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AB-1062 Conservators and guardians: disposition of property.(2021-2022)

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Date Published: 04/06/2021 09:00 PM
AB1062:v97#DOCUMENT

Amended  IN  Assembly  April 06, 2021
Amended  IN  Assembly  March 30, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1062


Introduced by Assembly Member Mathis

February 18, 2021


An act to amend Section 2465 of, and to add Section 2465.5 to, the Probate Code, relating to guardians and conservators.


LEGISLATIVE COUNSEL'S DIGEST


AB 1062, as amended, Mathis. Conservators and guardians: disposition of property.
The Guardianship-Conservatorship Law generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. Existing law authorizes a guardian or conservator to dispose of or abandon valueless property, and requires a guardian or conservator to sell real or personal property of the estate, except as specified, subject to authorization, confirmation, or direction of the court. The Trust Law requires the appointment of a successor trustee, if required by the trust instrument, pursuant to a specified priority of persons or entities.
This bill would authorize a guardian or conservator of the estate to dispose of or abandon valueless property only after providing all persons who received notice of the guardianship or conservatorship petition with 15 days written notice and providing reasonable access to the valueless property prior to its disposal or abandonment. The bill would authorize a person who received that notice to petition the court to resolve a property right dispute. If a guardian or conservator of the estate becomes a successor trustee, trustee while the ward or conservatee is alive, the bill would require, notwithstanding any other provision, all of the conservatee’s or ward’s personal property, wherever located, and real property located in this state to be subject to the continuing jurisdiction of the court and, unless the court finds it is not in the ward’s or conservatee’s best interest, to be under court supervision with the appropriate accounting required by the court.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 2465 of the Probate Code is amended to read:

2465.
 The guardian or conservator may dispose of or abandon valueless property only if the guardian or conservator provides all persons who received notice of the guardianship petition pursuant to Section 1511 or notice of the conservatorship petition pursuant to Section 1822 with 15 days written notice containing a broad, general description of the property, and provides reasonable access to the valueless property prior to its disposal or abandonment. A person who received notice under this section may petition the court to resolve a dispute regarding the right to the property.

SEC. 2.

 Section 2465.5 is added to the Probate Code, to read:

2465.5.
 If a guardian or conservator becomes a successor trustee, trustee while the ward or conservatee is alive, notwithstanding any other law, including any provision of Division 9 (commencing with Section 15000), the estate, as defined in Section 2400, shall be subject to the continuing jurisdiction of the court and, unless the court finds based on a preponderance of the evidence that it is not in the ward’s or conservatee’s best interest to do so, shall be under court supervision with the appropriate accounting required by the court.