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AB-2113 Estates and trusts: guardianships.(2017-2018)

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Date Published: 05/07/2018 09:00 PM

Amended  IN  Senate  May 07, 2018


Assembly Bill No. 2113

Introduced by Assembly Member Obernolte

February 08, 2018

An act to amend Section 1600 of the Probate Code, relating to estates and trusts.


AB 2113, as amended, Obernolte. Estates and trusts: guardianships.
Existing law terminates the guardianship of a ward upon the death, adoption, or emancipation of the ward, as specified.
Existing law specifies that the termination of the guardian-ward or conservator-conservatee relationship does not cause the court to lose jurisdiction of the proceeding for, among other things, the purpose of settling the accounts of the guardian or conservator, as specified. Existing law also confers upon a guardian or conservator a continued duty of custody and conservation of the estate after the death of the ward or conservatee pending the delivery of the estate to the personal representative of the ward’s or conservatee’s estate or other disposition according to law. Existing law, upon the death of a ward or conservatee, authorizes the guardian or conservator to, among other things, contract for and pay a reasonable sum for the expenses of the last illness and the disposition of the remains of the deceased ward or conservatee and for other specified unpaid fees.
This bill would revise the former provision to include a cross-reference to the latter provisions, such that the guardianship of the estate of the ward would terminate upon the death of the ward, except as otherwise provided by the latter provisions described above or as otherwise provided by law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


 Section 1600 of the Probate Code is amended to read:

 (a) A guardianship of the person or estate or both terminates when the ward attains majority unless, pursuant to Section 1510.1, the ward requests the extension of, or consents to the extension of, the guardianship of the person until the ward attains 21 years of age.
(b) A guardianship of the person terminates upon the death of the ward, the adoption of the ward, or upon the emancipation of the ward under Section 7002 of the Family Code.
(c) A guardianship of the estate terminates upon the death of the ward, except as provided by Sections 2467 and 2631, or Section 2467 and Article 4 (commencing with Section 2630) of Chapter 7 of Part 4, and except as otherwise provided by law.