PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400. - 1490.]

Part 1 enacted by Stats. 1990, Ch. 79.

§§ 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…