Powers and Duties of Guardian or Conservator of the Person

Cal. PROB § 2359

California Statutes

(

a) Upon petition of the guardian or conservator or ward or conservatee or other interested person, the court may authorize and instruct the guardian or conservator or approve and confirm the acts of the guardian or conservator. (

b) Notice of the hearing on the petition shall be given for the period and in the manner provided in

Chapter 3 (commencing with

Section 1460) of

Part 1. (c)

(1) When a guardian or conservator petitions for the approval of a purchase, lease, or rental of real or personal property from the estate of a ward or conservatee, the guardian or conservator shall provide a statement disclosing the family or affiliate relationship between the guardian and conservator and the purchaser, lessee, or renter of the property, and the family or affiliate relationship between the guardian or conservator and any agent hired by the guardian or conservator.

(2) For the purposes of this subdivision, “family” means a person’s spouse, domestic partner, or relatives within the second degree of lineal or collateral consanguinity of a person or a person’s spouse. For the purposes of this subdivision, “affiliate” means an entity that is under the direct control, indirect control, or common control of the guardian or conservator.

(3) A violation of this

section shall result in the rescission of the purchase, lease, or rental of the property. Any losses incurred by the estate of the ward or conservatee because the property was sold or leased at less than fair market value shall be deemed as charges against the guardian or conservator under the provisions of Sections 2401.3 and 2401.5. The court shall assess a civil penalty equal to three times the charges against the guardian, conservator, or other person in violation of this section, and may assess punitive damages as it deems proper. If the estate does not incur losses as a result of the violation, the court shall order the guardian, conservator, or other person in violation of this

section to pay a fine of up to five thousand dollars ($5,000) for each violation. The fines and penalties provided in this

section are in addition to any other rights and remedies provided by law.

Document details

CollectionCalifornia Statutes
CitationCal. PROB § 2359
Date2002-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPROB2359.200189332

Powers and Duties of Guardian or Conservator of the Person

Cal. PROB § 2359

California Statutes

Powers and Duties of Guardian or Conservator of the Person

Cal. PROB § 2359

California Statutes

(

a) Upon petition of the guardian or conservator or ward or conservatee or other interested person, the court may authorize and instruct the guardian or conservator or approve and confirm the acts of the guardian or conservator. (

b) Notice of the hearing on the petition shall be given for the period and in the manner provided in

Chapter 3 (commencing with

Section 1460) of

Part 1. (c)

(1) When a guardian or conservator petitions for the approval of a purchase, lease, or rental of real or personal property from the estate of a ward or conservatee, the guardian or conservator shall provide a statement disclosing the family or affiliate relationship between the guardian and conservator and the purchaser, lessee, or renter of the property, and the family or affiliate relationship between the guardian or conservator and any agent hired by the guardian or conservator.

(2) For the purposes of this subdivision, “family” means a person’s spouse, domestic partner, or relatives within the second degree of lineal or collateral consanguinity of a person or a person’s spouse. For the purposes of this subdivision, “affiliate” means an entity that is under the direct control, indirect control, or common control of the guardian or conservator.

(3) A violation of this

section shall result in the rescission of the purchase, lease, or rental of the property. Any losses incurred by the estate of the ward or conservatee because the property was sold or leased at less than fair market value shall be deemed as charges against the guardian or conservator under the provisions of Sections 2401.3 and 2401.5. The court shall assess a civil penalty equal to three times the charges against the guardian, conservator, or other person in violation of this section, and may assess punitive damages as it deems proper. If the estate does not incur losses as a result of the violation, the court shall order the guardian, conservator, or other person in violation of this

section to pay a fine of up to five thousand dollars ($5,000) for each violation. The fines and penalties provided in this

section are in addition to any other rights and remedies provided by law.

Document details

CollectionCalifornia Statutes
CitationCal. PROB § 2359
Date2002-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPROB2359.200189332
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