California Probate Code 2653 – (a) The guardian or conservator, the ward or conservatee, the …
(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.
Terms Used In California Probate Code 2653
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Conservatee: includes a limited conservatee. See California Probate Code 29
- Conservator: includes a limited conservator. See California Probate Code 30
- Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Probate Code 37
- Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- interested person: includes any of the following:
California Probate Code 48
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
(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 § 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.)