PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100. - 2893.]

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

§§ 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…