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 7 - Inventory and Accounts › ARTICLE 2 - Inventory and Appraisal of Estate › Section 2610.

2610. (a) Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall file with the clerk of the court and deliver pursuant to Section 1215 to the conservatee and to the attorneys of record for the ward or conservatee, along with notice of how to file an objection, an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. A copy of this inventory and appraisal, along with notice of how to file an objection, also shall be delivered to the conservatee’s spouse or registered domestic partner, the conservatee’s relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will result in harm to the conservatee.
(b) The guardian or conservator shall take and subscribe to an oath that the inventory contains a true statement of all of the estate of the ward or conservatee of which the guardian or conservator has possession or knowledge. The oath shall be endorsed upon or annexed to the inventory.
(c) The property described in the inventory shall be appraised in the manner provided for the inventory and appraisal of estates of decedents. The guardian or conservator may appraise the assets that a personal representative could appraise under Section 8901.
(d) If a conservatorship is initiated pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), and no sale of the estate will occur:
(1) The inventory and appraisal required by subdivision (a) shall be filed within 90 days after appointment of the conservator.
(2) The property described in the inventory may be appraised by the conservator and need not be appraised by a probate referee.
(e) By January 1, 2008, the Judicial Council shall develop a form to effectuate the notice required in subdivision (a).
(Amended by Stats. 2017, Ch. 319, Sec. 46. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2 - Inventory and Appraisal of Estate › Section 2611.

2611. If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the guardian or conservator shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the director of the appropriate department at the director’s office in Sacramento not later than 15 days after the inventory and appraisal is filed with the court. Compliance with this section is not required if an unrevoked certificate described in subdivision (c) of Section 1461 is on file with the court with respect to the ward or conservatee.
(Amended by Stats. 2017, Ch. 319, Sec. 47. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2 - Inventory and Appraisal of Estate › Section 2612.

2612. If a timely request is made, the clerk of court shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the county assessor.
(Amended by Stats. 2017, Ch. 319, Sec. 48. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2 - Inventory and Appraisal of Estate › Section 2613.

2613. Whenever any property of the ward or conservatee is discovered that was not included in the inventory, or whenever any other property is received by the ward or conservatee or by the guardian or conservator on behalf of the ward or conservatee (other than by the actions of the guardian or conservator in the investment and management of the estate), the guardian or conservator shall file a supplemental inventory and appraisal for that property and like proceedings shall be followed with respect thereto as in the case of an original inventory, but the appraisal shall be made as of the date the property was so discovered or received.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2 - Inventory and Appraisal of Estate › Section 2614.

2614. (a) Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written objections to any or all appraisals. The clerk shall set the objections for hearing not less than 15 days after their filing.
(b) Notice of the hearing, together with a copy of the objections, shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If the appraisal was made by a probate referee, the person objecting shall also deliver pursuant to Section 1215 notice of the hearing and a copy of the objection to the probate referee at least 15 days before the time set for the hearing.
(c) The court shall determine the objections and may fix the true value of any asset to which objection has been filed. For the purpose of this subdivision, the court may cause an independent appraisal or appraisals to be made by at least one additional appraiser at the expense of the estate or, if the objecting party is not the guardian or conservator and the objection is rejected by the court, the court may assess the cost of any additional appraisal or appraisals against the objecting party.
(Amended by Stats. 2017, Ch. 319, Sec. 49. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2 - Inventory and Appraisal of Estate › Section 2614.5.

2614.5. (a) If the guardian or conservator fails to file an inventory and appraisal within the time allowed by law or by court order, upon request of the ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any interested person, the court shall order the guardian or conservator to file the inventory and appraisal within the time prescribed in the order or to show cause why the guardian or conservator should not be removed. The person who requested the order shall serve it upon the guardian or conservator in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in a manner as is ordered by the court.
(b) If the guardian or conservator fails to file the inventory and appraisal as required by the order within the time prescribed in the order, unless good cause is shown for not doing so, the court, on its own motion or on petition, may remove the guardian or conservator, revoke the letters of guardianship or conservatorship, and enter judgment accordingly, and order the guardian or conservator to file an account and to surrender the estate to the person legally entitled thereto.
(c) The procedure provided in this section is optional and does not preclude the use of any other remedy or sanction when an inventory and appraisal is not timely filed.
(Amended by Stats. 2001, Ch. 893, Sec. 39. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2 - Inventory and Appraisal of Estate › Section 2614.7.

2614.7. If a guardian or conservator of the person or estate, or both, is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the guardian or conservator shall file, concurrently with the inventory and appraisal required by Section 2610, a proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the ward or conservatee for services performed as a guardian or conservator. The filing of a proposed hourly fee schedule or another statement of the guardian’s or conservator’s proposed compensation, as required by this section, shall not preclude a court from later reducing the guardian’s, conservator’s, or his or her attorney’s fees or other compensation.
(Added by Stats. 2013, Ch. 248, Sec. 4. (AB 1339) Effective January 1, 2014.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2 - Inventory and Appraisal of Estate › Section 2614.8.

2614.8. At any time on or after one year from the submission of an hourly fee schedule or another statement of proposed compensation under this section or under Section 1510, 1821, 2250, or 2614.7, a guardian or conservator who is a professional fiduciary may submit a new proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward or proposed conservatee. The submittal of a new hourly fee schedule or another statement of the guardian’s or conservator’s proposed compensation, as authorized by this section, shall not preclude a court from later reducing the guardian’s or conservator’s hourly fees or other compensation, or his or her attorney’s fees or other compensation.
(Added by Stats. 2013, Ch. 248, Sec. 5. (AB 1339) Effective January 1, 2014.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2 - Inventory and Appraisal of Estate › Section 2615.

2615. If a guardian or conservator fails to file any inventory required by this article within the time prescribed by law or by court order, the guardian or conservator is liable for damages for any injury to the estate, or to any interested person, directly resulting from the failure timely to file the inventory. Damages awarded pursuant to this section are a personal liability of the guardian or conservator and a liability on the bond, if any.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2.5 - Examination Concerning Assets of Estate › Section 2616.

2616. (a) A petition may be filed under this article by any one or more of the following:
(1) The guardian or conservator.
(2) The ward or conservatee.
(3) A creditor or other interested person, including persons having only an expectancy or prospective interest in the estate.
(b) Upon the filing of a petition under this article, the court may order that a citation be issued to a person to answer interrogatories, or to appear before the court and be examined under oath, or both, concerning any of the following allegations made in the petition:
(1) The person has wrongfully taken, concealed, or disposed of property of the ward or conservatee.
(2) The person has knowledge or possession of any of the following:
(A) A deed, conveyance, bond, contract, or other writing that contains evidence of or tends to disclose the right, title, interest, or claim of the ward or conservatee to property.
(B) An instrument in writing belonging to the ward or conservatee.
(3) The person asserts a claim against the ward or conservatee or the estate.
(4) The estate asserts a claim against the person.
(c) If the citation requires the person to appear before the court, the court and the petitioner may examine the person under oath upon the matters recited in the petition. The citation may include a requirement for this person to produce documents and other personal property specified in the citation.
(d) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation.
(Amended by Stats. 1994, Ch. 806, Sec. 18. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2.5 - Examination Concerning Assets of Estate › Section 2617.

2617. Interrogatories may be put to a person cited to answer interrogatories under Section 2616. The interrogatories and answers shall be in writing. The answers shall be signed under penalty of perjury by the person cited. The interrogatories and answers shall be filed with the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2.5 - Examination Concerning Assets of Estate › Section 2618.

2618. (a) At an examination, witnesses may be produced and examined on either side.
(b) If upon the examination it appears that the allegations of the petition are true, the court may order the person to disclose the person’s knowledge of the facts.
(c) If upon the examination it appears that the allegations of the petition are not true, the person’s necessary expenses, including reasonable attorney’s fees, shall be charged against the petitioner or allowed out of the estate, in the discretion of the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 2.5 - Examination Concerning Assets of Estate › Section 2619.

2619. (a) On petition of the guardian or conservator, the court may issue a citation to a person who has possession or control of property in the estate of the ward or conservatee to appear before the court and make an account under oath of the property and the person’s actions with respect to the property.
(b) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 3 - Accounts › Section 2620.1.

2620.1. The Judicial Council shall, by January 1, 2009, develop guidelines to assist investigators and examiners in reviewing accountings and detecting fraud.
(Added by Stats. 2007, Ch. 553, Sec. 21. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 3 - Accounts › Section 2621.

2621. Notice of the hearing on the account of the guardian or conservator shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If notice is required to be given to the Director of State Hospitals or the Director of Developmental Services under Section 1461, the account shall not be settled or allowed unless notice has been given as provided in Section 1461.
(Amended by Stats. 2012, Ch. 440, Sec. 47. (AB 1488) Effective September 22, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 3 - Accounts › Section 2622.

2622. The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any creditor or other interested person may file written objections to the account of the guardian or conservator, stating the items of the account to which objection is made and the basis for the objection.
(Amended by Stats. 2001, Ch. 893, Sec. 40. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 3 - Accounts › Section 2622.5.

2622.5. (a) If the court determines that the objections were without reasonable cause and in bad faith, the court may order the objector to pay the compensation and costs of the conservator or guardian and other expenses and costs of litigation, including attorney’s fees, incurred to defend the account. The objector shall be personally liable to the guardianship or conservatorship estate for the amount ordered.
(b) If the court determines that the opposition to the objections was without reasonable cause and in bad faith, the court may award the objector the costs of the objector and other expenses and costs of litigation, including attorney’s fees, incurred to contest the account. The amount awarded is a charge against the compensation of the guardian or conservator, and the guardian or conservator is liable personally and on the bond, if any, for any amount that remains unsatisfied.
(Added by Stats. 1996, Ch. 563, Sec. 12. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 3 - Accounts › Section 2623.

2623. (a) Except as provided in subdivision (b), the guardian or conservator shall be allowed all of the following:
(1) The amount of the reasonable expenses incurred in the exercise of the powers and the performance of the duties of the guardian or conservator (including, but not limited to, the cost of any surety bond furnished, reasonable attorney’s fees, and such compensation for services rendered by the guardian or conservator of the person as the court determines is just, reasonable, and in the best interest of the ward or conservatee).
(2) Such compensation for services rendered by the guardian or conservator as the court determines is just, reasonable, and in the best interest of the ward or conservatee.
(3) All reasonable disbursements made before appointment as guardian or conservator.
(4) In the case of termination other than by the death of the ward or conservatee, all reasonable disbursements made after the termination of the guardianship or conservatorship, but before the discharge of the guardian or conservator by the court.
(5) In the case of termination by the death of the ward or conservatee, all reasonable expenses incurred before the discharge of the guardian or conservator by the court for the custody and conservation of the estate and its delivery to the personal representative of the estate of the deceased ward or conservatee or in making other disposition of the estate as provided for by law.
(b) (1) The guardian or conservator shall not be compensated from the estate for any costs or fees that the guardian or conservator incurred in unsuccessfully defending their fee request petition, opposing a petition, or any other unsuccessful request or action made by, or behalf of, the ward or conservatee.
(2) If the court determines, by clear and convincing evidence, that the defense, opposition, or other action described in paragraph (1) was made in good faith, was based upon the best interest of the ward or conservatee, and did not harm the ward or conservatee, the court may reduce the compensation awarded for the costs or fees incurred instead of denying it completely. The court shall state the reasons for its determination in writing or on the record.
(Amended by Stats. 2021, Ch. 417, Sec. 23. (AB 1194) Effective January 1, 2022.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 3 - Accounts › Section 2625.

2625. Any sale or purchase of property or other transaction not previously authorized, approved, or confirmed by the court is subject to review by the court upon the next succeeding account of the guardian or conservator occurring after the transaction. Upon such account and review, the court may hold the guardian or conservator liable for any violation of duties in connection with the sale, purchase, or other transaction. Nothing in this section shall be construed to affect the validity of any sale or purchase or other transaction.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 3 - Accounts › Section 2626.

2626. If it appears upon the settlement of any account that the estate has been entirely exhausted through expenditures or disbursements which are approved by the court, the court, upon settlement of the account, shall order the proceeding terminated and the guardian or conservator forthwith discharged unless the court determines that there is reason to continue the proceeding.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 3 - Accounts › Section 2627.

2627. (a) After a ward has reached majority, the ward may settle accounts with the guardian and give the guardian a release which is valid if obtained fairly and without undue influence.
(b) Except as otherwise provided by this code, a guardian is not entitled to a discharge until one year after the ward has attained majority.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 3 - Accounts › Section 2628.

2628. (a) The court may make an order that the guardian or conservator need not present the accounts otherwise required by this chapter so long as all of the following conditions are satisfied:
(1) The estate at the beginning and end of the accounting period for which an account is otherwise required consisted of property, exclusive of the residence of the ward or conservatee, of a total net value of less than fifteen thousand dollars ($15,000).
(2) The income of the estate for each month of the accounting period, exclusive of public benefit payments, was less than two thousand dollars ($2,000).
(3) All income of the estate during the accounting period, if not retained, was spent for the benefit of the ward or conservatee.
(b) Notwithstanding that the court has made an order under subdivision (a), the ward or conservatee or any interested person may petition the court for an order requiring the guardian or conservator to present an account as otherwise required by this chapter or the court on its own motion may make that an order. An order under this subdivision may be made ex parte or on such notice of hearing as the court in its discretion requires.
(c) For any accounting period during which all of the conditions of subdivision (a) are not satisfied, the guardian or conservator shall present the account as otherwise required by this chapter.
(Amended by Stats. 2007, Ch. 553, Sec. 23. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 4 - Accounts on Termination of Relationship › Section 2630.

2630. The termination of the relationship of guardian and ward or conservator and conservatee by the death of either, by the ward attaining majority, by the determination of the court that the guardianship or conservatorship is no longer necessary, by the removal or resignation of the guardian or conservator, or for any other reason, does not cause the court to lose jurisdiction of the proceeding for the purpose of settling the accounts of the guardian or conservator or for any other purpose incident to the enforcement of the judgments and orders of the court upon such accounts or upon the termination of the relationship.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 4 - Accounts on Termination of Relationship › Section 2631.

2631. (a) Upon the death of the ward or conservatee, the guardian or conservator may contract for and pay a reasonable sum for the expenses of the last illness and the disposition of the remains of the deceased ward or conservatee, and for unpaid court-approved attorney’s fees, and may pay the unpaid expenses of the guardianship or conservatorship accruing before or after the death of the ward or conservatee, in full or in part, to the extent reasonable, from any personal property of the deceased ward or conservatee which is under the control of the guardian or conservator.
(b) If after payment of expenses under subdivision (a), the total market value of the remaining estate of the decedent does not exceed the amount determined under Section 13100, the guardian or conservator may petition the court for an order permitting the guardian or conservator to liquidate the decedent’s estate. The guardian or conservator may petition even though there is a will of the decedent in existence if the will does not appoint an executor or if the named executor refuses to act. No notice of the petition need be given. If the order is granted, the guardian or conservator may sell personal property of the decedent, withdraw money of the decedent in an account in a financial institution, and collect a debt, claim, or insurance proceeds owed to the decedent or the decedent’s estate, and a person having possession or control shall pay or deliver the money or property to the guardian or conservator.
(c) After payment of expenses, the guardian or conservator may transfer any remaining property as provided in Division 8 (commencing with Section 13000). For this purpose, the value of the property of the deceased ward or conservatee shall be determined after the deduction of the expenses so paid.
(Amended by Stats. 1996, Ch. 563, Sec. 13. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 4 - Accounts on Termination of Relationship › Section 2632.

2632. (a) As used in this section:
(1) “Incapacitated” means lack of capacity to serve as guardian or conservator.
(2) “Legal representative” means the personal representative of a deceased guardian or conservator or the conservator of the estate of an incapacitated guardian or conservator.
(b) If a guardian or conservator dies or becomes incapacitated and a legal representative is appointed for the deceased or incapacitated guardian or conservator, the legal representative shall, not later than 60 days after appointment unless the court extends the time, file an account of the administration of the deceased or incapacitated guardian or conservator.
(c) If a guardian or conservator dies or becomes incapacitated and no legal representative is appointed for the deceased or incapacitated guardian or conservator, or if the guardian or conservator absconds, the court may compel the attorney for the deceased, incapacitated, or absconding guardian or conservator or the attorney of record in the guardianship or conservatorship proceeding to file an account of the administration of the deceased, incapacitated, or absconding guardian or conservator.
(d) The legal representative or attorney shall exercise reasonable diligence in preparing an account under this section. Verification of the account may be made on information and belief. The court shall settle the account as in other cases. The court shall allow reasonable compensation to the legal representative or the attorney for preparing the account. The amount allowed shall be a charge against the estate that was being administered by the deceased, incapacitated, or absconding guardian or conservator. Legal services for which compensation shall be allowed to the attorney under this subdivision include those services rendered by any paralegal performing the services under the direction and supervision of an attorney. The petition or application for compensation shall set forth the hours spent and services performed by the paralegal.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 7 - Inventory and Accounts › ARTICLE 4 - Accounts on Termination of Relationship › Section 2633.

2633. Subject to Section 2630, where the guardianship or conservatorship terminates before the inventory of the estate has been filed, the court, in its discretion and upon such notice as the court may require, may make an order that the guardian or conservator need not file the inventory and appraisal and that the guardian or conservator shall file an account covering only those assets of the estate of which the guardian or conservator has possession or control.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 8 - Compensation of Guardian, Conservator, and Attorney › Section 2640.1.

2640.1. (a) If a person has petitioned for the appointment of a particular conservator and another conservator was appointed while the petition was pending, but not before the expiration of 90 days from the issuance of letters, the person who petitioned for the appointment of a conservator but was not appointed and that person’s attorney may petition the court for an order fixing and allowing compensation and reimbursement of costs, provided that the court determines that the petition was filed in the best interests of the conservatee.
(b) Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(c) Upon the hearing, the court shall make an order to allow both of the following:
(1) Any compensation or costs requested in the petition the court determines is just and reasonable to the person who petitioned for the appointment of a conservator but was not appointed, for his or her services rendered in connection with and to facilitate the appointment of a conservator, and costs incurred in connection therewith.
(2) Any compensation or costs requested in the petition the court determines is just and reasonable to the attorney for that person, for his or her services rendered in connection with and to facilitate the appointment of a conservator, and costs incurred in connection therewith.
Any compensation and costs allowed shall be charged to the estate of the conservatee. If a conservator of the estate is not appointed, but a conservator of the person is appointed, the compensation and costs allowed shall be ordered by the court to be paid from property belonging to the conservatee, whether held outright, in trust, or otherwise.
(d) It is the intent of the Legislature for this section to have retroactive effect.
(Amended by Stats. 2006, Ch. 493, Sec. 28. Effective January 1, 2007.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 8 - Compensation of Guardian, Conservator, and Attorney › Section 2641.

2641. (a) At any time permitted by Section 2640 and upon the notice therein prescribed, the guardian or conservator of the person may petition the court for an order fixing and allowing compensation for services in the best interest of the ward or conservatee rendered to that time.
(b) Upon the hearing, the court shall make an order allowing any compensation the court determines is just and reasonable to the guardian or conservator of the person for services rendered in the best interest of the ward or conservatee. The compensation allowed to the guardian or conservator of the person may, in the discretion of the court, include compensation for services rendered before the date of the order appointing the guardian or conservator. The compensation allowed shall thereupon be charged against the estate.
(c) (1) Notwithstanding subdivision (b), the guardian or conservator shall not be compensated from the estate for any costs or fees that the guardian or conservator incurred in unsuccessfully defending their fee request petition, opposing a petition, or any other unsuccessful request or action made by, or behalf of, the ward or conservatee.
(2) If the court determines, by clear and convincing evidence, that the defense, opposition, or other action described in paragraph (1) was made in good faith, was based upon the best interest of the ward or conservatee, and did not harm the ward or conservatee, the court may reduce the compensation awarded for the costs or fees incurred instead of denying it completely. The court shall state the reasons for its determination in writing or on the record.
(d) Notwithstanding subdivision (b), the guardian or conservator of the person shall not be compensated with any government benefits program moneys unless deemed by the court as necessary to sustain the support and maintenance of the ward or conservatee, but in no event may this exceed the amount permitted by federal laws and regulations.
(Amended by Stats. 2021, Ch. 417, Sec. 25. (AB 1194) Effective January 1, 2022.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 8 - Compensation of Guardian, Conservator, and Attorney › Section 2642.

2642. (a) At any time permitted by Section 2640 and upon the notice therein prescribed, an attorney who has rendered legal services to the guardian or conservator of the person or estate or both, including services rendered under Section 2632, may petition the court for an order fixing and allowing compensation for such services rendered to that time. Legal services for which the attorney may petition the court for an order fixing and allowing compensation under this subdivision include those services rendered by any paralegal performing the legal services under the direction and supervision of an attorney. The petition or application for compensation shall set forth the hours spent and services performed by the paralegal.
(b) Upon the hearing, the court shall make an order allowing such compensation as the court determines reasonable to the attorney for services rendered to the guardian or conservator. The compensation so allowed shall thereupon be charged against the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 8 - Compensation of Guardian, Conservator, and Attorney › Section 2643.

2643. (a) Except as provided in Section 2643.1, on petition by the guardian or conservator of the person or estate, or both, the court may by order authorize periodic payments on account to any one or more of the following persons for the services rendered by that person during the period covered by each payment:
(1) The guardian of the person.
(2) The guardian of the estate.
(3) The conservator of the person.
(4) The conservator of the estate.
(5) The attorney for the guardian or conservator of the person or estate, or both.
(b) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(c) The petition shall describe the services to be rendered on a periodic basis and the reason why authority to make periodic payments is requested. In fixing the amount of the periodic payment, the court shall take into account the services to be rendered on a periodic basis and the reasonable value of those services. The guardian or conservator of the estate may make the periodic payments authorized by the order only if the services described in the petition are actually rendered. The payments made pursuant to the order are subject to review by the court upon the next succeeding account of the guardian or conservator of the estate to determine that the services were actually rendered and that the amount paid on account was not unreasonable, and the court shall make an appropriate order if the court determines that the amount paid on account was either excessive or inadequate in view of the services actually rendered.
(Amended by Stats. 2013, Ch. 248, Sec. 6. (AB 1339) Effective January 1, 2014.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 8 - Compensation of Guardian, Conservator, and Attorney › Section 2644.

2644. (a)  Where it is to the advantage, benefit, and best interest of the ward or conservatee or the estate, the guardian or conservator of the estate may contract with an attorney for a contingent fee for the attorney’s services in representing the ward or conservatee or the estate in connection with a matter that is of a type that is customarily the subject of a contingent fee contract, but such a contract is valid only if (1) the contract is made pursuant to an order of the court authorizing the guardian or conservator to execute the contract or (2) the contract is approved by order of the court.
(b) To obtain an order under this section, the guardian or conservator shall file a petition with the court showing the advantage, benefit, and best interest to the ward or conservatee or the estate of the contingent fee contract. A copy of the contingent fee contract shall be attached to the petition.
(c) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(d) As used in this section, “court” includes either of the following:
(1) The court in which the guardianship or conservatorship proceeding is pending.
(2) Where the contract is in connection with a matter in litigation, the court in which the litigation is pending.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 8 - Compensation of Guardian, Conservator, and Attorney › Section 2645.

2645. (a) No attorney who is a guardian or conservator shall receive any compensation from the guardianship or conservatorship estate for legal services performed for the guardian or conservator unless the court specifically approves the right to the compensation and finds that it is to the advantage, benefit, and best interests of the ward or conservatee.
(b) No parent, child, sibling, or spouse of a person who is a guardian or conservator, and no law partnership or corporation whose partner, shareholder, or employee is serving as a guardian or conservator shall receive any compensation for legal services performed for the guardian or conservator unless the court specifically approves the right to the compensation and finds that it is to the advantage, benefit, and best interests of the ward or conservatee.
(c) This section shall not apply if the guardian or conservator is related by blood or marriage to, or is a cohabitant with, the ward or conservatee.
(d) After full disclosure of the relationships of all persons to receive compensation for legal services under this section, the court may, in its discretion and at any time, approve the right to that compensation, including any time during the pendency of any of the following orders:
(1) An order appointing the guardian or conservator.
(2) An order approving the general plan under Section 1831.
(3) An order settling any account of the guardian or conservator.
(4) An order approving a separate petition, with notice given under Section 2581.
(Added by Stats. 1993, Ch. 293, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 8 - Compensation of Guardian, Conservator, and Attorney › Section 2646.

2646. In proceedings under this chapter, the court shall only determine fees that are payable from the estate of the ward or conservatee and not limit fees payable from other sources.
(Added by Stats. 1995, Ch. 730, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 8 - Compensation of Guardian, Conservator, and Attorney › Section 2647.

2647. No attorney fees may be paid from the estate of the ward or conservatee without prior court order. The estate of the ward or conservatee is not obligated to pay attorney fees established by any engagement agreement or other contract until it has been approved by the court. This does not preclude an award of fees by the court pursuant to this chapter even if the contractual obligations are unenforceable pursuant to this section.
(Added by Stats. 2007, Ch. 553, Sec. 24. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 9 - Removal or Resignation › ARTICLE 1 - Removal of Guardian or Conservator › Section 2650.

2650. A guardian or conservator may be removed for any of the following causes:
(a) Failure to use ordinary care and diligence in the management of the estate.
(b) Failure to file an inventory or an account within the time allowed by law or by court order.
(c) Continued failure to perform duties or incapacity to perform duties suitably.
(d) Conviction of a felony, whether before or after appointment as guardian or conservator.
(e) Gross immorality.
(f) Having such an interest adverse to the faithful performance of duties that there is an unreasonable risk that the guardian or conservator will fail faithfully to perform duties.
(g) In the case of a guardian of the person or a conservator of the person, acting in violation of any provision of Section 2356.
(h) In the case of a guardian of the estate or a conservator of the estate, insolvency or bankruptcy of the guardian or conservator.
(i) In the case of a conservator appointed by a court in another jurisdiction, removal because that person would not have been appointed in this state despite being eligible to serve under the law of this state.
(j) In any other case in which the court in its discretion determines that removal is in the best interests of the ward or conservatee; but, in considering the best interests of the ward, if the guardian was nominated under Section 1500 or 1501, the court shall take that fact into consideration.
(Amended by Stats. 2014, Ch. 553, Sec. 26. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 9 - Removal or Resignation › ARTICLE 1 - Removal of Guardian or Conservator › Section 2651.

2651. The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any interested person may apply by petition to the court to have the guardian or conservator removed. The petition shall state facts showing cause for removal.
(Amended by Stats. 2001, Ch. 893, Sec. 41. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 9 - Removal or Resignation › ARTICLE 1 - Removal of Guardian or Conservator › Section 2652.

2652. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(Enacted by Stats. 1990, Ch. 79.)