reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 4 - Oath, Letters, and Bond › ARTICLE 3 - Bonds of Guardians and Conservators › Section 2328.

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 includes property which has been or will be deposited with a trust company or financial institution pursuant to Sections 2453 to 2456, inclusive, upon the condition that the property, including any earnings thereon, will not be withdrawn except on authorization of the court, the court, in its discretion, with or without notice, may so order and may do either of the following:
(1) Exclude the property deposited in determining the amount of the required bond or reduce the amount of the bond to be required in respect to the property deposited to such an amount as the court determines is reasonable.
(2) If a bond has already been furnished or the amount fixed, reduce the amount to such an amount as the court determines is reasonable.
(b) The petitioner for letters, or the proposed guardian or conservator in advance of appointment of a guardian or conservator, may do any one or more of the following:
(1) Deliver personal property in the person’s possession to a trust company.
(2) Deliver money in the person’s possession for deposit in an insured account in a financial institution in this state.
(3) Allow a trust company to retain personal property already in its possession.
(4) Allow a financial institution in this state to retain money already invested in an insured account in a financial institution.
(c) In the cases described in subdivision (b), the petitioner or proposed guardian or conservator shall obtain and file with the court a written receipt including the agreement of the trust company or financial institution that the property deposited, including any earnings thereon, shall not be allowed to be withdrawn except upon authorization of the court.
(d) In receiving and retaining property on deposit pursuant to subdivisions (b) and (c), the trust company or financial institution is protected to the same extent as though it received the property on deposit from a person to whom letters had been issued.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 4 - Oath, Letters, and Bond › ARTICLE 3 - Bonds of Guardians and Conservators › Section 2329.

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 the estate.
(b) Except upon a showing of good cause, the amount of the bond shall not be reduced below the amount determined pursuant to Section 2320.
(c) Nothing in this section limits the authority of the court to reduce the amount of the bond with or without notice under Section 2328.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 4 - Oath, Letters, and Bond › ARTICLE 3 - Bonds of Guardians and Conservators › Section 2330.

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 trust on real property of the estate, the guardian or conservator shall furnish an additional bond as is required by the court in order to make the sum of the bonds furnished by the guardian or conservator equal to the amount determined pursuant to Section 2320, taking into account the proceeds of the sale or mortgage or deed of trust, unless the court makes an express finding stating the reason why the bond should not be increased. If a bond or additional bond is required under this section, the order confirming the sale of real property of the estate or authorizing the borrowing of money secured by a mortgage or deed of trust on real property of the estate is not effective and the court shall not file the order until the additional bond is filed.
(Amended by Stats. 2001, Ch. 359, Sec. 3. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 4 - Oath, Letters, and Bond › ARTICLE 3 - Bonds of Guardians and Conservators › Section 2333.

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 conservatee or of any person interested in the estate.
(b) No action may be maintained against the sureties on the bond unless commenced within four years from the discharge or removal of the guardian or conservator or within four years from the date the order surcharging the guardian or conservator becomes final, whichever is later.
(c) In any case, and notwithstanding subdivision (b) of Section 2103, no action may be maintained against the sureties on the bond unless the action commences within six years from the date the judgment under Section 2103 or the later of the orders under subdivision (b) of this section becomes final.
(Amended by Stats. 1994, Ch. 806, Sec. 11. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 4 - Oath, Letters, and Bond › ARTICLE 3 - Bonds of Guardians and Conservators › Section 2334.

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 is made to the sufficiency of the bond, and the petition or affidavit supporting the objection alleges facts showing that the guardian or conservator is failing to use ordinary care and diligence in the management of the estate, the court, by order, may suspend the powers of the guardian or conservator until the matter can be heard and determined.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 4 - Oath, Letters, and Bond › ARTICLE 3 - Bonds of Guardians and Conservators › Section 2335.

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 substitution unless the account is approved.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 4 - Oath, Letters, and Bond › ARTICLE 4 - Professional Fiduciaries › Section 2340.

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 holds a valid, unexpired, unsuspended license as a professional fiduciary under Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code, is exempt from the definition of “professional fiduciary” under Section 6501 of the Business and Professions Code, or is exempt from the licensing requirements of Section 6530 of the Business and Professions Code.
(Amended (as added by Stats. 2006, Ch. 491) by Stats. 2008, Ch. 293, Sec. 6. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 4 - Oath, Letters, and Bond › ARTICLE 4 - Professional Fiduciaries › Section 2341.

2341. This article shall become operative on July 1, 2008.
(Repealed (in Sec. 6) and added by Stats. 2006, Ch. 491, Sec. 5. Effective January 1, 2007. Note: This section prescribes a delayed operative date (July 1, 2008) for Article 4, commencing with Section 2340.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2350.

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 include a regional center established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
(Amended by Stats. 2008, Ch. 293, Sec. 7. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2351.

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 education of, the ward or conservatee. This control shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by court order. The court may issue an order that specifically grants the conservator the power to enforce the conservatee’s rights to receive visitors, telephone calls, and personal mail, or that directs the conservator to allow those visitors, telephone calls, and personal mail.
(b) Where the court determines that it is appropriate in the circumstances of the particular conservatee, the court, in its discretion, may limit the powers and duties that the conservator would otherwise have under subdivision (a) by an order stating either of the following:
(1) The specific powers that the conservator does not have with respect to the conservatee’s person and reserving the powers so specified to the conservatee.
(2) The specific powers and duties the conservator has with respect to the conservatee’s person and reserving to the conservatee all other rights with respect to the conservatee’s person that the conservator otherwise would have under subdivision (a).
(c) An order under this section (1) may be included in the order appointing a conservator of the person or (2) may be made, modified, or revoked upon a petition subsequently filed, notice of the hearing on the petition having been given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(d) The guardian or conservator, in exercising his or her powers, may not hire or refer any business to an entity in which he or she has a financial interest except upon authorization of the court. Prior to authorization from the court, the guardian or conservator shall disclose to the court in writing his or her financial interest in the entity. For the purposes of this subdivision, “financial interest” shall mean (1) an ownership interest in a sole proprietorship, a partnership, or a closely held corporation, or (2) an ownership interest of greater than 1 percent of the outstanding shares in a publicly traded corporation, or (3) being an officer or a director of a corporation. This subdivision shall apply only to conservators and guardians required to register with the Statewide Registry under Chapter 13 (commencing with Section 2850).
(Amended by Stats. 2015, Ch. 92, Sec. 2. (AB 1085) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2351.5.

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 secure for the limited conservatee those habilitation or treatment, training, education, medical and psychological services, and social and vocational opportunity as appropriate and as will assist the limited conservatee in the development of maximum self-reliance and independence.
(b) A limited conservator does not have any of the following powers or controls over the limited conservatee unless those powers or controls are specifically requested in the petition for appointment of a limited conservator and granted by the court in its order appointing the limited conservator:
(1) To fix the residence or specific dwelling of the limited conservatee.
(2) Access to the confidential records and papers of the limited conservatee.
(3) To consent or withhold consent to the marriage of, or the entrance into a registered domestic partnership by, the limited conservatee.
(4) The right of the limited conservatee to contract.
(5) The power of the limited conservatee to give or withhold medical consent.
(6) The limited conservatee’s right to control his or her own social and sexual contacts and relationships.
(7) Decisions concerning the education of the limited conservatee.
(c) Any limited conservator, the limited conservatee, or any relative or friend of the limited conservatee may apply by petition to the superior court of the county in which the proceedings are pending to have the limited conservatorship modified by the elimination or addition of any of the powers which must be specifically granted to the limited conservator pursuant to subdivision (b). The petition shall state the facts alleged to establish that the limited conservatorship should be modified. The granting or elimination of those powers is discretionary with the court. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(d) The limited conservator or any relative or friend of the limited conservatee may appear and oppose the petition. The court shall hear and determine the matter according to the laws and procedures relating to the trial of civil actions, including trial by jury if demanded. If any of the powers which must be specifically granted to the limited conservator pursuant to subdivision (b) are granted or eliminated, new letters of limited conservatorship shall be issued reflecting the change in the limited conservator’s powers.
(Amended by Stats. 2005, Ch. 418, Sec. 28. Effective January 1, 2006.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2352.5.

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 residence for the conservatee. In any hearing to determine if removal of the conservatee from the conservatee’s personal residence is appropriate, that presumption may be overcome by clear and convincing evidence.
(b) Upon appointment, the conservator shall determine the appropriate level of care for the conservatee.
(1) That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in their personal residence.
(2) If the conservatee is living at a location other than the conservatee’s personal residence at the commencement of the proceeding, that determination shall either include a plan to return the conservatee to their personal residence or an explanation of the limitations or restrictions on a return of the conservatee to their personal residence in the foreseeable future.
(c) The determination made by the conservator pursuant to subdivision (b) shall be included in the care plan as required by Section 2351.2.
(d) The conservator shall evaluate the conservatee’s placement and level of care if there is a material change in circumstances affecting the conservatee’s needs for placement and care.
(e) (1) This section shall not apply to a conservatee with developmental disabilities for whom the Director of Developmental Services or a regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator and who receives services from a regional center pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code.
(Amended by Stats. 2023, Ch. 705, Sec. 2. (SB 280) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2353.

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 the ward and to require the ward to receive medical treatment.
(b) Except as provided in subdivision (c), if the ward is 14 years of age or older, no surgery may be performed upon the ward without either (1) the consent of both the ward and the guardian or (2) a court order obtained pursuant to Section 2357 specifically authorizing such treatment.
(c) The guardian may consent to surgery to be performed upon the ward, and may require the ward to receive the surgery, in any case where the guardian determines in good faith based upon medical advice that the case is an emergency case in which the ward faces loss of life or serious bodily injury if the surgery is not performed. In such a case, the consent of the guardian alone is sufficient and no person is liable because the surgery is performed upon the ward without the ward’s consent.
(d) Nothing in this section requires the consent of the guardian for medical or surgical treatment for the ward in any case where the ward alone may consent to such treatment under other provisions of law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2354.

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 medical treatment. The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the capacity to give informed consent to the medical treatment, and the consent of the conservator alone is not sufficient under this subdivision if the conservatee objects to the medical treatment.
(b) The conservator may require the conservatee to receive medical treatment, whether or not the conservatee consents to the treatment, if a court order specifically authorizing the medical treatment has been obtained pursuant to Section 2357.
(c) The conservator may consent to medical treatment to be performed upon the conservatee, and may require the conservatee to receive the medical treatment, in any case where the conservator determines in good faith based upon medical advice that the case is an emergency case in which the medical treatment is required because (1) the treatment is required for the alleviation of severe pain or (2) the conservatee has a medical condition which, if not immediately diagnosed and treated, will lead to serious disability or death. In such a case, the consent of the conservator alone is sufficient and no person is liable because the medical treatment is performed upon the conservatee without the conservatee’s consent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2355.

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 decisions for the conservatee that the conservator in good faith based on medical advice determines to be necessary. The conservator shall make health care decisions for the conservatee in accordance with the conservatee’s individual health care instructions, if any, and other wishes to the extent known to the conservator. Otherwise, the conservator shall make the decision in accordance with the conservator’s determination of the conservatee’s best interest. In determining the conservatee’s best interest, the conservator shall consider the conservatee’s personal values to the extent known to the conservator. The conservator may require the conservatee to receive the health care, whether or not the conservatee objects. In this case, the health care decision of the conservator alone is sufficient and no person is liable because the health care is administered to the conservatee without the conservatee’s consent. For the purposes of this subdivision, “health care” and “health care decision” have the meanings provided in Sections 4615 and 4617, respectively.
(b) If prior to the establishment of the conservatorship the conservatee was an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing, the treatment required by the conservator under the provisions of this section shall be by an accredited practitioner of that religion.
(Amended by Stats. 1999, Ch. 658, Sec. 12. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2356.

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 a ward or conservatee in a mental health treatment facility may be obtained only pursuant to Chapter 2 (commencing with Section 5150) or Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. Nothing in this subdivision precludes the placing of a ward in a state hospital under Section 6000 of the Welfare and Institutions Code upon application of the guardian as provided in that section.
(b) An experimental drug as defined in Section 111515 of the Health and Safety Code shall not be prescribed for or administered to a ward or conservatee under this division. An experimental drug may be prescribed for or administered to a ward or conservatee only as provided in Article 4 (commencing with Section 111515) of Chapter 6 of Part 5 of Division 104 of the Health and Safety Code.
(c) Convulsive treatment as defined in Section 5325 of the Welfare and Institutions Code shall not be performed on a ward or conservatee under this division. Convulsive treatment may be performed on a ward or conservatee only as provided in Article 7 (commencing with Section 5325) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code.
(d) A minor shall not be sterilized under this division.
(e) This chapter is subject to a valid and effective advance health care directive under the Health Care Decisions Law (Division 4.7 (commencing with Section 4600)).
(Amended by Stats. 2015, Ch. 117, Sec. 1. (AB 468) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2358.

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 otherwise obligatory providing for the care, treatment, education, and welfare of the ward or conservatee. Any such conditions shall be included in the letters. The performance of such conditions is a part of the duties of the guardian or conservator for the faithful performance of which the guardian or conservator and the sureties on the bond are responsible.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2359.

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 conservator or approve and confirm the acts of the guardian or conservator.
(b) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(c) (1) When a guardian or conservator petitions for the approval of a purchase, lease, or rental of real or personal property from the estate of a ward or conservatee, the guardian or conservator shall provide a statement disclosing the family or affiliate relationship between the guardian and conservator and the purchaser, lessee, or renter of the property, and the family or affiliate relationship between the guardian or conservator and any agent hired by the guardian or conservator.
(2) For the purposes of this subdivision, “family” means a person’s spouse, domestic partner, or relatives within the second degree of lineal or collateral consanguinity of a person or a person’s spouse. For the purposes of this subdivision, “affiliate” means an entity that is under the direct control, indirect control, or common control of the guardian or conservator.
(3) A violation of this section shall result in the rescission of the purchase, lease, or rental of the property. Any losses incurred by the estate of the ward or conservatee because the property was sold or leased at less than fair market value shall be deemed as charges against the guardian or conservator under the provisions of Sections 2401.3 and 2401.5. The court shall assess a civil penalty equal to three times the charges against the guardian, conservator, or other person in violation of this section, and may assess punitive damages as it deems proper. If the estate does not incur losses as a result of the violation, the court shall order the guardian, conservator, or other person in violation of this section to pay a fine of up to five thousand dollars ($5,000) for each violation. The fines and penalties provided in this section are in addition to any other rights and remedies provided by law.
(Amended by Stats. 2001, Ch. 893, Sec. 32. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2360.

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 taken and preserved for the purpose of identifying the conservatee if he or she becomes missing.
(Added by Stats. 2010, Ch. 97, Sec. 1. (AB 2493) Effective January 1, 2011.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person › Section 2361.

2361. 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 under Section 1460 and by filing a proof of delivery with the court, unless otherwise ordered by the court.
(Amended by Stats. 2017, Ch. 319, Sec. 45. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2400.

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 duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator.
(b) “Estate” means all of the conservatee’s or ward’s personal property, wherever located, and real property located in this state.
(c) “Guardian” means the guardian of the estate.
(Amended by Stats. 2008, Ch. 52, Sec. 2. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2401.

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 and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constitutes use of ordinary care and diligence is determined by all the circumstances of the particular estate.
(b) The guardian or conservator:
(1) Shall exercise a power to the extent that ordinary care and diligence requires that the power be exercised.
(2) Shall not exercise a power to the extent that ordinary care and diligence requires that the power not be exercised.
(c) Notwithstanding any other law, a guardian or conservator who is not a trust company, or an employee of that guardian or conservator, in exercising their powers, may not hire or refer any business to an entity in which the guardian or conservator or an employee has a financial interest. For the purposes of this subdivision, “financial interest” shall mean (1) an ownership interest in a sole proprietorship, a partnership, or a closely held corporation, or (2) an ownership interest of greater than 1 percent of the outstanding shares in a publicly held corporation, or (3) being an officer or a director of a corporation.
(d) Subdivision (c) does not prohibit a professional fiduciary appointed as a guardian or conservator from hiring and compensating individuals as employees, with court approval.
(e) (1) Notwithstanding any other law, a guardian or conservator who is a trust company, in exercising its powers may not, except upon authorization of the court, invest in securities of the trust company or an affiliate or subsidiary, or other securities from which the trust company or affiliate or subsidiary receives a financial benefit or in a mutual fund, other than a mutual fund authorized in paragraph (5) of subdivision (a) of Section 2574, registered under the Investment Company Act of 1940 (Subchapter 1 (commencing with Sec. 80a-1) of Chapter 2D of Title 15 of the United States Code), to which the trust company or its affiliate provides services, including, but not limited to, services as an investment adviser, sponsor, distributor, custodian, agent, registrar, administrator, servicer, or manager, and for which the trust company or its affiliate receives compensation.
(2) Before authorization from the court, the guardian or conservator shall disclose to the court in writing the trust company’s financial interest.
(Amended by Stats. 2021, Ch. 417, Sec. 21. (AB 1194) Effective January 1, 2022.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2401.1.

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 to preserve and protect that property. What constitutes use of ordinary care and diligence shall be determined by all the facts and circumstances known, or that become known, to the guardian or conservator, the value of the real property located in the foreign jurisdiction, and the needs of the ward or conservatee. The guardian or conservator, except as provided in subdivision (a) of Section 1061 and in Section 1062, is not charged with, and shall have no duty to inventory or account for the real property located in a foreign jurisdiction, but the guardian or conservator shall, when presenting the inventory and appraisal and accounting to the court, include the schedule set forth in subdivision (h) of Section 1063.
(Added by Stats. 2008, Ch. 52, Sec. 3. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2401.3.

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 circumstances:
(1) Any loss or depreciation in value of the estate resulting from the breach of duty, with interest.
(2) Any profit made by the guardian or conservator through the breach of duty, with interest.
(3) Any profit that would have accrued to the estate if the loss of profit is the result of the breach of duty.
(b) If the guardian or conservator has acted reasonably and in good faith under the circumstances as known to the guardian or conservator, the court, in its discretion, may excuse the guardian or conservator in whole or in part from liability under subdivision (a) if it would be equitable to do so.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2401.5.

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 amounts:
(1) The amount of interest that accrues at the legal rate on judgments.
(2) The amount of interest actually received.
(b) If the guardian or conservator has acted reasonably and in good faith under the circumstances as known to the guardian or conservator, the court, in its discretion, may excuse the guardian or conservator in whole or in part from liability under subdivision (a) if it would be equitable to do so.
(Amended by Stats. 1998, Ch. 77, Sec. 2. Effective January 1, 1999.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2401.6.

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 to be provided by the estate to the guardian or conservator.
(Added by Stats. 2000, Ch. 565, Sec. 7. Effective January 1, 2001.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2401.7.

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 remedy available against the guardian or conservator under the statutory or common law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2402.

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 otherwise obligatory providing for the care and custody of the property of the ward or conservatee. Any such conditions shall be included in the letters. The performance of such conditions is a part of the duties of the guardian or conservator for the faithful performance of which the guardian or conservator and the sureties on the bond are responsible.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2403.

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 guardian or conservator, or approve and confirm the acts of the guardian or conservator, in the administration, management, investment, disposition, care, protection, operation, or preservation of the estate, or the incurring or payment of costs, fees, or expenses in connection therewith.
(b) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(c) (1) When a guardian or conservator petitions for the approval of a purchase, lease, or rental of real or personal property from the estate of a ward or conservatee, the guardian or conservator shall provide a statement disclosing the family or affiliate relationship between the guardian and conservator and the purchaser, lessee, or renter of the property, and the family or affiliate relationship between the guardian or conservator and any agent hired by the guardian or conservator.
(2) For the purposes of this subdivision, “family” means a person’s spouse, domestic partner, or relatives within the second degree of lineal or collateral consanguinity of a person or a person’s spouse. For the purposes of this subdivision, “affiliate” means an entity that is under the direct control, indirect control, or common control of the guardian or conservator.
(3) A violation of this section shall result in the rescission of the purchase, lease, or rental of the property. Any losses incurred by the estate of the ward or conservatee because the property was sold or leased at less than fair market value shall be deemed as charges against the guardian or conservator under the provisions of Sections 2401.3 and 2401.5. The court shall assess a civil penalty equal to three times the charges against the guardian, conservator, or other person in violation of this section, and may assess punitive damages as it deems proper. If the estate does not incur losses as a result of the violation, the court shall order the guardian, conservator, or other person in violation of this section to pay a fine of up to five thousand dollars ($5,000) for each violation. The fines and penalties provided in this section are in addition to any other rights and remedies provided by law.
(Amended by Stats. 2001, Ch. 893, Sec. 33. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2404.

2404. (a) If the guardian or conservator fails, neglects, or refuses to furnish comfortable and suitable support, maintenance, or education for the ward or conservatee as required by this division, or to pay a debt, expense, or charge lawfully due and payable by the ward or conservatee or the estate as provided in this division, the court shall, upon petition or upon its own motion, order the guardian or conservator to do so from the estate.
(b) The petition may be filed by the ward or conservatee or by the creditor or any other interested person. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2405.

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 the extent specifically and expressly provided in the order appointing the limited conservator, may do either of the following:
(a) Enter into an agreement in writing with the third person to refer the dispute to a temporary judge designated in the agreement. The agreement shall be filed with the clerk, who shall thereupon, with the approval of the court, enter an order referring the matter to the designated person. The temporary judge shall proceed promptly to hear and determine the matter in controversy by summary procedure, without any pleadings, discovery, or jury trial. The decision of the temporary judge is subject to Section 632 of the Code of Civil Procedure. Judgment shall be entered on the decision and is as valid and effective as if rendered by a judge of the court in an action against the guardian or conservator or the third person commenced by ordinary process.
(b) Enter into an agreement in writing with the third person that a judge of the court, pursuant to the agreement and with the written consent of the judge, both filed with the clerk within the time for bringing an independent action on the matter in dispute, may hear and determine the dispute pursuant to the procedure provided in subdivision (a).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2406.

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 writing with the third person to submit the dispute to arbitration under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. The agreement is not effective unless it has first been approved by the court and a copy of the approved agreement is filed with the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2407.

2407. This chapter applies to property owned by spouses as community property only to the extent authorized by Part 6 (commencing with Section 3000).
(Amended by Stats. 2016, Ch. 50, Sec. 82. (SB 1005) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2408.

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 administer the estate under that article.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 1 - Definitions and General Provisions › Section 2410.

2410. On or before January 1, 2008, the Judicial Council, in consultation with the California Judges Association, the California Association of Superior Court Investigators, the California State Association of Public Administrators, Public Guardians, and Public Conservators, the State Bar of California, the National Guardianship Association, and the Association of Professional Geriatric Care Managers, shall adopt a rule of court that shall require uniform standards of conduct for actions that conservators and guardians may take under this chapter on behalf of conservatees and wards to ensure that the estate of conservatees or wards are maintained and conserved as appropriate and to prevent risk of loss or harm to the conservatees or wards. This rule shall include at a minimum standards for determining the fees that may be charged to conservatees or wards and standards for asset management.
(Added by Stats. 2006, Ch. 493, Sec. 22. Effective January 1, 2007.)