whom the petition applies shall be present at the hearing except for reason of medical inability. Emotional or psychological instability is not…
  - § 1957 To the greatest extent possible, the court shall elicit and take into account the views of the individual for whom sterilization is proposed in determining…
  - § 1958 The court may authorize the conservator of a person proposed to be sterilized to consent to the sterilization of that person only if the court finds that the…
  - § 1959 The fact that, due to the nature or severity of his or her disability, a person for whom an authorization to consent to sterilization is sought may be…
  - § 1960 If the person named in the petition already has a conservator, the court may authorize that person to consent to sterilization or may appoint another person as…
  - § 1961 A sterilization procedure authorized under this chapter shall not include hysterectomy or castration. However, if the report prepared under Section 1955…
  - § 1962 (a) Any court order granting a petition under this chapter shall be accompanied by a written statement of decision pursuant to Section 632 of the Code of Civil…
  - § 1963 (a) At the conclusion of the hearing, the court, after inquiring into financial ability, may make an order based upon their ability that any one or more of the…
  - § 1964 An order of the court authorizing a conservator to consent to sterilization which is upheld on appeal automatically expires in one year from the final…
  - § 1965 Any court order made pursuant to this chapter granting authority to consent to sterilization shall be stayed pending a final determination on appeal.
  - § 1966 After the filing of a first petition for sterilization pursuant to this chapter and a determination by the court that any one or more of the conditions…
  - § 1967 (a) The sterilization of a person in accordance with this chapter does not render the petitioner or any person participating in the conservatorship proceedings…
  - § 1968 This chapter does not prohibit medical treatment or surgery required for other medical reasons and in which sterilization is an unavoidable or medically…
  - § 1969 Nothing in this chapter shall infringe on the right of persons with developmental disabilities who are capable of giving consent to sterilization to give that…
7. CHAPTER 7. Unwarranted Petitions § 1970 · 1 section
  - § 1970 (a) The Legislature finds that unwarranted petitions, applications, or motions other than discovery motions after a conservatorship has been established create…
8. CHAPTER 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act §§ 1980–2033 · 35 sections
  1. ARTICLE 1. General Provisions §§ 1980–1986 · 7 sections
    § 1980 (a) By enacting this chapter, it is the Legislature’s intent to enact a modified version of the Uniform Adult Guardianship and Protective Proceedings…
    § 1981 (a) (1) This chapter does not apply to a minor, regardless of whether the minor is or was married. (2) This chapter does not apply to any proceeding in which a…
    § 1982 In this chapter: (a) “Adult” means an individual who has attained 18 years of age. (b) “Conservatee” means an adult for whom a conservator of the estate, a…
    § 1983 A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5.
    § 1984 (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to…
    § 1985 (a) In a conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1)…
    § 1986 (a) In a conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be…
  2. ARTICLE 2. Jurisdiction §§ 1991–1999 · 9 sections
    § 1991 (a) In this article: (1) “Emergency” means a circumstance that likely will result in substantial harm to a proposed conservatee’s health, safety, or welfare,…
    § 1992 For a conservatorship proceeding governed by this article, this article provides the exclusive basis for determining whether the courts of this state, as…
    § 1993 (a) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if this state is the proposed conservatee’s home state. (b) A…
    § 1994 (a) A court of this state lacking jurisdiction under subdivisions (a) to (e), inclusive, of Section 1993 has special jurisdiction to do any of the following:…
    § 1995 Except as otherwise provided in Section 1994, a court that has appointed a conservator consistent with this chapter has exclusive and continuing jurisdiction…
    § 1996 (a) (1) A court of this state having jurisdiction under Section 1993 to appoint a conservator may decline to exercise its jurisdiction if it determines at any…
    § 1997 (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a conservator because of unjustifiable conduct, the court may do…
    § 1998 If a petition for the appointment of a conservator of the person, conservator of the estate, or conservator of the person and estate is brought in this state…
    § 1999 Except for a petition for the appointment of a conservator under paragraph (1) or paragraph (2) of subdivision (a) of Section 1994, if a petition for the…
  3. ARTICLE 3. Transfer of Conservatorship §§ 2001–2003 · 3 sections
    § 2001 (a) A conservator appointed in this state may petition the court to transfer the conservatorship to another state. (b) The petitioner shall give notice of a…
    § 2002 (a) (1) To confirm transfer of a conservatorship transferred to this state under provisions similar to Section 2001, the conservator shall petition the court…
    § 2003 If a conservatorship is transferred under this article from a court of this state to the court of a California tribe or from the court of a California tribe to…
  4. ARTICLE 4. Registration and Recognition of Orders from Other States §§ 2011–2019 · 9 sections
    § 2011 If a conservator of the person has been appointed in another state and a petition for the appointment of a conservator of the person is not pending in this…
    § 2012 If a conservator of the estate has been appointed in another state and a petition for a conservatorship of the estate is not pending in this state, the…
    § 2013 If a conservator of the person and estate has been appointed in another state and a petition for a conservatorship of the person, conservatorship of the…
    § 2014 (a) At least 15 days before registering a conservatorship in this state, the conservator shall provide notice of an intent to register to all of the following:…
    § 2015 Upon registration of a conservatorship pursuant to this article, the court shall provide the conservator with written information concerning a conservator’s…
    § 2016 (a) Upon registration of a conservatorship order from another state and the filing by the conservator of an acknowledgment of receipt of the written…
    § 2017 (a) A third person who acts in good faith reliance on a conservatorship order registered under this article is not liable to any person for so acting if all of…
    § 2018 (a) A file-stamped copy of the registration documents required by Section 2011, 2012, or 2013 may be recorded in the office of any county recorder in this…
    § 2019 Notwithstanding any other provision of this article: (a) A conservatorship order of a court of a California tribe can be registered under Section 2011, 2012,…
  5. ARTICLE 5. Miscellaneous Provisions §§ 2021–2024 · 4 sections
    § 2021 In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among…
    § 2022 This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (Title 15 (commencing with Section 7001) of…
    § 2023 (a) On or before January 1, 2016, the Judicial Council shall develop court rules and forms as necessary for the implementation of this chapter. (b) The…
    § 2024 (a) This chapter applies to conservatorship proceedings begun on or after January 1, 2016. (b) Articles 1, 3, and 4 and Sections 2021 and 2022 apply to…
  6. ARTICLE 6. Federally Recognized Indian Tribe §§ 2031–2033 · 3 sections
    § 2031 For the purposes of this chapter: (a) “California tribe” means an Indian tribe with jurisdiction that has tribal land located in California. (b) “Indian tribe…
    § 2032 Article 2 (commencing with Section 1991) does not apply to a proposed conservatee who is a member of an Indian tribe with jurisdiction.
    § 2033 (a) If a petition for the appointment of a conservator has been filed in a court of this state and a conservator has not yet been appointed, any person…
PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP §§ 2100–2893 · 246 sections
1. CHAPTER 1. General Provisions §§ 2100–2113 · 17 sections
  - § 2100 Guardianships and conservatorships are governed by Division 3 (commencing with Section 1000), except to the extent otherwise expressly provided by statute, and…
  - § 2101 The relationship of guardian and ward and of conservator and conservatee is a fiduciary relationship that is governed by the law of trusts, except as provided…
  - § 2102 A guardian or conservator is subject to the regulation and control of the court in the performance of the duties of the office.
  - § 2103 (a) When a judgment or order made pursuant to this division becomes final, it releases the guardian or conservator and the sureties from all claims of the ward…
  - § 2104 (a) A nonprofit charitable corporation may be appointed as a guardian or conservator of the person or estate, or both, if all of the following requirements are…
  - § 2104.1 A nonprofit charitable corporation not incorporated in this state may be appointed as the guardian of a minor if all of the following requirements are met: (a)…
  - § 2105 (a) The court, in its discretion, may appoint for a ward or conservatee: (1) Two or more joint guardians or conservators of the person. (2) Two or more joint…
  - § 2105.5 (a) Except as provided in subdivision (b), where there is more than one guardian or conservator of the estate, one guardian or conservator is not liable for a…
  - § 2106 (a) The court, in its discretion, may appoint one guardian or conservator for several wards or conservatees. (b) The appointment of one guardian or conservator…
  - § 2107 (a) Unless limited by court order, when a court of this state appoints a guardian or conservator of the person of a nonresident, the appointee has the same…
  - § 2108 (a) Except to the extent the court for good cause determines otherwise, if a guardian of the person is nominated as provided in Article 1 (commencing with…
  - § 2109 (a) Subject to Section 2108, a guardian appointed under subdivision (d) of Section 1514 for particular property upon a nomination made under Section 1501 has,…
  - § 2110 Unless otherwise provided in the instrument or in this division, a guardian or conservator is not personally liable on an instrument, including but not limited…
  - § 2111 (a) As used in this section, “transaction” means any of the following: (1) A conveyance or lease of real property of the guardianship or conservatorship…
  - § 2111.5 (a) Except as provided in subdivision (b), every court official or employee who has duties or responsibilities related to the appointment of a guardian or…
  - § 2112 (a) (1) In addition to other remedies available under statutory or common law, if the court finds that a conservator who is a professional fiduciary licensed…
  - § 2113 A conservator shall accommodate the desires of the conservatee, except to the extent that doing so would violate the conservator’s fiduciary duties to the…
2. CHAPTER 2. Jurisdiction and Venue §§ 2200–2217 · 14 sections
  1. ARTICLE 1. Jurisdiction and Venue §§ 2200–2205 · 6 sections
    § 2200 (a) The superior court has jurisdiction of guardianship and conservatorship proceedings. (b) Chapter 8 (commencing with Section 1980) of Part 3 governs which…
    § 2201 The proper county for the commencement of a guardianship or conservatorship proceeding for a resident of this state is either of the following: (a) The county…
    § 2202 (a) The proper county for the commencement of a proceeding for the guardianship or conservatorship of the person of a nonresident of this state is either of…
    § 2203 (a) If proceedings for the guardianship or conservatorship of the estate are commenced in more than one county, the guardianship or conservatorship of the…
    § 2204 (a) If a proceeding for the guardianship of the person of the minor is filed in one county and a custody or visitation proceeding has already been filed in one…
    § 2205 (a) Except as provided in Section 304 of the Welfare and Institutions Code, and subject to the provisions specified in subdivision (b), upon the filing of an…
  2. ARTICLE 2. Change of Venue §§ 2210–2217 · 8 sections
    § 2210 As used in this article: (a) “Guardian or conservator” includes a proposed guardian or proposed conservator. (b) “Ward or conservatee” includes a proposed ward…
    § 2211 The court in which a guardianship or conservatorship proceeding is pending may, upon petition therefor, transfer the proceeding to another county within this…
    § 2212 The petition for transfer may be filed only by one or more of the following: (a) The guardian or conservator. (b) The ward or conservatee. (c) The spouse of…
    § 2213 The petition for transfer shall set forth all of the following: (a) The county to which the proceeding is to be transferred. (b) The name and address of the…
    § 2214 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. In addition, the…
    § 2215 (a) Any of the following persons may appear at the hearing to support or oppose the petition and may file written objections to the petition: (1) Any person…
    § 2216 (a) Upon the order of transfer, the clerk shall transmit to the clerk of the court to which the proceeding is transferred a certified or exemplified copy of…
    § 2217 (a) When an order has been made transferring venue to another county, the court transferring the matter shall set a hearing within two months to confirm…
3. CHAPTER 3. Temporary Guardians and Conservators §§ 2250–2258 · 13 sections
  - § 2250 (a) On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or…
  - § 2250.2 (a) On or after the filing of a petition for appointment of a conservator, any person entitled to petition for appointment of the conservator may file a…
  - § 2250.4 The proposed temporary conservatee shall attend the hearing except in the following cases: (a) If the proposed temporary conservatee is out of the state when…
  - § 2250.6 (a) Regardless of whether the proposed temporary conservatee attends the hearing, the court investigator shall do all of the following before the hearing,…
  - § 2250.8 Sections 2250, 2250.4, and 2250.6 shall not apply to proceedings under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and…
  - § 2251 A temporary guardian or temporary conservator shall be issued letters of temporary guardianship or conservatorship upon taking the oath and filing the bond as…
  - § 2252 (a) Except as otherwise provided in subdivisions (b) and (c), a temporary guardian or temporary conservator has only those powers and duties of a guardian or…
  - § 2253 (a) If a temporary conservator of the person proposes to fix the residence of the conservatee at a place other than that where the conservatee resided before…
  - § 2254 (a) Notwithstanding Section 2253, a temporary conservator may remove a temporary conservatee from the temporary conservatee’s place of residence without court…
  - § 2255 (a) Except as provided in subdivision (b), an inventory and appraisal of the estate shall be filed by the temporary guardian or temporary conservator of the…
  - § 2256 (a) Except as provided in subdivision (b), the temporary guardian or temporary conservator of the estate shall present his or her account to the court for…
  - § 2257 (a) Except as provided in subdivision (b), the powers of a temporary guardian or temporary conservator terminate, except for the rendering of the account, at…
  - § 2258 A temporary guardian or temporary conservator is subject to the provisions of this division governing the suspension, removal, resignation, and discharge of a…
4. CHAPTER 4. Oath, Letters, and Bond §§ 2300–2341 · 22 sections
  1. ARTICLE 1. Requirement of Oath and Bond § 2300 · 1 section
    § 2300 Before the appointment of a guardian or conservator is effective, including, but not limited to, the appointment of a conservator under Section 2002, the…
  2. ARTICLE 2. Letters §§ 2310–2313 · 3 sections
    § 2310 (a) The appointment, the taking of the oath, and the filing of the bond, if required, shall thereafter be evidenced by the issuance of letters by the clerk of…
    § 2311 Except as otherwise required by the order of appointment, the letters of guardianship or conservatorship shall be in substantially the same form as letters of…
    § 2313 Except in temporary conservatorships, a conservator of the estate shall record a certified copy of the letters with the county recorder’s office in each county…
  3. ARTICLE 3. Bonds of Guardians and Conservators §§ 2320–2335 · 16 sections
    § 2320 (a) Except as otherwise provided by statute, every person appointed as guardian or conservator shall, before letters are issued, give a bond approved by the…
    § 2320.1 When the conservator or guardian has knowledge of facts from which the guardian or conservator knows or should know that the bond posted is less than the…
    § 2320.2 If additional bond is required by the court when the account is heard, the order approving the account and related matters, including fees, is not effective…
    § 2321 (a) Notwithstanding any other provision of law, the court in a conservatorship proceeding may not waive the filing of a bond or reduce the amount of bond…
    § 2322 One appointed only as guardian of the person or conservator of the person need not file a bond unless required by the court.
    § 2323 (a) The court may dispense with the requirement of a bond if it appears likely that the estate will satisfy the conditions of subdivision (a) of Section 2628…
    § 2324 If the person making the nomination has waived the filing of the bond, a guardian nominated under Section 1500 or 1501 need not file a bond unless required by…
    § 2325 The surety on the bond of a nonprofit charitable corporation described in Section 2104 shall be an admitted surety insurer.
    § 2326 (a) If joint guardians or conservators are appointed, the court may order that separate bonds or a joint bond or a combination thereof be furnished. (b) If a…
    § 2327 (a) In a conservatorship proceeding, the court shall order a separate bond for each conservatee, except where the assets of the conservatees are commingled in…
    § 2328 (a) In any proceeding to determine the amount of the bond of the guardian or conservator (whether at the time of appointment or subsequently), if the estate…
    § 2329 (a) If a guardian or conservator moves the court for reduction in the amount of the bond, the motion shall include an affidavit setting forth the condition of…
    § 2330 Upon the confirmation of the sale of any real property of the estate, or upon the authorization of the borrowing of money secured by a mortgage or deed of…
    § 2333 (a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the ward or…
    § 2334 Where a petition is filed requesting an order that a guardian or conservator be required to give a bond where no bond was originally required, or an objection…
    § 2335 A guardian or conservator who applies for a substitution and release of a surety shall file an account with the application. The court shall not order a…
  4. ARTICLE 4. Professional Fiduciaries §§ 2340–2341 · 2 sections
    § 2340 A superior court may not appoint a person to carry out the duties of a professional fiduciary, or permit a person to continue those duties, unless he or she…
    § 2341 This article shall become operative on July 1, 2008.
5. CHAPTER 5. Powers and Duties of Guardian or Conservator of the Person §§ 2350–2361 · 16 sections
  - § 2350 As used in this chapter: (a) “Conservator” means the conservator of the person. (b) “Guardian” means the guardian of the person. (c) “Residence” does not…
  - § 2351 (a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the…
  - § 2351.2 (a) (1) Within 120 calendar days of appointment by the court and no later than 10 days before a hearing to determine the continuation or termination of an…
  - § 2351.5 (a) Subject to subdivision (b): (1) The limited conservator has the care, custody, and control of the limited conservatee. (2) The limited conservator shall…
  - § 2352 (a) The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall select the…
  - § 2352.5 (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate…
  - § 2353 (a) Subject to subdivision (b), the guardian has the same right as a parent having legal custody of a child to give consent to medical treatment performed upon…
  - § 2354 (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her…
  - § 2355 (a) If the conservatee has been adjudicated to lack the capacity to make health care decisions, the conservator has the exclusive authority to make health care…
  - § 2356 (a) A ward or conservatee shall not be placed in a mental health treatment facility under this division against his or her will. Involuntary civil placement of…
  - § 2356.5 (a) The Legislature hereby finds and declares all of the following: (1) That a person with a major neurocognitive disorder, as defined in the last published…
  - § 2357 (a) As used in this section: (1) “Guardian or conservator” includes a temporary guardian of the person or a temporary conservator of the person. (2) “Ward or…
  - § 2358 When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions not…
  - § 2359 (a) Upon petition of the guardian or conservator or ward or conservatee or other interested person, the court may authorize and instruct the guardian or…
  - § 2360 Upon the establishment of a conservatorship by the court and annually thereafter, the conservator shall ensure that a clear photograph of the conservatee is…
  - § 2361 (a) A conservator shall provide notice of a conservatee’s death by delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice…
6. CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate §§ 2400–2595 · 89 sections
  1. ARTICLE 1. Definitions and General Provisions §§ 2400–2410 · 15 sections
    § 2400 As used in this chapter: (a) “Conservator” means the conservator of the estate, or the limited conservator of the estate to the extent that the powers and…
    § 2401 (a) The guardian or conservator, or limited conservator to the extent specifically and expressly provided in the appointing court’s order, has the management…
    § 2401.1 The guardian or conservator shall use ordinary care and diligence to determine whether the ward or conservatee owns real property in a foreign jurisdiction and…
    § 2401.3 (a) If the guardian or conservator breaches a fiduciary duty, the guardian or conservator is chargeable with any of the following that is appropriate under the…
    § 2401.5 (a) If the guardian or conservator is liable for interest pursuant to Section 2401.3, the guardian or conservator is liable for the greater of the following…
    § 2401.6 Any surcharge that a guardian or conservator incurs under the provisions of Sections 2401.3 or 2401.5 may not be paid by or offset against future fees or wages…
    § 2401.7 The provisions of Sections 2401.3 and 2401.5 for liability of a guardian or conservator for breach of a fiduciary duty do not prevent resort to any other…
    § 2402 When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions not…
    § 2403 (a) Upon petition of the guardian or conservator, the ward or conservatee, a creditor, or other interested person, the court may authorize and instruct the…
    § 2404 (a) If the guardian or conservator fails, neglects, or refuses to furnish comfortable and suitable support, maintenance, or education for the ward or…
    § 2405 If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator, or the limited conservator to…
    § 2406 If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator may enter into an agreement in…
    § 2407 This chapter applies to property owned by spouses as community property only to the extent authorized by Part 6 (commencing with Section 3000).
    § 2408 Nothing in this chapter limits or restricts any authority granted to a guardian or conservator pursuant to Article 11 (commencing with Section 2590) to…
    § 2410 On or before January 1, 2008, the Judicial Council, in consultation with the California Judges Association, the California Association of Superior Court…
  2. ARTICLE 2. Support and Maintenance of Ward or Conservatee and Dependents §§ 2420–2423 · 4 sections
    § 2420 (a) Subject to Section 2422, the guardian or conservator shall apply the income from the estate, so far as necessary, to the comfortable and suitable support,…
    § 2421 (a) Upon petition of the guardian or conservator or the ward or conservatee, the court may authorize the guardian or conservator to pay to the ward or…
    § 2422 (a) Upon petition of the guardian or conservator, the ward or conservatee, or any other interested person, the court may for good cause order the ward or…
    § 2423 (a) Upon petition of the conservator, the conservatee, the spouse or domestic partner of the conservatee, or a relative within the second degree of the…
  3. ARTICLE 3. Payment of Debts and Expenses §§ 2430–2431 · 2 sections
    § 2430 (a) Subject to subdivisions (b) and (c), the guardian or conservator shall pay the following from any principal and income of the estate: (1) The debts…
    § 2431 (a) Subject to subdivision (d), the guardian or conservator may petition the court under Section 2403 for instructions when there is doubt whether a wage claim…
  4. ARTICLE 4. Estate Management Powers Generally §§ 2450–2469 · 22 sections
    § 2450 (a) Unless this article specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in…
    § 2451 The guardian or conservator may collect debts and benefits due to the ward or conservatee and the estate.
    § 2451.5 The guardian or conservator may do any of the following: (a) Contract for the guardianship or conservatorship, perform outstanding contracts, and, thereby,…
    § 2452 (a) The guardian or conservator may endorse and cash or deposit any checks, warrants, or drafts payable to the ward or conservatee which constitute property of…
    § 2453 The guardian or conservator may deposit money belonging to the estate in an insured account in a financial institution in this state. Unless otherwise provided…
    § 2453.5 (a) Subject to subdivision (b), where a trust company is a guardian or conservator and in the exercise of reasonable judgment deposits money of the estate in…
    § 2454 The guardian or conservator may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the…
    § 2455 (a) A trust company serving as guardian or conservator may deposit securities that constitute all or part of the estate in a securities depository as provided…
    § 2456 (a) Upon application of the guardian or conservator, the court may, with or without notice, order that money or other personal property be deposited pursuant…
    § 2457 The guardian or conservator may maintain in good condition and repair the home or other dwelling of either or both of the following: (a) The ward or…
    § 2458 With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other…
    § 2459 (a) The guardian or conservator may obtain, continue, renew, modify, terminate, or otherwise deal in any of the following for the purpose of providing…
    § 2460 The guardian or conservator may insure: (a) Property of the estate against loss or damage. (b) The ward or conservatee, the guardian or conservator, and all or…
    § 2461 (a) The guardian or conservator may prepare, execute, and file tax returns for the ward or conservatee and for the estate and may exercise options and…
    § 2462 Subject to Section 2463, unless another person is appointed for that purpose, the guardian or conservator may: (a) Commence and maintain actions and…
    § 2463 (a) The guardian or conservator may bring an action against the other cotenants for partition of any property in which the ward or conservatee has an undivided…
    § 2464 (a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage…
    § 2465 The guardian or conservator may dispose of or abandon valueless property.
    § 2466 The guardian or conservator may advance the guardian’s or conservator’s own funds for the benefit of the ward or conservatee or the estate and may reimburse…
    § 2467 (a) The guardian or conservator continues to have the duty of custody and conservation of the estate after the death of the ward or conservatee pending the…
    § 2468 (a) The conservator of the estate of a disabled attorney who was engaged in the practice of law at the time of his or her disability, or other person…
    § 2469 (a) Commencing January 1, 2024, when a professional fiduciary becomes incapacitated and a vacancy exists, the incapacitated fiduciary’s conservator, agent…
  5. ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations §§ 2500–2507 · 8 sections
    § 2500 (a) Unless this article or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the guardian or…
    § 2501 (a) Except as provided in subdivision (b), court approval is required for a compromise, settlement, extension, renewal, or modification which affects any of…
    § 2502 Court approval is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property of the estate, or…
    § 2503 Court approval is required for any of the following: (a) A compromise or settlement of a claim by the ward or conservatee against the guardian or conservator…
    § 2504 Court approval is required for the compromise or settlement of any of the following: (a) A claim for the support, maintenance, or education of (1) the ward or…
    § 2505 (a) Subject to subdivision (c), where the claim or matter is the subject of a pending action or proceeding, the court approval required by this article shall…
    § 2506 Where approval of the court in which the guardianship or conservatorship proceeding is pending is required under this article, the guardian or conservator…
    § 2507 Notwithstanding Sections 2500 to 2506, inclusive: (a) Whenever another statute requires, provides a procedure for, or dispenses with court approval of a…
  6. ARTICLE 7. Sales §§ 2540–2548 · 10 sections
    § 2540 (a) Except as otherwise provided in Sections 2544 and 2545, and except for the sale of a conservatee’s present or former personal residence as set forth in…
    § 2541 The guardian or conservator may sell real or personal property of the estate, consent and agree to partition of real or personal property of the estate, or…
    § 2541.5 Notwithstanding Section 2541, the court may authorize a conservator to sell a conservatee’s present or former personal residence, consent and agree to…
    § 2542 (a) All sales shall be for cash or for part cash and part deferred payments. Except as otherwise provided in Sections 2544 and 2545, the terms of sale are…
    § 2543 (a) If estate property is required or permitted to be sold, the guardian or conservator may: (1) Use discretion as to which property to sell first. (2) Sell…
    § 2544 (a) Except as specifically limited by order of the court, subject to Section 2541, the guardian or conservator may sell securities without authorization,…
    § 2544.5 Except as specifically limited by the court, subject to Section 2541, the guardian or conservator may sell mutual funds held without designation of a…
    § 2545 (a) Subject to subdivisions (b) and (c) and to Section 2541, the guardian or conservator may sell or exchange tangible personal property of the estate without…
    § 2547 The guardian or conservator shall apply the proceeds of the sale to the purposes for which it was made, as far as necessary, and the residue, if any, shall be…
    § 2548 No action for the recovery of any property sold by a guardian or conservator may be maintained by the ward or conservatee or by any person claiming under the…
  7. ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges §§ 2550–2557 · 9 sections
    § 2550 Except as otherwise provided by statute, a guardian or conservator may borrow money, lend money, give security, lease, convey, or exchange property of the…
    § 2551 (a) In any case described in Section 2541 or Section 2552, the guardian or conservator, after authorization by order of the court, may borrow money upon a…
    § 2552 (a) The guardian or conservator may give a security interest or other lien upon the personal property of the estate or any part thereof or a mortgage or deed…
    § 2552.5 For the purpose of this article, if a lease gives the lessee the right to extend the term of the lease, the length of the term shall be considered as though…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
  8. ARTICLE 9. Investments and Purchase of Property §§ 2570–2574 · 5 sections
    § 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…
    § 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…
    § 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…
    § 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…
    § 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:…
  9. ARTICLE 10. Substituted Judgment §§ 2580–2586 · 7 sections
    § 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…
    § 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)…
    § 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…
    § 2583 In determining whether to authorize or require a proposed action under this article, the court shall take into consideration all the relevant circumstances,…
    § 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…
    § 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…
    § 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…
  10. ARTICLE 11. Independent Exercise of Powers §§ 2590–2595 · 7 sections
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
7. CHAPTER 7. Inventory and Accounts §§ 2600–2633 · 30 sections
  1. ARTICLE 1. Definitions and General Provisions §§ 2600–2601 · 2 sections
    § 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…
    § 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:…
  2. ARTICLE 2. Inventory and Appraisal of Estate §§ 2610–2615 · 9 sections
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
  3. ARTICLE 2.5. Examination Concerning Assets of Estate §§ 2616–2619 · 4 sections
    § 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…
    § 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…
    § 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…
    § 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…
  4. ARTICLE 3. Accounts §§ 2620–2628 · 11 sections
    § 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…
    § 2620.1 The Judicial Council shall, by January 1, 2009, develop guidelines to assist investigators and examiners in reviewing accountings and detecting fraud.
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
  5. ARTICLE 4. Accounts on Termination of Relationship §§ 2630–2633 · 4 sections
    § 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…
    § 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…
    § 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…
    § 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…
8. CHAPTER 8. Compensation of Guardian, Conservator, and Attorney §§ 2640–2647 · 10 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 2645 (a) No attorney who is a guardian or conservator shall receive any compensation from the guardianship or conservatorship estate for legal services performed…
  - § 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…
  - § 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…
9. CHAPTER 9. Removal or Resignation §§ 2650–2662 · 8 sections
  1. ARTICLE 1. Removal of Guardian or Conservator §§ 2650–2655 · 6 sections
    § 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)…
    § 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…
    § 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.
    § 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…
    § 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,…
    § 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)…
  2. ARTICLE 2. Resignation of Guardian or Conservator §§ 2660–2662 · 2 sections
    § 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…
    § 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…
10. CHAPTER 9.5. Appointment of Successor Guardian or Conservator §§ 2670–2689 · 11 sections
  1. ARTICLE 1. Appointment of Successor Guardian § 2670 · 1 section
    § 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…
  2. ARTICLE 2. Appointment of Successor Conservator §§ 2680–2689 · 10 sections
    § 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.
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
11. CHAPTER 10. Requests for Special Notice §§ 2700–2702 · 3 sections
  - § 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…
  - § 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…
  - § 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…
12. CHAPTER 12. Transfer of Personal Property out of State §§ 2800–2808 · 9 sections
  - § 2800 As used in this chapter, “foreign guardian or conservator” means a guardian, conservator, committee, or comparable fiduciary in another jurisdiction.
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 2807 If a transfer is ordered, the court may direct the manner of transfer and impose such terms and conditions as may be just.
  - § 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…
13. CHAPTER 14. Notification to Court by Institutions §§ 2890–2893 · 4 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
PART 5. PUBLIC GUARDIAN §§ 2900–2955 · 22 sections
1. CHAPTER 1. Taking Temporary Possession or Control of Property §§ 2900–2903 · 5 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
2. CHAPTER 2. Prefiling Investigation by Public Guardian §§ 2910–2911 · 2 sections
  - § 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,…
  - § 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…
3. CHAPTER 3. Appointment of Public Guardian §§ 2920–2923 · 4 sections
  - § 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…
  - § 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…
  - § 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…
  - § 2923 On or before January 1, 2008, the public guardian shall comply with the continuing education requirements that are established by the California State…
4. CHAPTER 4. Administration by Public Guardian §§ 2940–2944 · 5 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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.
5. CHAPTER 5. Financial Abuse of Mentally Impaired Elders §§ 2950–2955 · 6 sections
  1. ARTICLE 1. General §§ 2950–2951 · 2 sections
    § 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…
    § 2951 The definitions contained in this section shall govern the construction of this chapter, unless the context requires otherwise. (a) “Declaration” means a…
  2. ARTICLE 2. Estate Protection §§ 2952–2955 · 4 sections
    § 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)…
    § 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…
    § 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…
    § 2955 Nothing in this chapter shall prohibit or restrict a public guardian from undertaking any other proceeding authorized by law.
PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY §§ 3000–3154 · 55 sections
1. CHAPTER 1. Definitions and General Provisions §§ 3000–3023 · 8 sections
  1. ARTICLE 1. Definitions §§ 3000–3012 · 6 sections
    § 3000 Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part.
    § 3002 “Community property” means community real property and community personal property, including, but not limited to, a community property business that is or was…
    § 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…
    § 3006 “Conservatorship estate” includes the guardianship estate of a married minor.
    § 3008 “Conservatorship proceeding” means conservatorship of the estate proceeding and includes a guardianship of the estate proceeding of a married minor.
    § 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…
  2. ARTICLE 2. General Provisions §§ 3020–3023 · 2 sections
    § 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…
    § 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…
2. CHAPTER 2. Management, Control, and Disposition §§ 3051–3092 · 23 sections
  1. ARTICLE 1. Management, Control, and Disposition Generally §§ 3051–3057 · 5 sections
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
  2. ARTICLE 2. Substitute for Joinder or Consent Requirements §§ 3070–3074 · 5 sections
    § 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…
    § 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,…
    § 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…
    § 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…
    § 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…
  3. ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator §§ 3080–3092 · 13 sections
    § 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…
    § 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)…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 3091 Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this article.
    § 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…
3. CHAPTER 3. Proceeding for Particular Transaction §§ 3100–3154 · 24 sections
  1. ARTICLE 1. General Provisions §§ 3100–3102 · 3 sections
    § 3100 (a) As used in this chapter, “transaction” means a transaction that involves community real or personal property, tangible or intangible, or an interest…
    § 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…
    § 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,…
  2. ARTICLE 2. Commencement of Proceeding §§ 3110–3113 · 4 sections
    § 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…
    § 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…
    § 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…
    § 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…
  3. ARTICLE 3. Petition §§ 3120–3123 · 4 sections
    § 3120 (a) Several proposed transactions may be included in one petition and proceeding under this chapter. (b) The petition may contain inconsistent allegations and…
    § 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…
    § 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…
    § 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,…
  4. ARTICLE 4. Citation and Notice of Hearing §§ 3130–3131 · 2 sections
    § 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…
    § 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…
  5. ARTICLE 5. Hearing and Order §§ 3140–3145 · 6 sections
    § 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…
    § 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…
    § 3142 (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the court, before commencement of the hearing on the…
    § 3143 (a) If the petition requests that the court make an order declaring a spouse to have legal capacity for the proposed transaction and the court determines that…
    § 3144 (a) The court may authorize the proposed transaction if the court determines all of the following: (1) The property that is the subject of the proposed…
    § 3145 A court determination pursuant to this chapter that a spouse lacks legal capacity for the proposed transaction affects the legal capacity of the spouse for…
  6. ARTICLE 6. Consummation of Transaction §§ 3150–3154 · 5 sections
    § 3150 (a) Unless the court for good cause dispenses with the bond, the court shall require the petitioner to give a bond, in the amount fixed by the court,…
    § 3151 (a) The petitioner shall, upon receipt of the consideration therefor, execute, acknowledge, and deliver any necessary instruments or documents as directed by…
    § 3152 A sale, conveyance, assignment, transfer, exchange, encumbrance, security interest, mortgage, deed of trust, lease, dedication, release, or relinquishment, and…
    § 3153 Notes, encumbrances, security interests, mortgages, leases, or deeds of trust, executed as provided in this chapter by a petitioning conservator create no…
    § 3154 (a) If any party to the transaction, other than the petitioner, does not consummate a transaction authorized by the court, the court, on application of the…
PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR §§ 3200–3212 · 14 sections
- § 3200 As used in this part: (a) “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient’s physical or…
- § 3201 (a) A petition may be filed to determine that a patient has the capacity to make a health care decision concerning an existing or continuing condition. (b) A…
- § 3202 The petition may be filed in the superior court of any of the following counties: (a) The county in which the patient resides. (b) The county in which the…
- § 3203 A petition may be filed by any of the following: (a) The patient. (b) The patient’s spouse. (c) A relative or friend of the patient, or other interested…
- § 3204 The petition shall state, or set forth by a medical declaration attached to the petition, all of the following known to the petitioner at the time the petition…
- § 3205 Upon the filing of the petition, the court shall determine the name of the attorney the patient has retained to represent the patient in the proceeding under…
- § 3206 (a) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient,…
- § 3207 Notwithstanding Section 3206, the matter presented by the petition may be submitted for the determination of the court upon proper and sufficient medical…
- § 3208 (a) Except as provided in subdivision (b), the court may make an order authorizing the recommended health care for the patient and designating a person to give…
- § 3208.5 In a proceeding under this part: (a) Where the patient has the capacity to consent to the recommended health care, the court shall so find in its order. (b)…
- § 3209 The court in which the petition is filed has continuing jurisdiction to revoke or modify an order made under this part upon a petition filed, noticed, and…
- § 3210 (a) This part is supplemental and alternative to other procedures or methods for obtaining consent to health care or making health care decisions, and is…
- § 3211 (a) No person may be placed in a mental health treatment facility under the provisions of this part. (b) No experimental drug as defined in Section 111515 of…
- § 3212 Nothing in this part shall be construed to supersede or impair the right of any individual to choose treatment by spiritual means in lieu of medical treatment,…
PART 8. OTHER PROTECTIVE PROCEEDINGS §§ 3300–3803 · 40 sections
1. CHAPTER 1. General Provisions §§ 3300–3303 · 2 sections
  - § 3300 A parent who receives any money or property belonging to a minor under any provision of this part shall account to the minor for the money or other property…
  - § 3303 Nothing in this part limits the provisions of the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
2. CHAPTER 2. Money or Property Belonging to Minor §§ 3400–3413 · 7 sections
  1. ARTICLE 1. Total Estate Not in Excess of $5,000 §§ 3400–3402 · 3 sections
    § 3400 (a) As used in this article, “total estate of the minor” includes both the money and other property belonging to the minor and the money and other property…
    § 3401 (a) Where a minor does not have a guardian of the estate, money or other property belonging to the minor may be paid or delivered to a parent of the minor…
    § 3402 The written receipt of the parent giving the written assurance under Section 3401 shall be an acquittance of the person making the payment of money or delivery…
  2. ARTICLE 2. Property in the Form of Money §§ 3410–3413 · 4 sections
    § 3410 (a) This article applies to both of the following cases: (1) Where the minor has a guardian of the estate and the sole asset of the guardianship estate is…
    § 3411 (a) A parent of a minor entitled to custody of the minor, the guardian of the estate of the minor, or the person holding the money belonging to the minor may…
    § 3412 If the minor has a guardian of the estate and the sole asset of the guardianship estate is money, the court may order that the guardianship of the estate be…
    § 3413 If the minor has no guardian of the estate and there is money belonging to the minor, the court may order that a guardian of the estate be appointed and that…
3. CHAPTER 3. Compromise by Parent of Minor’s Disputed Claim §§ 3500–3505 · 2 sections
  - § 3500 (a) When a minor has a disputed claim for damages, money, or other property and does not have a guardian of the estate, the following persons have the right to…
  - § 3505 The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant to Section 3500 within 30 days from the date of filing. If…
4. CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person §§ 3600–3613 · 10 sections
  1. ARTICLE 1. General Provisions §§ 3600–3605 · 6 sections
    § 3600 This chapter applies whenever both of the following conditions exist: (a) A court (1) approves a compromise of, or the execution of a covenant not to sue on or…
    § 3601 (a) The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that…
    § 3602 (a) If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money…
    § 3603 Where reference is made in this chapter to a “person with a disability,” the reference shall be deemed to include the following: (a) A person for whom a…
    § 3604 (a) (1) If a court makes an order under Section 3602 or 3611 that money of a minor or person with a disability be paid to a special needs trust, the terms of…
    § 3605 (a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993. (b) While the special needs trust is in…
  2. ARTICLE 2. Disposition of Money or Other Property Where No Guardianship or Conservatorship §§ 3610–3613 · 4 sections
    § 3610 When money or other property is to be paid or delivered for the benefit of a minor or person with a disability under a compromise, covenant, order or judgment,…
    § 3611 In any case described in Section 3610, the court making the order or giving the judgment referred to in Section 3600 shall, upon application of counsel for the…
    § 3612 (a) Notwithstanding any other provision of law and except to the extent the court orders otherwise, the court making the order under Section 3611 shall have…
    § 3613 Notwithstanding any other provision of this chapter, a court may not make an order or give a judgment pursuant to Section 3600, 3601, 3602, 3610, or 3611 with…
5. CHAPTER 5. Property of Absent Federal Personnel §§ 3700–3722 · 15 sections
  1. ARTICLE 1. Definitions § 3700 · 1 section
    § 3700 As used in this chapter: (a) “Absentee” is defined in Section 1403. (b) “Certificate of missing status” means the official written report complying with…
  2. ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee §§ 3701–3708 · 8 sections
    § 3701 Upon petition as provided in this chapter, the court may set aside to the family of an absentee personal property of the absentee situated in this state for…
    § 3702 A petition that personal property of an absentee be set aside as provided in this chapter may be filed by any of the following persons: (a) A person in whose…
    § 3703 (a) The petition shall contain all of the following: (1) A statement that the petition is filed under this chapter. (2) In its caption, the last known military…
    § 3704 (a) Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by…
    § 3705 (a) Upon the hearing of the petition, any officer or agency of this state or the United States or the authorized delegate of the officer or agency, or any…
    § 3706 A determination by the court that the value of all of the absentee’s property, wherever situated, exceeds twenty thousand dollars ($20,000) or that the…
    § 3707 For the purposes of this chapter, any property or interest therein or lien thereon that the absentee holds as joint tenant shall be included in determining the…
    § 3708 (a) Within six months after the absentee has returned to the controllable jurisdiction of the military department or civilian agency or department concerned,…
  3. ARTICLE 3. Management and Disposition of Personal Property of Absentee Without Court Proceeding §§ 3710–3712 · 3 sections
    § 3710 The family of an absentee may collect, receive, dispose of, or engage in any transaction relating to the absentee’s personal property situated in this state…
    § 3711 (a) If the conditions set forth in Section 3710 are satisfied, the family of the absentee may have any evidence of interest, indebtedness, or right…
    § 3712 The time within which an absentee may commence an action against any person who executes an affidavit and receives property pursuant to this article commences…
  4. ARTICLE 4. Absentee’s Power of Attorney §§ 3720–3722 · 3 sections
    § 3720 If an absentee executed a power of attorney that expires during the period that occasions absentee status, the power of attorney continues in full force and…
    § 3721 For the purposes of Chapter 5 (commencing with Section 4300) of Part 2 of Division 4.5, in the case of a principal who is an absentee, an attorney-in-fact or…
    § 3722 If after the absentee executes a power of attorney, the principal’s spouse who is the attorney-in-fact commences a proceeding for dissolution, annulment, or…
6. CHAPTER 6. Removal of Property of Nonresident §§ 3800–3803 · 4 sections
  - § 3800 (a) If a nonresident has a duly appointed, qualified, and acting guardian, conservator, committee, or comparable fiduciary in the place of residence and if no…
  - § 3801 (a) The petition shall be made upon 15 days’ notice, by delivery pursuant to Section 1215, to all of the following persons: (1) The personal representative or…
  - § 3802 (a) The nonresident fiduciary shall produce and file one of the following certificates: (1) A certificate that the fiduciary is entitled, by the laws of the…
  - § 3803 (a) Upon the petition, if the court determines that removal of the property will not conflict with any restriction or limitation on the property or impair the…
PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT §§ 3900–3925 · 26 sections
- § 3900 This part may be cited as the “California Uniform Transfers to Minors Act.”
- § 3901 In this part: (a) “Adult” means an individual who has attained the age of 18 years. (b) “Benefit plan” means an employer’s plan for the benefit of an employee…
- § 3902 (a) This part applies to a transfer that refers to this part in the designation under subdivision (a) of Section 3909 by which the transfer is made if at the…
- § 3903 (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to…
- § 3904 A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor…
- § 3905 (a) A personal representative or trustee may make an irrevocable transfer pursuant to Section 3909 to a custodian for the benefit of a minor as authorized in…
- § 3906 (a) Subject to subdivision (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the…
- § 3907 (a) Subject to subdivisions (b) and (c), a person not subject to Section 3905 or 3906 who holds property of, or owes a liquidated debt to, a minor not having a…
- § 3908 A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant…
- § 3909 (a) Custodial property is created and a transfer is made whenever any of the following occurs: (1) An uncertificated security or a certificated security in…
- § 3910 A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this part by the same custodian for the…
- § 3911 (a) The validity of a transfer made in a manner prescribed in this part is not affected by any of the following: (1) Failure of the transferor to comply with…
- § 3912 (a) A custodian shall do all of the following: (1) Take control of custodial property. (2) Register or record title to custodial property if appropriate. (3)…
- § 3913 (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their…
- § 3914 (a) A custodian may deliver or pay to the minor or expend for the minor’s benefit as much of the custodial property as the custodian considers advisable for…
- § 3915 (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. (b) Except…
- § 3916 A third person in good faith and without court order may act on the instructions of, or otherwise deal with, any person purporting to make a transfer or…
- § 3917 (a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of…
- § 3918 (a) A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part 8…
- § 3919 (a) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a…
- § 3920 The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of the following: (a) The…
- § 3920.5 (a) Subject to the requirements and limitations of this section, the time for transfer to the minor of custodial property transferred under or pursuant to…
- § 3921 Subject to the power of the court to transfer actions and proceedings as provided in the Code of Civil Procedure, a petition filed under this part shall be…
- § 3922 This part applies to a transfer within the scope of Section 3902 made on or after January 1, 1985, if either of the following requirements is satisfied: (a)…
- § 3923 (a) As used in this section, “California Uniform Gifts to Minors Act” means former Article 4 (commencing with Section 1154) of Chapter 3 of Title 4 of Part 4…
- § 3925 This part shall not be construed as providing an exclusive method for making gifts or other transfers to minors.