reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1418.

1418. “Court,” when used in connection with matters in the guardianship or conservatorship proceeding, means the court in which such proceeding is pending.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1419.

1419. “Court investigator” means the person referred to in Section 1454.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1419.5.

1419.5. “Custodial parent” means the parent who either (a) has been awarded sole legal and physical custody of the child in another proceeding, or (b) with whom the child resides if there is currently no operative custody order. If the child resides with both parents, then they are jointly the custodial parent.
(Added by Stats. 1993, Ch. 978, Sec. 1. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1420.

1420. “Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial handicap for the individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term includes intellectual disability, cerebral palsy, epilepsy, and autism. This term also includes handicapping conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but does not include other handicapping conditions that are solely physical in nature.
(Amended by Stats. 2012, Ch. 457, Sec. 44. (SB 1381) Effective January 1, 2013.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1424.

1424. “Interested person” includes, but is not limited to:
(a) Any interested state, local, or federal entity or agency.
(b) Any interested public officer or employee of this state or of a local public entity of this state or of the federal government.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1430.

1430. “Petition” includes an application or request in the nature of a petition.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1431.

1431. “Proceedings to establish a limited conservatorship” include proceedings to modify or revoke the powers or duties of a limited conservator.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1440.

1440. “Secretary concerned” has the same meaning as provided in United States Code, Title 37, Section 101.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1446.

1446. “Single-premium deferred annuity” means an annuity offered by an admitted life insurer for the payment of a one-time lump-sum premium and for which the insurer neither assesses any initial charges or administrative fees against the premium paid nor exacts or assesses any penalty for withdrawal of any funds by the annuitant after a period of five years.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1449.

1449. (a) As used in this division, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian tribe,” “reservation,” and “tribal court” shall be defined as provided in Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(b) When used in connection with an Indian child custody proceeding, the terms “extended family member” and “parent” shall be defined as provided in Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(c) “Indian child custody proceeding” means a “child custody proceeding” within the meaning of Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), including a voluntary or involuntary proceeding that may result in an Indian child’s temporary or long-term foster care or guardianship placement if the parent or Indian custodian cannot have the child returned upon demand, termination of parental rights or adoptive placement.
(d) When an Indian child is a member of more than one tribe or is eligible for membership in more than one tribe, the court shall make a determination, in writing together with the reasons for it, as to which tribe is the Indian child’s tribe for purposes of the Indian child custody proceeding. The court shall make that determination as follows:
(1) If the Indian child is or becomes a member of only one tribe, that tribe shall be designated as the Indian child’s tribe, even though the child is eligible for membership in another tribe.
(2) If an Indian child is or becomes a member of more than one tribe, or is not a member of any tribe but is eligible for membership in more than one tribe, the tribe with which the child has the more significant contacts shall be designated as the Indian child’s tribe. In determining which tribe the child has the more significant contacts with, the court shall consider, among other things, the following factors:
(A) The length of residence on or near the reservation of each tribe and frequency of contact with each tribe.
(B) The child’s participation in activities of each tribe.
(C) The child’s fluency in the language of each tribe.
(D) Whether there has been a previous adjudication with respect to the child by a court of one of the tribes.
(E) The residence on or near one of the tribes’ reservations by the child parents, Indian custodian, or extended family members.
(F) Tribal membership of custodial parent or Indian custodian.
(G) Interest asserted by each tribe in response to the notice specified in Section 1460.2.
(H) The child’s self-identification.
(3) If an Indian child becomes a member of a tribe other than the one designated by the court as the Indian child’s tribe under paragraph (2), actions taken based on the court’s determination prior to the child’s becoming a tribal member shall continue to be valid.
(Added by Stats. 2006, Ch. 838, Sec. 16. Effective January 1, 2007.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 1452.

1452. Except as otherwise specifically provided in this division, there is no right to trial by jury in proceedings under this division.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 1453.

1453. A motion for a new trial may be made only in cases in which, under the provisions of this division, a right to jury trial is expressly granted, whether or not the case was tried by a jury.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 1454.

1454. (a) The court shall appoint a court investigator when one is required for the purposes of a proceeding under this division. The person appointed as the court investigator shall be an officer or special appointee of the court with no personal or other beneficial interest in the proceeding.
(b) The person appointed as the court investigator shall have the following qualifications:
(1) The training or experience, or both, necessary (i) to make the investigations required under this division, (ii) to communicate with, assess, and deal with persons who are or may be the subject of proceedings under this division, and (iii) to perform the other duties required of a court investigator.
(2) A demonstrated sufficient knowledge of law so as to be able to inform conservatees and proposed conservatees of the nature and effect of a conservatorship proceeding and of their rights, to answer their questions, and to inform conservators concerning their powers and duties.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 1455.

1455. Any petition for instructions or to grant a guardian or a conservator any power or authority under this division, which may be filed by a guardian or conservator, may also be filed by a person who petitions for the appointment of a guardian or conservator, including, but not limited to, a person who petitions under Section 2002 for transfer of conservatorship.
(Amended by Stats. 2014, Ch. 553, Sec. 4. (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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 1456.

1456. (a) In addition to any other requirements that are part of the judicial branch education program, on or before January 1, 2008, the Judicial Council shall adopt a rule of court that shall do all of the following:
(1) Specifies the qualifications of a court-employed staff attorney, examiner, and investigator, and any attorney appointed pursuant to Sections 1470 and 1471.
(2) Specifies the number of hours of education in classes related to conservatorships or guardianships that a judge who is regularly assigned to hear probate matters shall complete, upon assuming the probate assignment, and then over a three-year period on an ongoing basis.
(3) Specifies the number of hours of education in classes related to conservatorships or guardianships that a court-employed staff attorney, examiner, and investigator, and any attorney appointed pursuant to Sections 1470 and 1471 shall complete each year.
(4) Specifies the particular subject matter that shall be included in the education required each year. The subject matter shall, at a minimum, include the less restrictive alternatives to conservatorship set forth in Section 1800.3.
(5) Specifies reporting requirements to ensure compliance with this section.
(b) In formulating the rule required by this section, the Judicial Council shall consult with interested parties, including, but not limited to, the California Judges Association, the California Association of Superior Court Investigators, the California Public Defenders Association, the County Counsels’ Association of California, the State Bar of California, the National Guardianship Association, the Professional Fiduciary Association of California, the California Association of Public Administrators, Public Guardians and Public Conservators, a disability rights organization, the State Council on Developmental Disabilities, the State Department of Developmental Services, the California Department of Aging, and the Association of Professional Geriatric Care Managers.
(Amended by Stats. 2022, Ch. 894, Sec. 3. (AB 1663) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 1456.2.

1456.2. On or before January 1, 2010, the public conservator shall comply with the continuing education requirements that are established by the California State Association of Public Administrators, Public Guardians, and Public Conservators.
(Added by Stats. 2008, Ch. 237, Sec. 2. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 1456.5.

1456.5. Each court shall ensure compliance with the requirements of filing the inventory and appraisal and the accountings required by this division. Courts may comply with this section in either of the following ways:
(a) By placing on the court’s calendar, at the time of the appointment of the guardian or conservator and at the time of approval of each accounting, a future hearing date to enable the court to confirm timely compliance with these requirements.
(b) By establishing and maintaining internal procedures to generate an order for appearance and consideration of appropriate sanctions or other actions if the guardian or conservator fails to comply with the requirements of this section.
(Added by Stats. 2007, Ch. 553, Sec. 3. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 1457.

1457. In order to assist relatives and friends who may seek appointment as a nonprofessional conservator or guardian the Judicial Council shall, on or before January 1, 2008, develop a short educational program of no more than three hours that is user-friendly and shall make that program available free of charge to each proposed conservator and guardian and each court-appointed conservator and guardian who is not required to be licensed as a professional conservator or guardian pursuant to Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code. The program may be available by video presentation or Internet access.
(Amended by Stats. 2007, Ch. 553, Sec. 4. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 1459.5.

1459.5. (a)  The Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) shall apply to the following guardianship or conservatorship proceedings under this division when the proposed ward or conservatee is an Indian child:
(1) In any case in which the petition is a petition for guardianship of the person and the proposed guardian is not the natural parent or Indian custodian of the proposed ward, unless the proposed guardian has been nominated by the natural parents pursuant to Section 1500 and the parents retain the right to have custody of the child returned to them upon demand.
(2) To a proceeding to have an Indian child declared free from the custody and control of one or both parents brought in a guardianship proceeding.
(3) In any case in which the petition is a petition for conservatorship of the person of a minor whose marriage has been dissolved, the proposed conservator is seeking physical custody of the minor, the proposed conservator is not the natural parent or Indian custodian of the proposed conservatee and the natural parent or Indian custodian does not retain the right to have custody of the child returned to them upon demand.
(b) When the Indian Child Welfare Act applies to a proceeding under this division, the court shall apply Sections 224.3 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code, and the following rules from the California Rules of Court, as they read on January 1, 2005:
(1) Paragraph (7) of subdivision (b) of Rule 1410.
(2) Subdivision (i) of Rule 1412.
(c) In the provisions cited in subdivision (b), references to social workers, probation officers, county welfare department, or probation department shall be construed as meaning the party seeking a foster care placement, guardianship, or adoption.
(Added by Stats. 2006, Ch. 838, Sec. 18. Effective January 1, 2007.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Notices › Section 1460.

1460. (a) Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and place of the hearing shall be given at least 15 days before the day of the hearing as provided in this section.
(b) Subject to subdivision (e), the petitioner, who includes, for purposes of this section, a person filing a petition, report, or account, shall cause the notice of hearing to be delivered pursuant to Section 1215, to each of the following persons:
(1) The guardian or conservator.
(2) The ward or the conservatee.
(3) The spouse of the ward or conservatee, if the ward or conservatee has a spouse, or the domestic partner of the conservatee, if the conservatee has a domestic partner.
(4) Any person who has requested special notice of the matter, as provided in Section 2700.
(5) For any hearing on a petition to terminate a guardianship, to accept the resignation of a guardian, or to remove a guardian, the persons described in subdivision (c) of Section 1510.
(6) For any hearing to consider terminating a conservatorship, to accept the resignation of a conservator, or to remove a conservator, the persons described in subdivision (b) of Section 1821.
(c) The clerk of the court shall cause the notice of the hearing to be posted as provided in Section 1230 if the posting is required by subdivision (c) of Section 2543.
(d) Except as provided in subdivision (e), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 10 (commencing with Section 2700) of Part 4.
(e) The court, for good cause, may dispense with the notice otherwise required to be given to a person as provided in this section.
(Amended by Stats. 2021, Ch. 417, Sec. 5. (AB 1194) Effective January 1, 2022.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Notices › Section 1460.1.

1460.1. Notwithstanding any other provision of this division, no notice is required to be given to any child under the age of 12 years if the court determines either of the following:
(a) Notice was properly given to a parent, guardian, or other person having legal custody of the minor, with whom the minor resides.
(b) The petition is brought by a parent, guardian, or other person having legal custody of the minor, with whom the minor resides.
(Added by Stats. 1997, Ch. 724, Sec. 9. Effective January 1, 1998.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Notices › Section 1461.

1461. (a) As used in this section, “director” means:
(1) The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hospitals.
(2) The Director of Developmental Services when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of Developmental Services.
(b) Notice of the time and place of hearing on the petition, report, or account, and a copy of the petition, report, or account, shall be delivered pursuant to Section 1215 to the director at the director’s office in Sacramento or to the electronic address designated by the director for receipt of notice pursuant to this code, at least 15 days before the hearing if both of the following conditions exist:
(1) The ward or conservatee is or has been during the guardianship or conservatorship proceeding a patient in, or on leave from, a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services.
(2) The petition, report, or account is filed under any one or more of the following provisions: Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. Notice under this section is not required in the case of an account pursuant to Section 2620 if the total guardianship or conservatorship assets are less than one thousand five hundred dollars ($1,500) and the gross annual income, exclusive of any public assistance income, is less than six thousand dollars ($6,000), and the ward or conservatee is not a patient in, or on leave or on outpatient status from, a state hospital at the time of the filing of the petition.
(c) If the ward or conservatee has been discharged from the state hospital, the director, upon ascertaining the facts, may file with the court a certificate stating that the ward or conservatee is not indebted to the state and waive the giving of further notices under this section. Upon the filing of the certificate of the director, compliance with this section thereafter is not required unless the certificate is revoked by the director and notice of the revocation is filed with the court.
(d) The statute of limitations does not run against any claim of the State Department of State Hospitals or the State Department of Developmental Services against the estate of the ward or conservatee for board, care, maintenance, or transportation with respect to an account that is settled without giving the notice required by this section.
(Amended by Stats. 2017, Ch. 319, Sec. 27. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Notices › Section 1461.4.

1461.4. (a) The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled at least 30 days before the day of the hearing on a petition for appointment in any case in which all of the following conditions exist:
(1) The proposed ward or conservatee has developmental disabilities.
(2) The proposed guardian or conservator is not the natural parent of the proposed ward or conservatee.
(3) The proposed guardian or conservator is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or is a spouse or employee of a provider.
(4) The proposed guardian or conservator is not a public entity.
(b) The regional center shall file a written report and recommendation with the court regarding the suitability of the petitioners to meet the needs of the proposed ward or conservatee in any case described in subdivision (a).
(Amended by Stats. 2017, Ch. 319, Sec. 28. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Notices › Section 1461.5.

1461.5. Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be delivered pursuant to Section 1215 to the office of the Veterans Administration having jurisdiction over the area in which the court is located at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist:
(a) The guardianship or conservatorship estate consists or will consist wholly or in part of any of the following:
(1) Money received from the Veterans Administration.
(2) Revenue or profit from such money or from property acquired wholly or in part from such money.
(3) Property acquired wholly or in part with such money or from such property.
(b) The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6.
(Amended by Stats. 2017, Ch. 319, Sec. 29. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Notices › Section 1461.7.

1461.7. Unless the court for good cause dispenses with such notice, notice of the time and place of the hearing on a petition, report, or account, together with a copy of the petition, report, or account, shall be given to the same persons who are required to be given notice under Section 2581 for the period and in the manner provided in this chapter if both of the following conditions exist:
(a) A conservator of the estate has been appointed under Article 5 (commencing with Section 1845) of Chapter 1 of Part 3 for a person who is missing and whose whereabouts is unknown.
(b) The petition, report, or account is filed in the conservatorship proceeding under any one or more of the following provisions:
(1) Section 1861 or 2423.
(2) Article 7 (commencing with Section 2540) of Chapter 6 of Part 4.
(3) Section 2570, 2571, 2580, 2592, or 2620.
(4) Chapter 8 (commencing with Section 2640) of Part 4.
(5) Chapter 9.5 (commencing with Section 2670) of Part 4.
(6) Chapter 3 (commencing with Section 3100) of Part 6.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Notices › Section 1467.

1467. If service is made by mail pursuant to this division in the manner authorized in Section 415.30 of the Code of Civil Procedure, the service is complete on the date a written acknowledgment of receipt is executed.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Notices › Section 1469.

1469. Where a provision of this division applies the provisions of this code applicable to personal representatives to proceedings under this division, a reference to Section 1220 in the provisions applicable to personal representatives shall be deemed to be a reference to this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 4 - Appointment of Legal Counsel › Section 1470.

1470. (a) The court may appoint private legal counsel for a ward, a proposed ward, a conservatee, or a proposed conservatee in any proceeding under this division if the court determines the person is not otherwise represented by legal counsel and that the appointment would be helpful to the resolution of the matter or is necessary to protect the person’s interests.
(b) If a person is furnished legal counsel under this section, the court shall, upon conclusion of the matter, fix a reasonable sum for compensation and expenses of counsel. The sum may, in the discretion of the court, include compensation for services rendered, and expenses incurred, before the date of the order appointing counsel.
(c) The court shall order the sum fixed under subdivision (b) to be paid:
(1) If the person for whom legal counsel is appointed is an adult, from the estate of that person.
(2) If the person for whom legal counsel is appointed is a minor, by a parent or the parents of the minor or from the minor’s estate, or any combination thereof, in any proportions the court deems just.
(3) If a ward or proposed ward is furnished legal counsel for a guardianship proceeding, upon its own motion or that of a party, the court shall determine whether a parent or parents of the ward or proposed ward or the estate of the ward or proposed ward is financially unable to pay all or a portion of the cost of counsel appointed pursuant to this section. Any portion of the cost of that counsel that the court finds the parent or parents or the estate of the ward or proposed ward is unable to pay shall be paid by the county. The Judicial Council shall adopt guidelines to assist in determining financial eligibility for county payment of counsel appointed by the court pursuant to this chapter.
(d) The court may make an order under subdivision (c) requiring payment by a parent or parents of the minor only after the parent or parents, as the case may be, have been given notice and the opportunity to be heard on whether the order would be just under the circumstances of the particular case.
(Amended by Stats. 2007, Ch. 719, Sec. 1. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 4 - Appointment of Legal Counsel › Section 1471.

1471. (a) If a conservatee, proposed conservatee, or person alleged to lack legal capacity is not represented by legal counsel and does not plan to retain counsel, whether or not that person lacks or appears to lack legal capacity, the court shall, at or before the time of the hearing, appoint the public defender or private counsel to represent the person in the following proceedings under this division:
(1) A proceeding to establish or transfer a conservatorship or to appoint a proposed conservator.
(2) A proceeding to terminate the conservatorship.
(3) A proceeding to remove the conservator.
(4) A proceeding for a court order affecting the legal capacity of the conservatee.
(5) A proceeding to obtain an order authorizing removal of a temporary conservatee from the temporary conservatee’s place of residence.
(b) In a proceeding to establish a limited conservatorship, if the proposed limited conservatee has not retained legal counsel and does not plan to retain legal counsel, the court shall immediately appoint the public defender or private counsel to represent the proposed limited conservatee. The proposed limited conservatee shall pay the cost for that legal service if they are able. This subdivision applies irrespective of any medical or psychological inability to attend the hearing on the part of the proposed limited conservatee as allowed in Section 1825.
(c) If a conservatee, proposed conservatee, or person alleged to lack legal capacity expresses a preference for a particular attorney to represent them, the court shall allow representation by the preferred attorney, even if the attorney is not on the court’s list of a court-appointed attorneys, and the attorney shall provide zealous representation as provided in subdivision (d). However, an attorney who cannot provide zealous advocacy or who has a conflict of interest with respect to the representation of the conservatee, proposed conservatee, or person alleged to lack legal capacity shall be disqualified.
(d) The role of legal counsel of a conservatee, proposed conservatee, or a person alleged to lack legal capacity is that of a zealous, independent advocate representing the wishes of their client, consistent with the duties set forth in Section 6068 of the Business and Professions Code and the California Rules of Professional Conduct.
(e) In an appeal or writ proceeding arising out of a proceeding described in this section, if a conservatee or proposed conservatee is not represented by legal counsel, the reviewing court shall appoint legal counsel to represent the conservatee or proposed conservatee before the court.
(Amended by Stats. 2022, Ch. 420, Sec. 32. (AB 2960) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 4 - Appointment of Legal Counsel › Section 1472.

1472. (a) If a person is furnished legal counsel under Section 1471:
(1) The court shall, upon conclusion of the matter, fix a reasonable sum for compensation and expenses of counsel and shall make a determination of the person’s ability to pay all or a portion of that sum. The sum may, in the discretion of the court, include compensation for services rendered, and expenses incurred, before the date of the order appointing counsel.
(2) If the court determines that the person has the ability to pay all or a portion of the sum, the court shall order the conservator of the estate or, if none, the person, to pay in any installments and in any manner the court determines to be reasonable and compatible with the person’s financial ability.
(3) In a proceeding under Chapter 3 (commencing with Section 3100) of Part 6 for court authorization of a proposed transaction involving community property, the court may order payment out of the proceeds of the transaction.
(4) If a conservator is not appointed for the person furnished legal counsel, the order for payment may be enforced in the same manner as a money judgment.
(b) If the court determines that a person furnished private counsel under Section 1471 lacks the ability to pay all or a portion of the sum determined under paragraph (1) of subdivision (a), the county shall pay the sum to the private counsel to the extent the court determines the person is unable to pay.
(c) The payment ordered by the court under subdivision (a) shall be made to the county if the public defender has been appointed or if private counsel has been appointed to perform the duties of the public defender and the county has compensated that counsel. In the case of other court-appointed counsel, the payment shall be made to that counsel.
(Amended by Stats. 1992, Ch. 572, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 4 - Appointment of Legal Counsel › Section 1474.

1474. If an Indian custodian or biological parent of an Indian child lacks the financial ability to retain counsel and requests the appointment of counsel in proceedings described in Section 1459.5, the provisions of subsection (b) of Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Section 23.13 of Title 25 of the Code of Federal Regulations are applicable.
(Added by Stats. 2006, Ch. 838, Sec. 20. Effective January 1, 2007.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 5 - Transitional Provisions › Section 1488.

1488. If before January 1, 1981, an adult has in a signed writing nominated a person to serve as guardian if a guardian is in the future appointed for such adult, such nomination shall be deemed to be a nomination of a conservator. This section applies whether or not the signed writing was executed in the same manner as a witnessed will so long as the person signing the writing had at the time the writing was signed sufficient capacity to form an intelligent preference.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 5 - Transitional Provisions › Section 1489.

1489. If, before January 1, 1981, a parent or other person has in a signed writing appointed a person to serve as the guardian of the person or estate or both of a minor, or as the guardian of the property the minor receives from or by designation of the person making the appointment, such appointment shall be deemed to be a nomination of a guardian if the requirements of Section 1500 or 1501 are satisfied and, in such case, shall be given the same effect it would have under Section 1500 or 1501, as the case may be, if made on or after January 1, 1981. This section applies whether or not the signed writing is a will or deed so long as the person signing the writing had at the time the writing was signed sufficient capacity to form an intelligent preference.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 5 - Transitional Provisions › Section 1490.

1490. Except as set forth in Section 1510.1, when used in any statute of this state with reference to an adult or to the person of a married minor, “guardian” means the conservator of that adult or the conservator of the person in the case of the married minor.
(Amended by Stats. 2016, Ch. 86, Sec. 244. (SB 1171) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 1 - Nomination of Guardian › Section 1500.

1500. Subject to Section 1502, a parent may nominate a guardian of the person or estate, or both, of a minor child in either of the following cases:
(a) Where the other parent nominates, or consents in writing to the nomination of, the same guardian for the same child.
(b) Where, at the time the petition for appointment of the guardian is filed, either (1) the other parent is dead or lacks legal capacity to consent to the nomination or (2) the consent of the other parent would not be required for an adoption of the child.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 1 - Nomination of Guardian › Section 1500.1.

1500.1. (a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent to nomination of a guardian of the person or of a guardian of the person and the estate given by an Indian child’s parent is not valid unless both of the following occur:
(1) The consent is executed in writing at least 10 days after the child’s birth and recorded before a judge.
(2) The judge certifies that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that they were interpreted into a language that the parent understood.
(b) The parent of an Indian child may withdraw his or her consent to guardianship for any reason at any time prior to the issuance of letters of guardianship and the child shall be returned to the parent.
(Added by Stats. 2006, Ch. 838, Sec. 21. Effective January 1, 2007.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 1 - Nomination of Guardian › Section 1501.

1501. Subject to Section 1502, a parent or any other person may nominate a guardian for property that a minor receives from or by designation of the nominator (whether before, at the time of, or after the nomination) including, but not limited to, property received by the minor by virtue of a gift, deed, trust, will, succession, insurance, or benefits of any kind.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 1 - Nomination of Guardian › Section 1502.

1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed.
(b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such conditions as the subsequent legal incapacity or death of the person making the nomination.
(c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 2 - Appointment of Guardian Generally › Section 1510.1.

1510.1. (a) (1) With the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a petition to make the necessary findings regarding special immigrant juvenile status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure.
(2) A petition for guardianship of the person of a proposed ward who is 18 years of age or older, but who has not yet attained 21 years of age, may be filed by a parent, relative, or any other person on behalf of the proposed ward, or the proposed ward.
(b) (1) At the request of, or with the consent of, the ward, the court may extend an existing guardianship of the person for a ward past 18 years of age, for purposes of allowing the ward to complete the application process with the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2) A relative or any other person on behalf of a ward, or the ward, may file a petition to extend the guardianship of the person for a period of time not to extend beyond the ward reaching 21 years of age.
(c) This section does not authorize the guardian to abrogate any of the rights that a person who has attained 18 years of age may have as an adult under state law, including, but not limited to, decisions regarding the ward’s medical treatment, education, or residence, without the ward’s express consent.
(d) For purposes of this division, the terms “child,” “minor,” and “ward” include an unmarried individual who is younger than 21 years of age and who, pursuant to this section, consents to the appointment of a guardian or extension of a guardianship after he or she attains 18 years of age.
(e) The Judicial Council shall, by July 1, 2016, adopt any rules and forms needed to implement this section.
(Amended by Stats. 2018, Ch. 209, Sec. 1. (AB 2090) Effective January 1, 2019.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 2 - Appointment of Guardian Generally › Section 1512.

1512. Within 10 days after the petitioner in the guardianship proceeding becomes aware of any proceeding not disclosed in the guardianship petition affecting the custody of the proposed ward (including any adoption, juvenile court, marriage dissolution, domestic relations, or other similar proceeding affecting the proposed ward), the petitioner shall amend the guardianship petition to disclose the other proceeding.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 2 - GUARDIANSHIP › CHAPTER 1 - Establishment of Guardianship › ARTICLE 2 - Appointment of Guardian Generally › Section 1513.1.

1513.1. (a) Each court or county shall assess (1) the parent, parents, or other person charged with the support and maintenance of the ward or proposed ward, and (2) the guardian, proposed guardian, or the estate of the ward or proposed ward, for court or county expenses incurred for any investigation or review conducted by the court investigator, probation officer, or domestic relations investigator. Subject to Section 68631 of the Government Code, the court may order reimbursement to the court or to the county in the amount of the assessment, unless the court finds that all or any part of the assessment would impose a hardship on the ward or the ward’s estate. A county may waive any or all of an assessment against the guardianship on the basis of hardship. There shall be a rebuttable presumption that the assessment would impose a hardship if the ward is receiving Medi-Cal benefits.
(b) Any amount chargeable as state-mandated local costs incurred by a county for the cost of the investigation or review shall be reduced by any assessments actually collected by the county pursuant to subdivision (a) during that fiscal year.
(Amended by Stats. 2014, Ch. 913, Sec. 27.5. (AB 2747) Effective January 1, 2015.)