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 9 - Removal or Resignation › ARTICLE 1 - Removal of Guardian or Conservator › Section 2653.

2653. (a) The guardian or conservator, the ward or conservatee, the spouse of the ward or the spouse or registered domestic partner of the conservatee, a relative or friend of the ward or conservatee, and any interested person may appear at the hearing and support or oppose the petition.
(b) If the court determines that cause for removal of the guardian or conservator exists, the court may remove the guardian or conservator, revoke the letters of guardianship or conservatorship, and enter judgment accordingly and, in the case of a guardianship or conservatorship of the estate, order the guardian or conservator to file an accounting and to surrender the estate to the person legally entitled thereto. If the guardian or conservator fails to file the accounting as ordered, the court may compel the accounting pursuant to Section 2620.2.
(c) If the court removes the guardian or conservator for cause, as described in subdivisions (a) to (g), inclusive, of Section 2650 or Section 2655, all of the following shall apply:
(1) The court shall award the petitioner the costs of the petition and other expenses and costs of litigation, including attorney’s fees, incurred under this article.
(2) The guardian or conservator may not deduct from, or charge to, the estate the guardian’s or conservator’s costs of opposing the petition for removal, and is personally liable for those costs and expenses.
(3) If the court removes a professional fiduciary as guardian or conservator for cause, the court shall report that determination and the basis for removal to the Professional Fiduciaries Bureau. If the court reports an action taken under this section, the court shall provide the bureau, at no charge, with access to the information, including confidential information, regarding its investigation of the professional fiduciary contained in court records. The bureau shall maintain the confidentiality of the information, as required by paragraph (4) of subdivision (a) of Section 6580 of the Business and Professions Code or any other applicable state or federal law.
(d) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by the measure that added this subdivision until the Legislature makes an appropriation identified for this purpose.
(Amended by Stats. 2021, Ch. 417, Sec. 26. (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 9 - Removal or Resignation › ARTICLE 1 - Removal of Guardian or Conservator › Section 2654.

2654. Whenever it appears that the ward or conservatee or the estate may suffer loss or injury during the time required for notice and hearing under this article, the court, on its own motion or on petition, may do either or both of the following:
(a) Suspend the powers of the guardian or conservator pending notice and hearing to such extent as the court deems necessary.
(b) Compel the guardian or conservator to surrender the estate to a custodian designated by 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 9 - Removal or Resignation › ARTICLE 1 - Removal of Guardian or Conservator › Section 2655.

2655. (a) A guardian or conservator may be removed from office if the guardian or conservator is found in contempt for disobeying an order of the court.
(b) Notwithstanding any other provision of this article, a guardian or conservator may be removed from office under subdivision (a) by a court order reciting the facts and without further showing or notice.
(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 9 - Removal or Resignation › ARTICLE 2 - Resignation of Guardian or Conservator › Section 2660.

2660. A guardian or conservator may at any time file with the court a petition tendering the resignation of the guardian or conservator. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. The court shall allow such resignation when it appears proper, to take effect at such time as the court shall fix, and may make any order as may be necessary to deal with the guardianship or conservatorship during the period prior to the appointment of a new guardian or conservator and the settlement of the accounts of the resigning guardian or conservator.
(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 9 - Removal or Resignation › ARTICLE 2 - Resignation of Guardian or Conservator › Section 2662.

2662. Whenever the court grants a petition removing the guardian or conservator of a minor ward or conservatee or tendering the resignation of the guardian or conservator of a minor ward or conservatee, if the court does not immediately appoint a successor guardian or conservator, the court shall at the same time appoint a responsible adult to make educational decisions for the minor until a successor guardian or conservator is appointed. Whenever the court suspends or limits the powers of the guardian or conservator to make educational decisions for a minor ward or conservatee, the court shall at the same time appoint a responsible adult to make educational decisions for the minor ward or conservatee until the guardian or conservator is again authorized to make educational decisions for the minor ward or conservatee. An individual who would have a conflict of interest in representing the child may not be appointed to make educational decisions. For purposes of this section, “an individual who would have a conflict of interest,” means a person having any interests that might restrict or bias his or her ability to make educational decisions, including, but not limited to, those conflicts of interest prohibited by Section 1126 of the Government Code, and the receipt of compensation or attorneys’ fees for the provision of services pursuant to this section. A foster parent may not be deemed to have a conflict of interest solely because he or she receives compensation for the provision of services pursuant to this section.
(Added by Stats. 2002, Ch. 180, Sec. 1. Effective January 1, 2003.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 1 - Appointment of Successor Guardian › Section 2670.

2670. When for any reason a vacancy occurs in the office of guardian, the court may appoint a successor guardian, after notice and hearing as in the case of an original appointment of a guardian.
(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 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 2 - Appointment of Successor Conservator › Section 2680.

2680. When for any reason a vacancy occurs in the office of conservator, the court may appoint a successor conservator in the manner provided in this article.
(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 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 2 - Appointment of Successor Conservator › Section 2681.

2681. A petition for appointment of a successor conservator may be filed by any of the following:
(a) The conservatee.
(b) The spouse or domestic partner of the conservatee.
(c) A relative of the conservatee.
(d) Any interested state or local entity or agency of this state or any interested public officer or employee of this state or of a local public entity of this state.
(e) Any other interested person or friend of the conservatee.
(Amended by Stats. 2001, Ch. 893, Sec. 43. 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 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 2 - Appointment of Successor Conservator › Section 2682.

2682. (a) The petition shall request that a successor conservator be appointed for the person or estate, or both, and shall specify the name and address of the proposed successor conservator and the name and address of the conservatee.
(b) The petition shall set forth, so far as they are known to the petitioner, the names and addresses of the spouse or domestic partner and of the relatives of the conservatee within the second degree.
(c) If the petition is filed by one other than the conservatee, the petition shall state whether or not the petitioner is a creditor or debtor of the conservatee.
(d) If the conservatee is a patient in or on leave of absence from a state institution under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services and that fact is known to the petitioner, the petition shall state that fact and name the institution.
(e) The petition shall state, so far as is known to the petitioner, whether or not the conservatee is receiving or is entitled to receive benefits from the Veterans Administration and the estimated amount of the monthly benefit payable by the Veterans Administration for the conservatee.
(f) The petition shall state whether or not the conservatee will be present at the hearing.
(Amended by Stats. 2012, Ch. 440, Sec. 48. (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 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 2 - Appointment of Successor Conservator › Section 2683.

2683. (a) At least 15 days before the hearing on the petition for appointment of a successor conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition.
(b) Notice shall be delivered pursuant to Section 1215 to the persons designated in Section 1460 and to the relatives named in the petition.
(c) If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d) If notice is required by Section 1461.5 to be given to the Veterans Administration, notice shall be delivered pursuant to Section 1215 as required.
(Amended by Stats. 2017, Ch. 319, Sec. 50. (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 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 2 - Appointment of Successor Conservator › Section 2684.

2684. Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following:
(a) Interview the conservatee personally.
(b) Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the person proposed as successor conservator, and the conservatee’s right to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(c) Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed.
(d) If the conservatee is not represented by legal counsel, determine whether the conservatee wishes to be represented by legal counsel and, if so, determine the name of an attorney the conservatee wishes to retain or whether the conservatee desires the court to appoint legal counsel.
(e) Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee in any case where the conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(f) Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatee’s express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed.
(g) Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in subdivision (f) to all of the following:
(1) The attorney, if any, for the petitioner.
(2) The attorney, if any, for the conservatee.
(3) Any other persons as the court orders.
(Amended by Stats. 2017, Ch. 319, Sec. 51. (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 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 2 - Appointment of Successor Conservator › Section 2685.

2685. If the conservatee is present at the hearing, prior to making an order appointing a successor conservator the court shall do all of the following:
(a) Inform the conservatee of the nature and purpose of the proceeding.
(b) Inform the conservatee that the conservatee has the right to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, and, if not represented by legal counsel, to be represented by legal counsel if the conservatee so chooses and to have legal counsel appointed by the court if unable to retain legal counsel.
(c) After the court so informs the conservatee, the court shall consult the conservatee to determine the conservatee’s opinion concerning the question of who should be appointed as successor conservator.
(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 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 2 - Appointment of Successor Conservator › Section 2686.

2686. If the petition states that the conservatee will be present at the hearing and the conservatee fails to appear at the hearing, the court shall continue the hearing and direct the court investigator to perform the duties set forth in Section 2684.
(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 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 2 - Appointment of Successor Conservator › Section 2687.

2687. The conservatee, the spouse, the domestic partner, or any relative or friend of the conservatee, or any other interested person may appear at the hearing to support or oppose the petition.
(Amended by Stats. 2001, Ch. 893, Sec. 45. 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 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 2 - Appointment of Successor Conservator › Section 2688.

2688. (a) The court shall determine the question of who should be appointed as successor conservator according to the provisions of Article 2 (commencing with Section 1810) of Chapter 1 of Part 3.
(b) The order appointing the successor conservator shall contain, among other things, the names, addresses and telephone numbers of the successor conservator, the conservatee’s attorney, if any, and the court investigator, 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 9.5 - Appointment of Successor Guardian or Conservator › ARTICLE 2 - Appointment of Successor Conservator › Section 2689.

2689. If the conservatee is an “absentee” as defined in Section 1403:
(a) The petition for appointment of a successor conservator shall contain the matters required by Section 1841 in addition to the matters required by Section 2682.
(b) Notice of the hearing shall be given as provided by Section 1842 in addition to the requirements of Section 2683, except that notice need not be given to the conservatee.
(c) An interview and report by the court investigator is not required.
(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 10 - Requests for Special Notice › Section 2700.

2700. (a) At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or creditor of the ward or conservatee, or any other interested person, in person or by attorney, may file with the court clerk a written request for special notice.
(b) The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c) Special notice may be requested of any one or more of the following matters:
(1) Petitions filed in the guardianship or conservatorship proceeding.
(2) Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3) Accounts of the guardian or conservator.
(4) Proceedings for the final termination of the guardianship or conservatorship proceeding.
(d) Special notice may be requested of:
(1) Any one or more of the matters in subdivision (c) by describing the matter or matters.
(2) All the matters in subdivision (c) by referring generally to “the matters described in subdivision (c) of Section 2700 of the Probate Code” or by using words of similar meaning.
(e) A copy of the request shall be delivered pursuant to Section 1215 to the guardian or conservator or to the attorney for the guardian or conservator. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f) If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
(Amended by Stats. 2017, Ch. 319, Sec. 52. (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 10 - Requests for Special Notice › Section 2701.

2701. (a) A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.
(b) A new request for special notice may be served and filed at any time as provided in the case of an initial request.
(Amended by Stats. 2006, Ch. 493, Sec. 31. 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 10 - Requests for Special Notice › Section 2702.

2702. (a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other paper shall give written notice pursuant to Section 1215 of the filing, together with a copy of the petition, account, or other paper, and the time and place set for the hearing, to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b) If a request has been made pursuant to this chapter for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
(Amended by Stats. 2017, Ch. 319, Sec. 53. (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 12 - Transfer of Personal Property out of State › Section 2800.

2800. As used in this chapter, “foreign guardian or conservator” means a guardian, conservator, committee, or comparable fiduciary in another jurisdiction.
(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 12 - Transfer of Personal Property out of State › Section 2801.

2801. Subject to the limitations and requirements of this chapter, the court in which the guardianship of the estate or conservatorship of the estate is pending may order the transfer of some or all of the personal property of the estate to a foreign guardian or conservator in another jurisdiction outside this state where the ward or conservatee resides at the time the petition for the order authorizing the transfer is filed.
(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 12 - Transfer of Personal Property out of State › Section 2802.

2802. A petition for an order authorizing a transfer may be filed by any of the following:
(a) The guardian of the estate or the conservator of the estate.
(b) The ward or conservatee.
(c) A foreign guardian or conservator.
(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 12 - Transfer of Personal Property out of State › Section 2803.

2803. The petition shall set forth all of the following:
(a) The name and address of:
(1) The foreign guardian or conservator, who may but need not be the guardian or conservator appointed in this state.
(2) The ward or conservatee.
(3) The guardian or conservator, so far as is known to the petitioner.
(b) The names, ages, and addresses, so far as they are known to the petitioner, of the spouse of the ward or the spouse or domestic partner of the conservatee and of relatives of the ward or conservatee within the second degree.
(c) A brief description of the character, condition, value, and location of the personal property sought to be transferred.
(d) A statement whether the foreign guardian or conservator has agreed to accept the transfer of the property. If the foreign guardian or conservator has so agreed, the acceptance shall be attached as an exhibit to the petition or otherwise filed with the court.
(e) A statement of the manner in which and by whom the foreign guardian or conservator was appointed.
(f) A general statement of the qualifications of the foreign guardian or conservator.
(g) The amount of bond, if any, of the foreign guardian or conservator.
(h) A general statement of the nature and value of the property of the ward or conservatee already under the management or control of the foreign guardian or conservator.
(i) The name of the court having jurisdiction of the foreign guardian or conservator or of the accounts of the foreign guardian or conservator or, if none, the court in which a proceeding may be had with respect to the guardianship or conservatorship if the property is transferred.
(j) Whether there is any pending civil action in this state against the guardian or conservator, the ward or conservatee, or the estate.
(k) A statement of the reasons for the transfer.
(Amended by Stats. 2001, Ch. 893, Sec. 47. 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 12 - Transfer of Personal Property out of State › Section 2804.

2804. At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed in the petition at the address stated in the petition.
(Amended by Stats. 2017, Ch. 319, Sec. 54. (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 12 - Transfer of Personal Property out of State › Section 2805.

2805. Any of the following may appear and file written objections to the petition:
(a) Any person required to be listed in the petition.
(b) Any creditor of the ward or conservatee or of the estate.
(c) The spouse of the ward or the spouse or domestic partner of the conservatee or any relative or friend of the ward or conservatee.
(d) Any other interested person.
(Amended by Stats. 2001, Ch. 893, Sec. 48. 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 12 - Transfer of Personal Property out of State › Section 2806.

2806. The court may grant the petition and order the guardian or conservator to transfer some or all of the personal property of the estate to the foreign guardian or conservator if the court determines all of the following:
(a) The transfer will promote the best interests of the ward or conservatee and the estate.
(b) The substantial rights of creditors or claimants in this state will not be materially impaired by the transfer.
(c) The foreign guardian or conservator is qualified, willing, and able to administer the property to be transferred.
(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 12 - Transfer of Personal Property out of State › Section 2807.

2807. If a transfer is ordered, the court may direct the manner of transfer and impose such terms and conditions as may be just.
(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 12 - Transfer of Personal Property out of State › Section 2808.

2808. (a) If the court’s order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardianship of the estate or the conservatorship of the estate terminated upon the filing with the clerk of the court of a receipt for the property executed by the foreign guardian or conservator.
(b) Unless notice is waived, a copy of the final account of the guardian or conservator and of the petition for discharge, together with a notice of the hearing, shall be delivered pursuant to Section 1215 at least 30 days before the date of the hearing to all persons required to be listed in the petition for transfer, including the foreign guardian or conservator.
(Amended by Stats. 2017, Ch. 319, Sec. 55. (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 14 - Notification to Court by Institutions › Section 2890.

2890. (a) When a guardian or conservator, pursuant to letters of guardianship or conservatorship of the estate, takes possession or control of any asset of the ward or conservatee held by an institution, as defined in subdivision (c), the institution shall file with the court having jurisdiction of the guardianship or conservatorship a statement containing the following information:
(1) The name of the ward or conservatee.
(2) The name of the guardian or joint guardians or conservator or joint conservators.
(3) The court case number.
(4) The name of the institution.
(5) The address of the institution.
(6) The account number of the account, if any, in which the asset was held by the ward or conservatee.
(7) A description of the asset or assets held by the institution. If an asset is a life insurance policy or annuity, the description shall include the policy number, if available. If the asset is a security listed on a public exchange, the description shall include the name and reference number, if available.
(8) The value, if known, or the estimated value otherwise, of the asset on the date the letters were issued by the court to the guardian or conservator, to the extent this value is routinely provided in the statements from the institution to the owner.
(b) Taking possession or control of an asset includes, for purposes of this chapter, changing title to the asset, withdrawing all or any portion of the asset, or transferring all or any portion of an asset from the institution.
(c) For purposes of this chapter, “institution” means an insurance company, insurance broker, insurance agent, investment company, investment bank, securities broker-dealer, investment adviser, financial planner, financial adviser, or any other person who takes, holds, or controls an asset subject to a conservatorship or guardianship that is not a “financial institution” as defined in Section 2892.
(Added by Stats. 2001, Ch. 563, Sec. 7. 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 14 - Notification to Court by Institutions › Section 2891.

2891. (a) The statement filed pursuant to Section 2890 shall be an affidavit by a person having authority to make the statement on behalf of the institution, as defined in Section 2890, and shall include that fact in the statement.
(b) If the affidavit and any accompanying information to be filed pursuant to this section also contains the ward or conservatee’s social security number or any other personal information, including financial information regarding the ward or conservatee which would not be disclosed in an accounting, an inventory and appraisal, or any other nonconfidential pleading filed in the action, the information shall be kept confidential and subject to disclosure to any person only upon order of the court.
(c) This chapter does not apply to any trust arrangement described in subdivision (b) of Section 82 except paragraph (4) of that subdivision relating to assets held in Totten trust.
(d) No fee shall be charged by the court for the filing of the affidavit or related information as required by this section.
(e) The affidavit required by Section 2890 is not required to be filed in a proceeding more than once for each asset. However, all assets held by institutions may be listed in a single affidavit filed with the court.
(f) When a guardian or conservator takes possession or control of an asset in an institution, as defined in Section 2890, the institution may then file with the court the statement required by Section 2890 as to any or all other assets of the ward or conservatee held in the institution.
(Added by Stats. 2001, Ch. 563, Sec. 7. 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 14 - Notification to Court by Institutions › Section 2892.

2892. (a) When a guardian or conservator, pursuant to letters of guardianship or conservatorship of the estate, opens or changes the name to an account or safe-deposit box in a financial institution, as defined in subdivision (b), the financial institution shall send to the court identified in the letters of guardianship or conservatorship a statement containing the following information:
(1) The name of the person with whom the account or safe-deposit box is opened or changed.
(2) The account number or reference number.
(3) The date the account or safe-deposit box was opened or changed ownership pursuant to letters of guardianship or conservatorship.
(4) If the asset is held in an account in a financial institution, the balance as of the date the account was opened or changed.
(5) If the asset is held in a safe-deposit box, and the financial institution has been given access to the safe-deposit box, a list of the contents, including, for example, currency, coins, jewelry, tableware, insurance policies or certificates, stock certificates, bonds, deeds, and wills.
(6) The name and address of the financial institution in which the asset is maintained.
(b) For purposes of this chapter, “financial institution” means a bank, trust, savings and loan association, savings bank, industrial bank, or credit union.
(Amended by Stats. 2003, Ch. 888, Sec. 7. Effective January 1, 2004.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 14 - Notification to Court by Institutions › Section 2893.

2893. (a) The written statement provided pursuant to Section 2892 by the financial institution shall be in the form of an affidavit signed by an officer of the financial institution and the officer shall provide his or her name and title in the affidavit.
(b) The affidavit required by this section is subject to disclosure under the circumstances described in subdivision (l) of Section 7480 of the Government Code under the California Right to Financial Privacy Act (Chapter 20 (commencing with Section 7460) of Division 7 of Title 1 of the Government Code).
(c) This chapter does not apply to any trust arrangement described in subdivision (b) of Section 82 except paragraph (4) of that subdivision relating to assets held in a Totten trust.
(d) The affidavit described in Section 2892 is not required to be filed in a proceeding more than once for each asset. However, all assets held by the financial institution may be listed in a single affidavit filed with the court.
(e) If the affidavit and any accompanying information to be filed pursuant to this section also contains the ward or conservatee’s social security number or any other personal information, including financial information regarding the ward or conservatee which would not be disclosed in an accounting, an inventory and appraisal, or other nonconfidential pleading filed in the action, the information shall be kept confidential and subject to disclosure to any person only upon order of the court.
(Added by Stats. 2001, Ch. 563, Sec. 7. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 5 - PUBLIC GUARDIAN › CHAPTER 1 - Taking Temporary Possession or Control of Property › Section 2901.

2901. (a) A public guardian who is authorized to take possession or control of property under this chapter may issue a written certification of that fact. The written certification is effective for 30 days after the date of issuance.
(b) The written recordable certification shall substantially comply with the following form:
“CERTIFICATE OF AUTHORITY
THIS IS AN OFFICIAL CERTIFICATE ENTITLING THE PUBLIC GUARDIAN TO TAKE POSSESSION OF ANY AND ALL PROPERTY BELONGING TO THE FOLLOWING INDIVIDUAL:
(Name of Individual) _____________
This Certificate of Authority has been issued by the Public Guardian pursuant to and in compliance with Chapter 1 (commencing with Section 2900) of Part 5 of Division 4 of the California Probate Code. Under California law, this Certificate of Authority authorizes the Public Guardian to take possession or control of property belonging to the above-named individual.
SPECIAL NOTE TO FINANCIAL INSTITUTIONS:
State law requires that upon receiving a copy of this Certificate of Authority, financial institutions shall provide the public guardian with information concerning property held by the above-named individual and surrender the property to the Public Guardian if requested.
This Certificate of Authority shall only be valid when signed and dated by the Public Guardian or a deputy Public Guardian of the County of _____ and affixed with the official seal of the
Public Guardian below.
This Certificate of Authority expires 30 days after the date of issuance.
Signature of Public Guardian:
Date:
Official Seal”
(c) The public guardian may record a copy of the written certification in any county in which is located real property of which the public guardian is authorized to take possession or control under this chapter.
(d) A financial institution or other person shall, without the necessity of inquiring into the truth of the written certification and without court order or letters being issued:
(1) Provide the public guardian information concerning property held in the sole name of the proposed ward or conservatee.
(2) Surrender to the public guardian property of the proposed ward or conservatee that is subject to loss, injury, waste, or misappropriation.
(e) Receipt of the written certification:
(1) Constitutes sufficient acquittance for providing information and for surrendering property of the proposed ward or conservatee.
(2) Fully discharges the financial institution or other person from any liability for any act or omission of the public guardian with respect to the property.
(Amended by Stats. 2011, Ch. 370, Sec. 2. (AB 1288) Effective January 1, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 5 - PUBLIC GUARDIAN › CHAPTER 1 - Taking Temporary Possession or Control of Property › Section 2902.

2902. A public guardian who takes possession or control of property pursuant to this chapter is entitled to reasonable costs incurred for the preservation of the property, together with reasonable compensation for services, in case of the subsequent appointment of another person as guardian or conservator of the estate. The costs and compensation are a proper and legal charge against the estate of the ward or conservatee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 5 - PUBLIC GUARDIAN › CHAPTER 1 - Taking Temporary Possession or Control of Property › Section 2903.

2903. This chapter applies only to possession or control of property by a public guardian on or after July 1, 1989. Possession or control of property by a public guardian before July 1, 1989, is governed by the applicable law in effect before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 5 - PUBLIC GUARDIAN › CHAPTER 2 - Prefiling Investigation by Public Guardian › Section 2910.

2910. (a) Upon a showing of probable cause to believe that a person is in substantial danger of abuse or neglect and needs a conservator of the person, the estate, or the person and estate for his or her own protection, the public guardian or the county’s adult protective services agency may petition for either or both of the orders of the court provided in subdivision (b) in connection with his or her investigation to determine whether a petition for the appointment of the public guardian as conservator of the person, estate, or the person and estate of the person would be necessary or appropriate.
(b) The petition may request either or both of the following orders for the limited purposes of the investigation concerning a person:
(1) An order authorizing identified health care providers or organizations to provide private medical information about the person to the public guardian’s authorized representatives.
(2) An order authorizing identified financial institutions or advisers, accountants, and others with financial information about the person to provide the information to the public guardian’s authorized representatives.
(c) Notice of the hearing and a copy of the petition shall be served on the person who is the subject of the investigation in the manner and for the period required by Section 1460 or, on application of the public guardian contained in or accompanying the petition, on an expedited basis in the manner and for the period ordered by the court. The court may dispense with notice of the hearing only on a showing of facts demonstrating an immediate threat of substantial harm to the person if notice is given.
(Added by Stats. 2007, Ch. 553, Sec. 25. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 5 - PUBLIC GUARDIAN › CHAPTER 2 - Prefiling Investigation by Public Guardian › Section 2911.

2911. A court order issued in response to a public guardian’s petition pursuant to Section 2910 shall do all of the following:
(a) Authorize health care providers to disclose a person’s confidential medical information as permitted under California law, and also authorize disclosure of the information under federal medical privacy regulations enacted pursuant to the Health Insurance Portability and Accountability Act of 1996.
(b) Direct the public guardian or the adult protective services agency to keep the information acquired under the order confidential, except as disclosed in a judicial proceeding or as required by law enforcement or an authorized regulatory agency.
(c) Direct the public guardian or the adult protective services agency to destroy all copies of written information obtained under the order or give them to the person who was the subject of the investigation if a conservatorship proceeding is not commenced within 60 days after the date of the order. The court may extend this time period as the court finds to be in the subject’s best interest.
(Added by Stats. 2007, Ch. 553, Sec. 25. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 5 - PUBLIC GUARDIAN › CHAPTER 3 - Appointment of Public Guardian › Section 2920.

2920. (a) If any person domiciled in the county requires a guardian or conservator and there is no one else who is qualified and willing to act and whose appointment as guardian or conservator would be in the best interests of the person, then either of the following shall apply:
(1) The public guardian shall apply for appointment as guardian or conservator of the person, the estate, or the person and estate, if there is an imminent threat to the person’s health or safety or the person’s estate.
(2) The public guardian may apply for appointment as guardian or conservator of the person, the estate, or the person and estate in all other cases.
(b) The public guardian shall apply for appointment as guardian or conservator of the person, the estate, or the person and estate, if the court so orders. The court may make an order under this subdivision on motion of an interested person or on the court’s own motion in a pending proceeding or in a proceeding commenced for that purpose. The court shall order the public guardian to apply for appointment as guardian or conservator of the person, the estate, or the person and estate, on behalf of any person domiciled in the county who appears to require a guardian or conservator, if it appears that there is no one else who is qualified and willing to act, and if that appointment as guardian or conservator appears to be in the best interests of the person. However, if prior to the filing of the petition for appointment it is discovered that there is someone else who is qualified and willing to act as guardian or conservator, the public guardian shall be relieved of the duty under the order. The court shall not make an order under this subdivision except after notice to the public guardian for the period and in the manner provided for in Chapter 3 (commencing with Section 1460) of Part 1, consideration of the alternatives, and a determination by the court that the appointment is necessary. The notice and hearing under this subdivision may be combined with the notice and hearing required for appointment of a guardian or conservator.
(c) The public guardian shall begin an investigation within two business days of receiving a referral for conservatorship or guardianship.
(Amended by Stats. 2006, Ch. 493, Sec. 32. Effective January 1, 2007.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 5 - PUBLIC GUARDIAN › CHAPTER 3 - Appointment of Public Guardian › Section 2921.

2921. An application of the public guardian for guardianship or conservatorship of the person, the estate, or the person and estate, of a person who is under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services shall not be granted without the written consent of the department having jurisdiction of the person.
(Amended by Stats. 2012, Ch. 440, Sec. 50. (AB 1488) Effective September 22, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 5 - PUBLIC GUARDIAN › CHAPTER 3 - Appointment of Public Guardian › Section 2922.

2922. If the public guardian is appointed as guardian or conservator:
(a) Letters shall be issued in the same manner and by the same proceedings as letters are issued to other persons. Letters may be issued to “the public guardian” of the county without naming the public guardian.
(b) The official bond and oath of the public guardian are in lieu of the guardian or conservator’s bond and oath on the grant of letters.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 5 - PUBLIC GUARDIAN › CHAPTER 3 - Appointment of Public Guardian › Section 2923.

2923. On or before January 1, 2008, the public guardian 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. 2006, Ch. 493, Sec. 33. Effective January 1, 2007.)