2250. (a) On or after the filing of a petition for appointment of a
guardian or conservator, any person entitled to petition for
appointment of the guardian or conservator may file a petition for
appointment of:
(1) A temporary guardian of the person or estate or both.
(2) A temporary conservator of the person or estate or both.
(b) The petition shall state facts which establish good cause for
appointment of the temporary guardian or temporary conservator. The
court, upon that petition or other showing as it may require, may
appoint a temporary guardian of the person or estate or both, or a
temporary conservator of the person or estate or both, to serve
pending the final determination of the court upon the petition for
the appointment of the guardian or conservator.
(c) If the petitioner is a private professional conservator under
Section 2341 or licensed under the Professional Fiduciaries Act,
Chapter 6 (commencing with Section 6500) of Division 3 of the
Business and Professions Code, the petition for appointment of a
temporary conservator shall include both of the following:
(1) A statement of the petitioner's registration or license
information.
(2) A statement explaining who engaged the petitioner or how the
petitioner was engaged to file the petition for appointment of a
temporary conservator and what prior relationship the petitioner had
with the proposed conservatee or the proposed conservatee's family or
friends, unless that information is included in a petition for
appointment of a general conservator filed at the same time by the
person who filed the petition for appointment of a temporary
conservator.
(d) If the petition is filed by a party other than the proposed
conservatee, the petition shall include a declaration of due
diligence showing both of the following:
(1) Either the efforts to find the proposed conservatee's
relatives named in the petition for appointment of a general
conservator or why it was not feasible to contact any of them.
(2) Either the preferences of the proposed conservatee concerning
the appointment of a temporary conservator and the appointment of the
proposed temporary conservator or why it was not feasible to
ascertain those preferences.
(e) Unless the court for good cause otherwise orders, at least
five court days before the hearing on the petition, notice of the
hearing shall be given as follows:
(1) Notice of the hearing shall be personally delivered to the
proposed ward if he or she is 12 years of age or older, to the parent
or parents of the proposed ward, and to any person having a valid
visitation order with the proposed ward that was effective at the
time of the filing of the petition. Notice of the hearing shall not
be delivered to the proposed ward if he or she is under 12 years of
age. In a proceeding for temporary guardianship of the person,
evidence that a custodial parent has died or become incapacitated,
and that the petitioner is the nominee of the custodial parent, may
constitute good cause for the court to order that this notice not be
delivered.
(2) Notice of the hearing shall be personally delivered to the
proposed conservatee, and notice of the hearing shall be served on
the persons required to be named in the petition for appointment of
conservator. If the petition states that the petitioner and the
proposed conservator have no prior relationship with the proposed
conservatee and has not been nominated by a family member, friend, or
other person with a relationship to the proposed conservatee, notice
of hearing shall be served on the public guardian of the county in
which the petition is filed.
(3) A copy of the petition for temporary appointment shall be
served with the notice of hearing.
(f) If a temporary guardianship is granted ex parte and the
hearing on the general guardianship petition is not to be held within
30 days of the granting of the temporary guardianship, the court
shall set a hearing within 30 days to reconsider the temporary
guardianship. Notice of the hearing for reconsideration of the
temporary guardianship shall be provided pursuant to Section 1511,
except that the court may for good cause shorten the time for the
notice of the hearing.
(g) Visitation orders with the proposed ward granted prior to the
filing of a petition for temporary guardianship shall remain in
effect, unless for good cause the court orders otherwise.
(h) (1) If a temporary conservatorship is granted ex parte, and a
petition to terminate the temporary conservatorship is filed more
than 15 days before the first hearing on the general petition for
appointment of conservator, the court shall set a hearing within 15
days of the filing of the petition for termination of the temporary
conservatorship to reconsider the temporary conservatorship. Unless
the court otherwise orders, notice of the hearing on the petition to
terminate the temporary conservatorship shall be given at least 10
days prior to the hearing.
(2) If a petition to terminate the temporary conservatorship is
filed within 15 days before the first hearing on the general petition
for appointment of conservator, the court shall set the hearing at
the same time that the hearing on the general petition is set. Unless
the court otherwise orders, notice of the hearing on the petition to
terminate the temporary conservatorship pursuant to this section
shall be given at least five court days prior to the hearing.
(i) If the court suspends powers of the guardian or conservator
under Section 2334 or 2654 or under any other provision of this
division, the court may appoint a temporary guardian or conservator
to exercise those powers until the powers are restored to the
guardian or conservator or a new guardian or conservator is
appointed.
(j) If for any reason a vacancy occurs in the office of guardian
or conservator, the court, on a petition filed under subdivision (a)
or on its own motion, may appoint a temporary guardian or conservator
to exercise the powers of the guardian or conservator until a new
guardian or conservator is appointed.
(k) On or before January 1, 2008, the Judicial Council shall adopt
a rule of court that establishes uniform standards for good cause
exceptions to the notice required by subdivision (e), limiting those
exceptions to only cases when waiver of the notice is essential to
protect the proposed conservatee or ward, or the estate of the
proposed conservatee or ward, from substantial harm.
2250.2. (a) On or after the filing of a petition for appointment of
a conservator, any person entitled to petition for appointment of
the conservator may file a petition for appointment of a temporary
conservator of the person or estate or both.
(b) The petition shall state facts that establish good cause for
appointment of the temporary conservator. The court, upon that
petition or any other showing as it may require, may appoint a
temporary conservator of the person or estate or both, to serve
pending the final determination of the court upon the petition for
the appointment of the conservator.
(c) Unless the court for good cause otherwise orders, not less
than five days before the appointment of the temporary conservator,
notice of the proposed appointment shall be personally delivered to
the proposed conservatee.
(d) If the court suspends powers of the conservator under Section
2334 or 2654 or under any other provision of this division, the court
may appoint a temporary conservator to exercise those powers until
the powers are restored to the conservator or a new conservator is
appointed.
(e) If for any reason a vacancy occurs in the office of
conservator, the court, on a petition filed under subdivision (a) or
on its own motion, may appoint a temporary conservator to exercise
the powers of the conservator until a new conservator is appointed.
(f) This section shall only apply to proceedings under Chapter 3
(commencing with Section 5350) of Part 1 of Division 5 of the Welfare
and Institutions Code.
2250.4. The proposed temporary conservatee shall attend the hearing
except in the following cases:
(a) If the proposed temporary conservatee is out of the state when
served and is not the petitioner.
(b) If the proposed temporary conservatee is unable to attend the
hearing by reason of medical inability.
(c) If the court investigator has visited the proposed conservatee
prior to the hearing and the court investigator has reported to the
court that the proposed temporary conservatee has expressly
communicated that all of the following apply:
(1) The proposed conservatee is not willing to attend the hearing.
(2) The proposed conservatee does not wish to contest the
establishment of the temporary conservatorship.
(3) The proposed conservatee does not object to the proposed
temporary conservator or prefer that another person act as temporary
conservator.
(d) If the court determines that the proposed conservatee is
unable or unwilling to attend the hearing, and holding the hearing in
the absence of the proposed conservatee is necessary to protect the
conservatee from substantial harm.
2250.6. (a) Regardless of whether the proposed temporary
conservatee attends the hearing, the court investigator shall do all
of the following prior to the hearing, unless it is not feasible to
do so, in which case the court investigator shall comply with the
requirements set forth in subdivision (b):
(1) Interview the proposed conservatee personally. The court
investigator also shall do all of the following:
(A) Interview the petitioner and the proposed conservator, if
different from the petitioner.
(B) To the greatest extent possible, interview the proposed
conservatee's spouse or registered domestic partner, relatives within
the first degree, neighbors and, if known, close friends.
(C) To the extent possible, interview the proposed conservatee's
relatives within the second degree as set forth in subdivision (b) of
Section 1821 before the hearing.
(2) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the temporary
conservatorship, and of the right of the proposed conservatee to
oppose the proceeding, to attend the hearing, to have the matter of
the establishment of the conservatorship tried by jury, to be
represented by legal counsel if the proposed conservatee so chooses,
and to have legal counsel appointed by the court if unable to retain
legal counsel.
(3) Determine whether it appears that the proposed conservatee is
unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.
(4) Determine whether the proposed conservatee wishes to contest
the establishment of the conservatorship.
(5) Determine whether the proposed conservatee objects to the
proposed conservator or prefers another person to act as conservator.
(6) Report to the court, in writing, concerning all of the
foregoing.
(b) If not feasible before the hearing, the court investigator
shall do all of the following within two court days after the
hearing:
(1) Interview the conservatee personally. The court investigator
also shall do all of the following:
(A) Interview the petitioner and the proposed conservator, if
different from the petitioner.
(B) To the greatest extent possible, interview the proposed
conservatee's spouse or registered domestic partner, relatives within
the first degree, neighbors and, if known, close friends.
(C) To the extent possible, interview the proposed conservatee's
relatives within the second degree as set forth in subdivision (b) of
Section 1821.
(2) Inform the conservatee of the nature, purpose, and effect of
the temporary conservatorship, as well as the right of the
conservatee to oppose the proposed general conservatorship, to attend
the hearing, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
(c) If the investigator does not visit the conservatee until after
the hearing at which a temporary conservator was appointed, and the
conservatee objects to the appointment of the temporary conservator,
or requests an attorney, the court investigator shall report this
information promptly, and in no event more than three court days
later, to the court. Upon receipt of that information, the court may
proceed with appointment of an attorney as provided in Chapter 4
(commencing with Section 1470) of Part 1.
(d) If it appears to the court investigator that the temporary
conservatorship is inappropriate, the court investigator shall
immediately, and in no event more than two court days later, provide
a written report to the court so the court can consider taking
appropriate action on its own motion.
2250.8. Sections 2250, 2250.4, and 2250.6 shall not apply to
proceedings under Chapter 3 (commencing with Section 5350) of Part 1
of Division 5 of the Welfare and Institutions Code.
2251. A temporary guardian or temporary conservator shall be issued
letters of temporary guardianship or conservatorship upon taking the
oath and filing the bond as in the case of a guardian or
conservator. The letters shall indicate the termination date of the
temporary appointment.
2252. (a) Except as otherwise provided in subdivisions (b) and (c),
a temporary guardian or temporary conservator has only those powers
and duties of a guardian or conservator that are necessary to provide
for the temporary care, maintenance, and support of the ward or
conservatee and that are necessary to conserve and protect the
property of the ward or conservatee from loss or injury.
(b) Unless the court otherwise orders:
(1) A temporary guardian of the person has the powers and duties
specified in Section 2353 (medical treatment).
(2) A temporary conservator of the person has the powers and
duties specified in Section 2354 (medical treatment).
(3) A temporary guardian of the estate or temporary conservator of
the estate may marshal assets and establish accounts at financial
institutions.
(c) The temporary guardian or temporary conservator has the
additional powers and duties as may be ordered by the court (1) in
the order of appointment or (2) by subsequent order made with or
without notice as the court may require. Notwithstanding subdivision
(e), those additional powers and duties may include relief granted
pursuant to Article 10 (commencing with Section 2580) of Chapter 6 if
this relief is not requested in a petition for the appointment of a
temporary conservator but is requested in a separate petition.
(d) The terms of any order made under subdivision (b) or (c) shall
be included in the letters of temporary guardianship or
conservatorship.
(e) A temporary conservator is not permitted to sell or
relinquish, on the conservatee's behalf, any lease or estate in real
or personal property used as or within the conservatee's place of
residence without the specific approval of the court. This approval
may be granted only if the conservatee has been served with notice of
the hearing, the notice to be personally delivered to the temporary
conservatee unless the court for good cause otherwise orders, and
only if the court finds that the conservatee will be unable to return
to the residence and exercise dominion over it and that the action
is necessary to avert irreparable harm to the conservatee. The
temporary conservator is not permitted to sell or relinquish on the
conservatee's behalf any estate or interest in other real or personal
property without specific approval of the court, which may be
granted only upon a finding that the action is necessary to avert
irreparable harm to the conservatee. A finding of irreparable harm as
to real property may be based upon a reasonable showing that the
real property is vacant, that it cannot reasonably be rented, and
that it is impossible or impractical to obtain fire or liability
insurance on the property.
2253. (a) If a temporary conservator of the person proposes to fix
the residence of the conservatee at a place other than that where the
conservatee resided prior to the commencement of the proceedings,
that power shall be requested of the court in writing, unless the
change of residence is required of the conservatee by a prior court
order. The request shall be filed with the petition for temporary
conservatorship or, if a temporary conservatorship has already been
established, separately. The request shall specify in particular the
place to which the temporary conservator proposes to move the
conservatee, and the precise reasons why it is believed that the
conservatee will suffer irreparable harm if the change of residence
is not permitted, and why no means less restrictive of the
conservatee's liberty will suffice to prevent that harm.
(b) Unless the court for good cause orders otherwise, the court
investigator shall do all of the following:
(1) Interview the conservatee personally.
(2) Inform the conservatee of the nature, purpose, and effect of
the request made under subdivision (a), and of the right of the
conservatee to oppose the request, attend the hearing, be represented
by legal counsel if the conservatee so chooses, and to have legal
counsel appointed by the court if unable to obtain legal counsel.
(3) Determine whether the conservatee is unable to attend the
hearing because of medical inability and, if able to attend, whether
the conservatee is willing to attend the hearing.
(4) Determine whether the conservatee wishes to oppose the
request.
(5) Determine whether the conservatee wishes to be represented by
legal counsel at the hearing and, if so, whether the conservatee has
retained legal counsel and, if not, the name of an attorney the
proposed conservatee wishes to retain or whether the conservatee
desires the court to appoint legal counsel.
(6) If the conservatee does not plan to retain legal counsel and
has not requested the appointment of legal counsel by the court,
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.
(7) Determine whether the proposed change of place of residence is
required to prevent irreparable harm to the conservatee and whether
no means less restrictive of the conservatee's liberty will suffice
to prevent that harm.
(8) Report to the court in writing, at least two days before the
hearing, concerning all of the foregoing, including the conservatee's
express communications concerning representation by legal counsel
and whether the conservatee is not willing to attend the hearing and
does not wish to oppose the request.
(c) Within seven days of the date of filing of a temporary
conservator's request to remove the conservatee from his or her
previous place of residence, the court shall hold a hearing on the
request.
(d) The conservatee shall be present at the hearing except in the
following cases:
(1) Where the conservatee is unable to attend the hearing by
reason of medical inability. Emotional or psychological instability
is not good cause for the absence of the conservatee from the hearing
unless, by reason of that instability, attendance at the hearing is
likely to cause serious and immediate physiological damage to the
conservatee.
(2) Where the court investigator has reported to the court that
the conservatee has expressly communicated that the conservatee is
not willing to attend the hearing and does not wish to oppose the
request, and the court makes an order that the conservatee need not
attend the hearing.
(e) If the conservatee is unable to attend the hearing because of
medical inability, that inability shall be established (1) by the
affidavit or certificate of a licensed medical practitioner or (2) if
the conservatee is an adherent of a religion whose tenets and
practices call for reliance on prayer alone for healing and is under
treatment by an accredited practitioner of that religion, by the
affidavit of the practitioner. The affidavit or certificate is
evidence only of the conservatee's inability to attend the hearing
and shall not be considered in determining the issue of need for the
establishment of a conservatorship.
(f) At the hearing, the conservatee has the right to be
represented by counsel and the right to confront and cross-examine
any witness presented by or on behalf of the temporary conservator
and to present evidence on his or her own behalf.
(g) The court may approve the request to remove the conservatee
from the previous place of residence only if the court finds (1) that
change of residence is required to prevent irreparable harm to the
conservatee and (2) that no means less restrictive of the conservatee'
s liberty will suffice to prevent that harm. If an order is made
authorizing the temporary conservator to remove the conservatee from
the previous place of residence, the order shall specify the specific
place wherein the temporary conservator is authorized to place the
conservatee. The temporary conservator may not be authorized to
remove the conservatee from this state unless it is additionally
shown that such removal is required to permit the performance of
specified nonpsychiatric medical treatment, consented to by the
conservatee, which is essential to the conservatee's physical
survival. A temporary conservator who willfully removes a temporary
conservatee from this state without authorization of the court is
guilty of a felony.
(h) Subject to subdivision (e) of Section 2252, the court shall
also order the temporary conservator to take all reasonable steps to
preserve the status quo concerning the conservatee's previous place
of residence.
2254. (a) Notwithstanding Section 2253, a temporary conservator may
remove a temporary conservatee from the temporary conservatee's
place of residence without court authorization if an emergency
exists. For the purposes of this section, an emergency exists if the
temporary conservatee's place of residence is unfit for habitation or
if the temporary conservator determines in good faith based upon
medical advice that the case is an emergency case in which removal
from the place of residence is required (1) to provide medical
treatment needed to alleviate severe pain or (2) to diagnose or treat
a medical condition which, if not immediately diagnosed and treated,
will lead to serious disability or death.
(b) No later than one judicial day after the emergency removal of
the temporary conservatee, the temporary conservator shall file a
written request pursuant to Section 2253 for authorization to fix the
residence of the temporary conservatee at a place other than the
temporary conservatee's previous place of residence.
(c) Nothing in this chapter prevents a temporary conservator from
removing a temporary conservatee from the place of residence to a
health facility for treatment without court authorization when the
temporary conservatee has given informed consent to the removal.
(d) Nothing in this chapter prevents a temporary conservator from
removing a temporary conservatee without court authorization from one
health facility where the conservatee is receiving medical care to
another health facility where the conservatee will receive medical
care.
2255. (a) Except as provided in subdivision (b), an inventory and
appraisal of the estate shall be filed by the temporary guardian or
temporary conservator of the estate as required by Article 2
(commencing with Section 2610) of Chapter 7.
(b) A temporary guardian or temporary conservator of the estate
may inventory the estate in the final account, without the necessity
for an appraisal of the estate, if the final account is filed within
90 days after the appointment of the temporary guardian or temporary
conservator.
2256. (a) Except as provided in subdivision (b), the temporary
guardian or temporary conservator of the estate shall present his or
her account to the court for settlement and allowance within 90 days
after the appointment of a guardian or conservator of the estate or
within such other time as the court may fix.
(b) If the temporary guardian or temporary conservator of the
estate is appointed guardian or conservator of the estate, the
guardian or conservator may account for the administration as
temporary guardian or temporary conservator in his or her first
regular account.
(c) Accounts are subject to Sections 2621 to 2626, inclusive,
Sections 2630 to 2633, inclusive, and Sections 2640 to 2642,
inclusive.
2257. (a) Except as provided in subdivision (b), the powers of a
temporary guardian or temporary conservator terminate, except for the
rendering of the account, at the earliest of the following times:
(1) The time the temporary guardian or conservator acquires notice
that a guardian or conservator is appointed and qualified.
(2) Thirty days after the appointment of the temporary guardian or
temporary conservator or such earlier time as the court may specify
in the order of appointment.
(b) With or without notice as the court may require, the court may
for good cause order that the time for the termination of the powers
of the temporary guardian or temporary conservator be extended or
shortened pending final determination by the court of the petition
for appointment of a guardian or conservator or pending the final
decision on appeal therefrom or for other cause. The order which
extends the time for termination shall fix the time when the powers
of the temporary guardian or temporary conservator terminate except
for the rendering of the account.
2258. A temporary guardian or temporary conservator is subject to
the provisions of this division governing the suspension, removal,
resignation, and discharge of a guardian or conservator.
2250. (a) On or after the filing of a petition for appointment of a
guardian or conservator, any person entitled to petition for
appointment of the guardian or conservator may file a petition for
appointment of:
(1) A temporary guardian of the person or estate or both.
(2) A temporary conservator of the person or estate or both.
(b) The petition shall state facts which establish good cause for
appointment of the temporary guardian or temporary conservator. The
court, upon that petition or other showing as it may require, may
appoint a temporary guardian of the person or estate or both, or a
temporary conservator of the person or estate or both, to serve
pending the final determination of the court upon the petition for
the appointment of the guardian or conservator.
(c) If the petitioner is a private professional conservator under
Section 2341 or licensed under the Professional Fiduciaries Act,
Chapter 6 (commencing with Section 6500) of Division 3 of the
Business and Professions Code, the petition for appointment of a
temporary conservator shall include both of the following:
(1) A statement of the petitioner's registration or license
information.
(2) A statement explaining who engaged the petitioner or how the
petitioner was engaged to file the petition for appointment of a
temporary conservator and what prior relationship the petitioner had
with the proposed conservatee or the proposed conservatee's family or
friends, unless that information is included in a petition for
appointment of a general conservator filed at the same time by the
person who filed the petition for appointment of a temporary
conservator.
(d) If the petition is filed by a party other than the proposed
conservatee, the petition shall include a declaration of due
diligence showing both of the following:
(1) Either the efforts to find the proposed conservatee's
relatives named in the petition for appointment of a general
conservator or why it was not feasible to contact any of them.
(2) Either the preferences of the proposed conservatee concerning
the appointment of a temporary conservator and the appointment of the
proposed temporary conservator or why it was not feasible to
ascertain those preferences.
(e) Unless the court for good cause otherwise orders, at least
five court days before the hearing on the petition, notice of the
hearing shall be given as follows:
(1) Notice of the hearing shall be personally delivered to the
proposed ward if he or she is 12 years of age or older, to the parent
or parents of the proposed ward, and to any person having a valid
visitation order with the proposed ward that was effective at the
time of the filing of the petition. Notice of the hearing shall not
be delivered to the proposed ward if he or she is under 12 years of
age. In a proceeding for temporary guardianship of the person,
evidence that a custodial parent has died or become incapacitated,
and that the petitioner is the nominee of the custodial parent, may
constitute good cause for the court to order that this notice not be
delivered.
(2) Notice of the hearing shall be personally delivered to the
proposed conservatee, and notice of the hearing shall be served on
the persons required to be named in the petition for appointment of
conservator. If the petition states that the petitioner and the
proposed conservator have no prior relationship with the proposed
conservatee and has not been nominated by a family member, friend, or
other person with a relationship to the proposed conservatee, notice
of hearing shall be served on the public guardian of the county in
which the petition is filed.
(3) A copy of the petition for temporary appointment shall be
served with the notice of hearing.
(f) If a temporary guardianship is granted ex parte and the
hearing on the general guardianship petition is not to be held within
30 days of the granting of the temporary guardianship, the court
shall set a hearing within 30 days to reconsider the temporary
guardianship. Notice of the hearing for reconsideration of the
temporary guardianship shall be provided pursuant to Section 1511,
except that the court may for good cause shorten the time for the
notice of the hearing.
(g) Visitation orders with the proposed ward granted prior to the
filing of a petition for temporary guardianship shall remain in
effect, unless for good cause the court orders otherwise.
(h) (1) If a temporary conservatorship is granted ex parte, and a
petition to terminate the temporary conservatorship is filed more
than 15 days before the first hearing on the general petition for
appointment of conservator, the court shall set a hearing within 15
days of the filing of the petition for termination of the temporary
conservatorship to reconsider the temporary conservatorship. Unless
the court otherwise orders, notice of the hearing on the petition to
terminate the temporary conservatorship shall be given at least 10
days prior to the hearing.
(2) If a petition to terminate the temporary conservatorship is
filed within 15 days before the first hearing on the general petition
for appointment of conservator, the court shall set the hearing at
the same time that the hearing on the general petition is set. Unless
the court otherwise orders, notice of the hearing on the petition to
terminate the temporary conservatorship pursuant to this section
shall be given at least five court days prior to the hearing.
(i) If the court suspends powers of the guardian or conservator
under Section 2334 or 2654 or under any other provision of this
division, the court may appoint a temporary guardian or conservator
to exercise those powers until the powers are restored to the
guardian or conservator or a new guardian or conservator is
appointed.
(j) If for any reason a vacancy occurs in the office of guardian
or conservator, the court, on a petition filed under subdivision (a)
or on its own motion, may appoint a temporary guardian or conservator
to exercise the powers of the guardian or conservator until a new
guardian or conservator is appointed.
(k) On or before January 1, 2008, the Judicial Council shall adopt
a rule of court that establishes uniform standards for good cause
exceptions to the notice required by subdivision (e), limiting those
exceptions to only cases when waiver of the notice is essential to
protect the proposed conservatee or ward, or the estate of the
proposed conservatee or ward, from substantial harm.
2250.2. (a) On or after the filing of a petition for appointment of
a conservator, any person entitled to petition for appointment of
the conservator may file a petition for appointment of a temporary
conservator of the person or estate or both.
(b) The petition shall state facts that establish good cause for
appointment of the temporary conservator. The court, upon that
petition or any other showing as it may require, may appoint a
temporary conservator of the person or estate or both, to serve
pending the final determination of the court upon the petition for
the appointment of the conservator.
(c) Unless the court for good cause otherwise orders, not less
than five days before the appointment of the temporary conservator,
notice of the proposed appointment shall be personally delivered to
the proposed conservatee.
(d) If the court suspends powers of the conservator under Section
2334 or 2654 or under any other provision of this division, the court
may appoint a temporary conservator to exercise those powers until
the powers are restored to the conservator or a new conservator is
appointed.
(e) If for any reason a vacancy occurs in the office of
conservator, the court, on a petition filed under subdivision (a) or
on its own motion, may appoint a temporary conservator to exercise
the powers of the conservator until a new conservator is appointed.
(f) This section shall only apply to proceedings under Chapter 3
(commencing with Section 5350) of Part 1 of Division 5 of the Welfare
and Institutions Code.
2250.4. The proposed temporary conservatee shall attend the hearing
except in the following cases:
(a) If the proposed temporary conservatee is out of the state when
served and is not the petitioner.
(b) If the proposed temporary conservatee is unable to attend the
hearing by reason of medical inability.
(c) If the court investigator has visited the proposed conservatee
prior to the hearing and the court investigator has reported to the
court that the proposed temporary conservatee has expressly
communicated that all of the following apply:
(1) The proposed conservatee is not willing to attend the hearing.
(2) The proposed conservatee does not wish to contest the
establishment of the temporary conservatorship.
(3) The proposed conservatee does not object to the proposed
temporary conservator or prefer that another person act as temporary
conservator.
(d) If the court determines that the proposed conservatee is
unable or unwilling to attend the hearing, and holding the hearing in
the absence of the proposed conservatee is necessary to protect the
conservatee from substantial harm.
2250.6. (a) Regardless of whether the proposed temporary
conservatee attends the hearing, the court investigator shall do all
of the following prior to the hearing, unless it is not feasible to
do so, in which case the court investigator shall comply with the
requirements set forth in subdivision (b):
(1) Interview the proposed conservatee personally. The court
investigator also shall do all of the following:
(A) Interview the petitioner and the proposed conservator, if
different from the petitioner.
(B) To the greatest extent possible, interview the proposed
conservatee's spouse or registered domestic partner, relatives within
the first degree, neighbors and, if known, close friends.
(C) To the extent possible, interview the proposed conservatee's
relatives within the second degree as set forth in subdivision (b) of
Section 1821 before the hearing.
(2) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the temporary
conservatorship, and of the right of the proposed conservatee to
oppose the proceeding, to attend the hearing, to have the matter of
the establishment of the conservatorship tried by jury, to be
represented by legal counsel if the proposed conservatee so chooses,
and to have legal counsel appointed by the court if unable to retain
legal counsel.
(3) Determine whether it appears that the proposed conservatee is
unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.
(4) Determine whether the proposed conservatee wishes to contest
the establishment of the conservatorship.
(5) Determine whether the proposed conservatee objects to the
proposed conservator or prefers another person to act as conservator.
(6) Report to the court, in writing, concerning all of the
foregoing.
(b) If not feasible before the hearing, the court investigator
shall do all of the following within two court days after the
hearing:
(1) Interview the conservatee personally. The court investigator
also shall do all of the following:
(A) Interview the petitioner and the proposed conservator, if
different from the petitioner.
(B) To the greatest extent possible, interview the proposed
conservatee's spouse or registered domestic partner, relatives within
the first degree, neighbors and, if known, close friends.
(C) To the extent possible, interview the proposed conservatee's
relatives within the second degree as set forth in subdivision (b) of
Section 1821.
(2) Inform the conservatee of the nature, purpose, and effect of
the temporary conservatorship, as well as the right of the
conservatee to oppose the proposed general conservatorship, to attend
the hearing, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
(c) If the investigator does not visit the conservatee until after
the hearing at which a temporary conservator was appointed, and the
conservatee objects to the appointment of the temporary conservator,
or requests an attorney, the court investigator shall report this
information promptly, and in no event more than three court days
later, to the court. Upon receipt of that information, the court may
proceed with appointment of an attorney as provided in Chapter 4
(commencing with Section 1470) of Part 1.
(d) If it appears to the court investigator that the temporary
conservatorship is inappropriate, the court investigator shall
immediately, and in no event more than two court days later, provide
a written report to the court so the court can consider taking
appropriate action on its own motion.
2250.8. Sections 2250, 2250.4, and 2250.6 shall not apply to
proceedings under Chapter 3 (commencing with Section 5350) of Part 1
of Division 5 of the Welfare and Institutions Code.
2251. A temporary guardian or temporary conservator shall be issued
letters of temporary guardianship or conservatorship upon taking the
oath and filing the bond as in the case of a guardian or
conservator. The letters shall indicate the termination date of the
temporary appointment.
2252. (a) Except as otherwise provided in subdivisions (b) and (c),
a temporary guardian or temporary conservator has only those powers
and duties of a guardian or conservator that are necessary to provide
for the temporary care, maintenance, and support of the ward or
conservatee and that are necessary to conserve and protect the
property of the ward or conservatee from loss or injury.
(b) Unless the court otherwise orders:
(1) A temporary guardian of the person has the powers and duties
specified in Section 2353 (medical treatment).
(2) A temporary conservator of the person has the powers and
duties specified in Section 2354 (medical treatment).
(3) A temporary guardian of the estate or temporary conservator of
the estate may marshal assets and establish accounts at financial
institutions.
(c) The temporary guardian or temporary conservator has the
additional powers and duties as may be ordered by the court (1) in
the order of appointment or (2) by subsequent order made with or
without notice as the court may require. Notwithstanding subdivision
(e), those additional powers and duties may include relief granted
pursuant to Article 10 (commencing with Section 2580) of Chapter 6 if
this relief is not requested in a petition for the appointment of a
temporary conservator but is requested in a separate petition.
(d) The terms of any order made under subdivision (b) or (c) shall
be included in the letters of temporary guardianship or
conservatorship.
(e) A temporary conservator is not permitted to sell or
relinquish, on the conservatee's behalf, any lease or estate in real
or personal property used as or within the conservatee's place of
residence without the specific approval of the court. This approval
may be granted only if the conservatee has been served with notice of
the hearing, the notice to be personally delivered to the temporary
conservatee unless the court for good cause otherwise orders, and
only if the court finds that the conservatee will be unable to return
to the residence and exercise dominion over it and that the action
is necessary to avert irreparable harm to the conservatee. The
temporary conservator is not permitted to sell or relinquish on the
conservatee's behalf any estate or interest in other real or personal
property without specific approval of the court, which may be
granted only upon a finding that the action is necessary to avert
irreparable harm to the conservatee. A finding of irreparable harm as
to real property may be based upon a reasonable showing that the
real property is vacant, that it cannot reasonably be rented, and
that it is impossible or impractical to obtain fire or liability
insurance on the property.
2253. (a) If a temporary conservator of the person proposes to fix
the residence of the conservatee at a place other than that where the
conservatee resided prior to the commencement of the proceedings,
that power shall be requested of the court in writing, unless the
change of residence is required of the conservatee by a prior court
order. The request shall be filed with the petition for temporary
conservatorship or, if a temporary conservatorship has already been
established, separately. The request shall specify in particular the
place to which the temporary conservator proposes to move the
conservatee, and the precise reasons why it is believed that the
conservatee will suffer irreparable harm if the change of residence
is not permitted, and why no means less restrictive of the
conservatee's liberty will suffice to prevent that harm.
(b) Unless the court for good cause orders otherwise, the court
investigator shall do all of the following:
(1) Interview the conservatee personally.
(2) Inform the conservatee of the nature, purpose, and effect of
the request made under subdivision (a), and of the right of the
conservatee to oppose the request, attend the hearing, be represented
by legal counsel if the conservatee so chooses, and to have legal
counsel appointed by the court if unable to obtain legal counsel.
(3) Determine whether the conservatee is unable to attend the
hearing because of medical inability and, if able to attend, whether
the conservatee is willing to attend the hearing.
(4) Determine whether the conservatee wishes to oppose the
request.
(5) Determine whether the conservatee wishes to be represented by
legal counsel at the hearing and, if so, whether the conservatee has
retained legal counsel and, if not, the name of an attorney the
proposed conservatee wishes to retain or whether the conservatee
desires the court to appoint legal counsel.
(6) If the conservatee does not plan to retain legal counsel and
has not requested the appointment of legal counsel by the court,
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.
(7) Determine whether the proposed change of place of residence is
required to prevent irreparable harm to the conservatee and whether
no means less restrictive of the conservatee's liberty will suffice
to prevent that harm.
(8) Report to the court in writing, at least two days before the
hearing, concerning all of the foregoing, including the conservatee's
express communications concerning representation by legal counsel
and whether the conservatee is not willing to attend the hearing and
does not wish to oppose the request.
(c) Within seven days of the date of filing of a temporary
conservator's request to remove the conservatee from his or her
previous place of residence, the court shall hold a hearing on the
request.
(d) The conservatee shall be present at the hearing except in the
following cases:
(1) Where the conservatee is unable to attend the hearing by
reason of medical inability. Emotional or psychological instability
is not good cause for the absence of the conservatee from the hearing
unless, by reason of that instability, attendance at the hearing is
likely to cause serious and immediate physiological damage to the
conservatee.
(2) Where the court investigator has reported to the court that
the conservatee has expressly communicated that the conservatee is
not willing to attend the hearing and does not wish to oppose the
request, and the court makes an order that the conservatee need not
attend the hearing.
(e) If the conservatee is unable to attend the hearing because of
medical inability, that inability shall be established (1) by the
affidavit or certificate of a licensed medical practitioner or (2) if
the conservatee is an adherent of a religion whose tenets and
practices call for reliance on prayer alone for healing and is under
treatment by an accredited practitioner of that religion, by the
affidavit of the practitioner. The affidavit or certificate is
evidence only of the conservatee's inability to attend the hearing
and shall not be considered in determining the issue of need for the
establishment of a conservatorship.
(f) At the hearing, the conservatee has the right to be
represented by counsel and the right to confront and cross-examine
any witness presented by or on behalf of the temporary conservator
and to present evidence on his or her own behalf.
(g) The court may approve the request to remove the conservatee
from the previous place of residence only if the court finds (1) that
change of residence is required to prevent irreparable harm to the
conservatee and (2) that no means less restrictive of the conservatee'
s liberty will suffice to prevent that harm. If an order is made
authorizing the temporary conservator to remove the conservatee from
the previous place of residence, the order shall specify the specific
place wherein the temporary conservator is authorized to place the
conservatee. The temporary conservator may not be authorized to
remove the conservatee from this state unless it is additionally
shown that such removal is required to permit the performance of
specified nonpsychiatric medical treatment, consented to by the
conservatee, which is essential to the conservatee's physical
survival. A temporary conservator who willfully removes a temporary
conservatee from this state without authorization of the court is
guilty of a felony.
(h) Subject to subdivision (e) of Section 2252, the court shall
also order the temporary conservator to take all reasonable steps to
preserve the status quo concerning the conservatee's previous place
of residence.
2254. (a) Notwithstanding Section 2253, a temporary conservator may
remove a temporary conservatee from the temporary conservatee's
place of residence without court authorization if an emergency
exists. For the purposes of this section, an emergency exists if the
temporary conservatee's place of residence is unfit for habitation or
if the temporary conservator determines in good faith based upon
medical advice that the case is an emergency case in which removal
from the place of residence is required (1) to provide medical
treatment needed to alleviate severe pain or (2) to diagnose or treat
a medical condition which, if not immediately diagnosed and treated,
will lead to serious disability or death.
(b) No later than one judicial day after the emergency removal of
the temporary conservatee, the temporary conservator shall file a
written request pursuant to Section 2253 for authorization to fix the
residence of the temporary conservatee at a place other than the
temporary conservatee's previous place of residence.
(c) Nothing in this chapter prevents a temporary conservator from
removing a temporary conservatee from the place of residence to a
health facility for treatment without court authorization when the
temporary conservatee has given informed consent to the removal.
(d) Nothing in this chapter prevents a temporary conservator from
removing a temporary conservatee without court authorization from one
health facility where the conservatee is receiving medical care to
another health facility where the conservatee will receive medical
care.
2255. (a) Except as provided in subdivision (b), an inventory and
appraisal of the estate shall be filed by the temporary guardian or
temporary conservator of the estate as required by Article 2
(commencing with Section 2610) of Chapter 7.
(b) A temporary guardian or temporary conservator of the estate
may inventory the estate in the final account, without the necessity
for an appraisal of the estate, if the final account is filed within
90 days after the appointment of the temporary guardian or temporary
conservator.
2256. (a) Except as provided in subdivision (b), the temporary
guardian or temporary conservator of the estate shall present his or
her account to the court for settlement and allowance within 90 days
after the appointment of a guardian or conservator of the estate or
within such other time as the court may fix.
(b) If the temporary guardian or temporary conservator of the
estate is appointed guardian or conservator of the estate, the
guardian or conservator may account for the administration as
temporary guardian or temporary conservator in his or her first
regular account.
(c) Accounts are subject to Sections 2621 to 2626, inclusive,
Sections 2630 to 2633, inclusive, and Sections 2640 to 2642,
inclusive.
2257. (a) Except as provided in subdivision (b), the powers of a
temporary guardian or temporary conservator terminate, except for the
rendering of the account, at the earliest of the following times:
(1) The time the temporary guardian or conservator acquires notice
that a guardian or conservator is appointed and qualified.
(2) Thirty days after the appointment of the temporary guardian or
temporary conservator or such earlier time as the court may specify
in the order of appointment.
(b) With or without notice as the court may require, the court may
for good cause order that the time for the termination of the powers
of the temporary guardian or temporary conservator be extended or
shortened pending final determination by the court of the petition
for appointment of a guardian or conservator or pending the final
decision on appeal therefrom or for other cause. The order which
extends the time for termination shall fix the time when the powers
of the temporary guardian or temporary conservator terminate except
for the rendering of the account.
2258. A temporary guardian or temporary conservator is subject to
the provisions of this division governing the suspension, removal,
resignation, and discharge of a guardian or conservator.
2250. (a) On or after the filing of a petition for appointment of a
guardian or conservator, any person entitled to petition for
appointment of the guardian or conservator may file a petition for
appointment of:
(1) A temporary guardian of the person or estate or both.
(2) A temporary conservator of the person or estate or both.
(b) The petition shall state facts which establish good cause for
appointment of the temporary guardian or temporary conservator. The
court, upon that petition or other showing as it may require, may
appoint a temporary guardian of the person or estate or both, or a
temporary conservator of the person or estate or both, to serve
pending the final determination of the court upon the petition for
the appointment of the guardian or conservator.
(c) If the petitioner is a private professional conservator under
Section 2341 or licensed under the Professional Fiduciaries Act,
Chapter 6 (commencing with Section 6500) of Division 3 of the
Business and Professions Code, the petition for appointment of a
temporary conservator shall include both of the following:
(1) A statement of the petitioner's registration or license
information.
(2) A statement explaining who engaged the petitioner or how the
petitioner was engaged to file the petition for appointment of a
temporary conservator and what prior relationship the petitioner had
with the proposed conservatee or the proposed conservatee's family or
friends, unless that information is included in a petition for
appointment of a general conservator filed at the same time by the
person who filed the petition for appointment of a temporary
conservator.
(d) If the petition is filed by a party other than the proposed
conservatee, the petition shall include a declaration of due
diligence showing both of the following:
(1) Either the efforts to find the proposed conservatee's
relatives named in the petition for appointment of a general
conservator or why it was not feasible to contact any of them.
(2) Either the preferences of the proposed conservatee concerning
the appointment of a temporary conservator and the appointment of the
proposed temporary conservator or why it was not feasible to
ascertain those preferences.
(e) Unless the court for good cause otherwise orders, at least
five court days before the hearing on the petition, notice of the
hearing shall be given as follows:
(1) Notice of the hearing shall be personally delivered to the
proposed ward if he or she is 12 years of age or older, to the parent
or parents of the proposed ward, and to any person having a valid
visitation order with the proposed ward that was effective at the
time of the filing of the petition. Notice of the hearing shall not
be delivered to the proposed ward if he or she is under 12 years of
age. In a proceeding for temporary guardianship of the person,
evidence that a custodial parent has died or become incapacitated,
and that the petitioner is the nominee of the custodial parent, may
constitute good cause for the court to order that this notice not be
delivered.
(2) Notice of the hearing shall be personally delivered to the
proposed conservatee, and notice of the hearing shall be served on
the persons required to be named in the petition for appointment of
conservator. If the petition states that the petitioner and the
proposed conservator have no prior relationship with the proposed
conservatee and has not been nominated by a family member, friend, or
other person with a relationship to the proposed conservatee, notice
of hearing shall be served on the public guardian of the county in
which the petition is filed.
(3) A copy of the petition for temporary appointment shall be
served with the notice of hearing.
(f) If a temporary guardianship is granted ex parte and the
hearing on the general guardianship petition is not to be held within
30 days of the granting of the temporary guardianship, the court
shall set a hearing within 30 days to reconsider the temporary
guardianship. Notice of the hearing for reconsideration of the
temporary guardianship shall be provided pursuant to Section 1511,
except that the court may for good cause shorten the time for the
notice of the hearing.
(g) Visitation orders with the proposed ward granted prior to the
filing of a petition for temporary guardianship shall remain in
effect, unless for good cause the court orders otherwise.
(h) (1) If a temporary conservatorship is granted ex parte, and a
petition to terminate the temporary conservatorship is filed more
than 15 days before the first hearing on the general petition for
appointment of conservator, the court shall set a hearing within 15
days of the filing of the petition for termination of the temporary
conservatorship to reconsider the temporary conservatorship. Unless
the court otherwise orders, notice of the hearing on the petition to
terminate the temporary conservatorship shall be given at least 10
days prior to the hearing.
(2) If a petition to terminate the temporary conservatorship is
filed within 15 days before the first hearing on the general petition
for appointment of conservator, the court shall set the hearing at
the same time that the hearing on the general petition is set. Unless
the court otherwise orders, notice of the hearing on the petition to
terminate the temporary conservatorship pursuant to this section
shall be given at least five court days prior to the hearing.
(i) If the court suspends powers of the guardian or conservator
under Section 2334 or 2654 or under any other provision of this
division, the court may appoint a temporary guardian or conservator
to exercise those powers until the powers are restored to the
guardian or conservator or a new guardian or conservator is
appointed.
(j) If for any reason a vacancy occurs in the office of guardian
or conservator, the court, on a petition filed under subdivision (a)
or on its own motion, may appoint a temporary guardian or conservator
to exercise the powers of the guardian or conservator until a new
guardian or conservator is appointed.
(k) On or before January 1, 2008, the Judicial Council shall adopt
a rule of court that establishes uniform standards for good cause
exceptions to the notice required by subdivision (e), limiting those
exceptions to only cases when waiver of the notice is essential to
protect the proposed conservatee or ward, or the estate of the
proposed conservatee or ward, from substantial harm.
2250.2. (a) On or after the filing of a petition for appointment of
a conservator, any person entitled to petition for appointment of
the conservator may file a petition for appointment of a temporary
conservator of the person or estate or both.
(b) The petition shall state facts that establish good cause for
appointment of the temporary conservator. The court, upon that
petition or any other showing as it may require, may appoint a
temporary conservator of the person or estate or both, to serve
pending the final determination of the court upon the petition for
the appointment of the conservator.
(c) Unless the court for good cause otherwise orders, not less
than five days before the appointment of the temporary conservator,
notice of the proposed appointment shall be personally delivered to
the proposed conservatee.
(d) If the court suspends powers of the conservator under Section
2334 or 2654 or under any other provision of this division, the court
may appoint a temporary conservator to exercise those powers until
the powers are restored to the conservator or a new conservator is
appointed.
(e) If for any reason a vacancy occurs in the office of
conservator, the court, on a petition filed under subdivision (a) or
on its own motion, may appoint a temporary conservator to exercise
the powers of the conservator until a new conservator is appointed.
(f) This section shall only apply to proceedings under Chapter 3
(commencing with Section 5350) of Part 1 of Division 5 of the Welfare
and Institutions Code.
2250.4. The proposed temporary conservatee shall attend the hearing
except in the following cases:
(a) If the proposed temporary conservatee is out of the state when
served and is not the petitioner.
(b) If the proposed temporary conservatee is unable to attend the
hearing by reason of medical inability.
(c) If the court investigator has visited the proposed conservatee
prior to the hearing and the court investigator has reported to the
court that the proposed temporary conservatee has expressly
communicated that all of the following apply:
(1) The proposed conservatee is not willing to attend the hearing.
(2) The proposed conservatee does not wish to contest the
establishment of the temporary conservatorship.
(3) The proposed conservatee does not object to the proposed
temporary conservator or prefer that another person act as temporary
conservator.
(d) If the court determines that the proposed conservatee is
unable or unwilling to attend the hearing, and holding the hearing in
the absence of the proposed conservatee is necessary to protect the
conservatee from substantial harm.
2250.6. (a) Regardless of whether the proposed temporary
conservatee attends the hearing, the court investigator shall do all
of the following prior to the hearing, unless it is not feasible to
do so, in which case the court investigator shall comply with the
requirements set forth in subdivision (b):
(1) Interview the proposed conservatee personally. The court
investigator also shall do all of the following:
(A) Interview the petitioner and the proposed conservator, if
different from the petitioner.
(B) To the greatest extent possible, interview the proposed
conservatee's spouse or registered domestic partner, relatives within
the first degree, neighbors and, if known, close friends.
(C) To the extent possible, interview the proposed conservatee's
relatives within the second degree as set forth in subdivision (b) of
Section 1821 before the hearing.
(2) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the temporary
conservatorship, and of the right of the proposed conservatee to
oppose the proceeding, to attend the hearing, to have the matter of
the establishment of the conservatorship tried by jury, to be
represented by legal counsel if the proposed conservatee so chooses,
and to have legal counsel appointed by the court if unable to retain
legal counsel.
(3) Determine whether it appears that the proposed conservatee is
unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.
(4) Determine whether the proposed conservatee wishes to contest
the establishment of the conservatorship.
(5) Determine whether the proposed conservatee objects to the
proposed conservator or prefers another person to act as conservator.
(6) Report to the court, in writing, concerning all of the
foregoing.
(b) If not feasible before the hearing, the court investigator
shall do all of the following within two court days after the
hearing:
(1) Interview the conservatee personally. The court investigator
also shall do all of the following:
(A) Interview the petitioner and the proposed conservator, if
different from the petitioner.
(B) To the greatest extent possible, interview the proposed
conservatee's spouse or registered domestic partner, relatives within
the first degree, neighbors and, if known, close friends.
(C) To the extent possible, interview the proposed conservatee's
relatives within the second degree as set forth in subdivision (b) of
Section 1821.
(2) Inform the conservatee of the nature, purpose, and effect of
the temporary conservatorship, as well as the right of the
conservatee to oppose the proposed general conservatorship, to attend
the hearing, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
(c) If the investigator does not visit the conservatee until after
the hearing at which a temporary conservator was appointed, and the
conservatee objects to the appointment of the temporary conservator,
or requests an attorney, the court investigator shall report this
information promptly, and in no event more than three court days
later, to the court. Upon receipt of that information, the court may
proceed with appointment of an attorney as provided in Chapter 4
(commencing with Section 1470) of Part 1.
(d) If it appears to the court investigator that the temporary
conservatorship is inappropriate, the court investigator shall
immediately, and in no event more than two court days later, provide
a written report to the court so the court can consider taking
appropriate action on its own motion.
2250.8. Sections 2250, 2250.4, and 2250.6 shall not apply to
proceedings under Chapter 3 (commencing with Section 5350) of Part 1
of Division 5 of the Welfare and Institutions Code.
2251. A temporary guardian or temporary conservator shall be issued
letters of temporary guardianship or conservatorship upon taking the
oath and filing the bond as in the case of a guardian or
conservator. The letters shall indicate the termination date of the
temporary appointment.
2252. (a) Except as otherwise provided in subdivisions (b) and (c),
a temporary guardian or temporary conservator has only those powers
and duties of a guardian or conservator that are necessary to provide
for the temporary care, maintenance, and support of the ward or
conservatee and that are necessary to conserve and protect the
property of the ward or conservatee from loss or injury.
(b) Unless the court otherwise orders:
(1) A temporary guardian of the person has the powers and duties
specified in Section 2353 (medical treatment).
(2) A temporary conservator of the person has the powers and
duties specified in Section 2354 (medical treatment).
(3) A temporary guardian of the estate or temporary conservator of
the estate may marshal assets and establish accounts at financial
institutions.
(c) The temporary guardian or temporary conservator has the
additional powers and duties as may be ordered by the court (1) in
the order of appointment or (2) by subsequent order made with or
without notice as the court may require. Notwithstanding subdivision
(e), those additional powers and duties may include relief granted
pursuant to Article 10 (commencing with Section 2580) of Chapter 6 if
this relief is not requested in a petition for the appointment of a
temporary conservator but is requested in a separate petition.
(d) The terms of any order made under subdivision (b) or (c) shall
be included in the letters of temporary guardianship or
conservatorship.
(e) A temporary conservator is not permitted to sell or
relinquish, on the conservatee's behalf, any lease or estate in real
or personal property used as or within the conservatee's place of
residence without the specific approval of the court. This approval
may be granted only if the conservatee has been served with notice of
the hearing, the notice to be personally delivered to the temporary
conservatee unless the court for good cause otherwise orders, and
only if the court finds that the conservatee will be unable to return
to the residence and exercise dominion over it and that the action
is necessary to avert irreparable harm to the conservatee. The
temporary conservator is not permitted to sell or relinquish on the
conservatee's behalf any estate or interest in other real or personal
property without specific approval of the court, which may be
granted only upon a finding that the action is necessary to avert
irreparable harm to the conservatee. A finding of irreparable harm as
to real property may be based upon a reasonable showing that the
real property is vacant, that it cannot reasonably be rented, and
that it is impossible or impractical to obtain fire or liability
insurance on the property.
2253. (a) If a temporary conservator of the person proposes to fix
the residence of the conservatee at a place other than that where the
conservatee resided prior to the commencement of the proceedings,
that power shall be requested of the court in writing, unless the
change of residence is required of the conservatee by a prior court
order. The request shall be filed with the petition for temporary
conservatorship or, if a temporary conservatorship has already been
established, separately. The request shall specify in particular the
place to which the temporary conservator proposes to move the
conservatee, and the precise reasons why it is believed that the
conservatee will suffer irreparable harm if the change of residence
is not permitted, and why no means less restrictive of the
conservatee's liberty will suffice to prevent that harm.
(b) Unless the court for good cause orders otherwise, the court
investigator shall do all of the following:
(1) Interview the conservatee personally.
(2) Inform the conservatee of the nature, purpose, and effect of
the request made under subdivision (a), and of the right of the
conservatee to oppose the request, attend the hearing, be represented
by legal counsel if the conservatee so chooses, and to have legal
counsel appointed by the court if unable to obtain legal counsel.
(3) Determine whether the conservatee is unable to attend the
hearing because of medical inability and, if able to attend, whether
the conservatee is willing to attend the hearing.
(4) Determine whether the conservatee wishes to oppose the
request.
(5) Determine whether the conservatee wishes to be represented by
legal counsel at the hearing and, if so, whether the conservatee has
retained legal counsel and, if not, the name of an attorney the
proposed conservatee wishes to retain or whether the conservatee
desires the court to appoint legal counsel.
(6) If the conservatee does not plan to retain legal counsel and
has not requested the appointment of legal counsel by the court,
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.
(7) Determine whether the proposed change of place of residence is
required to prevent irreparable harm to the conservatee and whether
no means less restrictive of the conservatee's liberty will suffice
to prevent that harm.
(8) Report to the court in writing, at least two days before the
hearing, concerning all of the foregoing, including the conservatee's
express communications concerning representation by legal counsel
and whether the conservatee is not willing to attend the hearing and
does not wish to oppose the request.
(c) Within seven days of the date of filing of a temporary
conservator's request to remove the conservatee from his or her
previous place of residence, the court shall hold a hearing on the
request.
(d) The conservatee shall be present at the hearing except in the
following cases:
(1) Where the conservatee is unable to attend the hearing by
reason of medical inability. Emotional or psychological instability
is not good cause for the absence of the conservatee from the hearing
unless, by reason of that instability, attendance at the hearing is
likely to cause serious and immediate physiological damage to the
conservatee.
(2) Where the court investigator has reported to the court that
the conservatee has expressly communicated that the conservatee is
not willing to attend the hearing and does not wish to oppose the
request, and the court makes an order that the conservatee need not
attend the hearing.
(e) If the conservatee is unable to attend the hearing because of
medical inability, that inability shall be established (1) by the
affidavit or certificate of a licensed medical practitioner or (2) if
the conservatee is an adherent of a religion whose tenets and
practices call for reliance on prayer alone for healing and is under
treatment by an accredited practitioner of that religion, by the
affidavit of the practitioner. The affidavit or certificate is
evidence only of the conservatee's inability to attend the hearing
and shall not be considered in determining the issue of need for the
establishment of a conservatorship.
(f) At the hearing, the conservatee has the right to be
represented by counsel and the right to confront and cross-examine
any witness presented by or on behalf of the temporary conservator
and to present evidence on his or her own behalf.
(g) The court may approve the request to remove the conservatee
from the previous place of residence only if the court finds (1) that
change of residence is required to prevent irreparable harm to the
conservatee and (2) that no means less restrictive of the conservatee'
s liberty will suffice to prevent that harm. If an order is made
authorizing the temporary conservator to remove the conservatee from
the previous place of residence, the order shall specify the specific
place wherein the temporary conservator is authorized to place the
conservatee. The temporary conservator may not be authorized to
remove the conservatee from this state unless it is additionally
shown that such removal is required to permit the performance of
specified nonpsychiatric medical treatment, consented to by the
conservatee, which is essential to the conservatee's physical
survival. A temporary conservator who willfully removes a temporary
conservatee from this state without authorization of the court is
guilty of a felony.
(h) Subject to subdivision (e) of Section 2252, the court shall
also order the temporary conservator to take all reasonable steps to
preserve the status quo concerning the conservatee's previous place
of residence.
2254. (a) Notwithstanding Section 2253, a temporary conservator may
remove a temporary conservatee from the temporary conservatee's
place of residence without court authorization if an emergency
exists. For the purposes of this section, an emergency exists if the
temporary conservatee's place of residence is unfit for habitation or
if the temporary conservator determines in good faith based upon
medical advice that the case is an emergency case in which removal
from the place of residence is required (1) to provide medical
treatment needed to alleviate severe pain or (2) to diagnose or treat
a medical condition which, if not immediately diagnosed and treated,
will lead to serious disability or death.
(b) No later than one judicial day after the emergency removal of
the temporary conservatee, the temporary conservator shall file a
written request pursuant to Section 2253 for authorization to fix the
residence of the temporary conservatee at a place other than the
temporary conservatee's previous place of residence.
(c) Nothing in this chapter prevents a temporary conservator from
removing a temporary conservatee from the place of residence to a
health facility for treatment without court authorization when the
temporary conservatee has given informed consent to the removal.
(d) Nothing in this chapter prevents a temporary conservator from
removing a temporary conservatee without court authorization from one
health facility where the conservatee is receiving medical care to
another health facility where the conservatee will receive medical
care.
2255. (a) Except as provided in subdivision (b), an inventory and
appraisal of the estate shall be filed by the temporary guardian or
temporary conservator of the estate as required by Article 2
(commencing with Section 2610) of Chapter 7.
(b) A temporary guardian or temporary conservator of the estate
may inventory the estate in the final account, without the necessity
for an appraisal of the estate, if the final account is filed within
90 days after the appointment of the temporary guardian or temporary
conservator.
2256. (a) Except as provided in subdivision (b), the temporary
guardian or temporary conservator of the estate shall present his or
her account to the court for settlement and allowance within 90 days
after the appointment of a guardian or conservator of the estate or
within such other time as the court may fix.
(b) If the temporary guardian or temporary conservator of the
estate is appointed guardian or conservator of the estate, the
guardian or conservator may account for the administration as
temporary guardian or temporary conservator in his or her first
regular account.
(c) Accounts are subject to Sections 2621 to 2626, inclusive,
Sections 2630 to 2633, inclusive, and Sections 2640 to 2642,
inclusive.
2257. (a) Except as provided in subdivision (b), the powers of a
temporary guardian or temporary conservator terminate, except for the
rendering of the account, at the earliest of the following times:
(1) The time the temporary guardian or conservator acquires notice
that a guardian or conservator is appointed and qualified.
(2) Thirty days after the appointment of the temporary guardian or
temporary conservator or such earlier time as the court may specify
in the order of appointment.
(b) With or without notice as the court may require, the court may
for good cause order that the time for the termination of the powers
of the temporary guardian or temporary conservator be extended or
shortened pending final determination by the court of the petition
for appointment of a guardian or conservator or pending the final
decision on appeal therefrom or for other cause. The order which
extends the time for termination shall fix the time when the powers
of the temporary guardian or temporary conservator terminate except
for the rendering of the account.
2258. A temporary guardian or temporary conservator is subject to
the provisions of this division governing the suspension, removal,
resignation, and discharge of a guardian or conservator.
