State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 2420-2423

PROBATE CODE
SECTION 2420-2423



2420.  (a) Subject to Section 2422, the guardian or conservator
shall apply the income from the estate, so far as necessary, to the
comfortable and suitable support, maintenance, and education of the
ward or conservatee (including care, treatment, and support of a ward
or conservatee who is a patient in a state hospital under the
jurisdiction of the State Department of Mental Health or the State
Department of Developmental Services) and of those legally entitled
to support, maintenance, or education from the ward or conservatee,
taking into account the value of the estate and the condition of life
of the persons required to be furnished such support, maintenance,
or education.
   (b) If the income from the estate is insufficient for the purpose
described in subdivision (a), the guardian or conservator may sell or
give a security interest in or other lien on any personal property
of the estate, or sell or mortgage or give a deed of trust on any
real property of the estate, as provided in this part.
   (c) When the amount paid by the guardian or conservator for the
purpose described in subdivision (a) satisfies the standard set out
in that subdivision, and the payments are supported by proper
vouchers or other proof satisfactory to the court, the guardian or
conservator shall be allowed credit for such payments when the
accounts of the guardian or conservator are settled.
   (d) Nothing in this section requires the guardian or conservator
to obtain court authorization before making the payments authorized
by this section, but nothing in this section dispenses with the need
to obtain any court authorization otherwise required for a particular
transaction.
   (e) Nothing in this section precludes the guardian or conservator
from seeking court authorization or instructions or approval and
confirmation pursuant to Section 2403.



2421.  (a) Upon petition of the guardian or conservator or the ward
or conservatee, the court may authorize the guardian or conservator
to pay to the ward or conservatee out of the estate a reasonable
allowance for the personal use of the ward or conservatee. The
allowance shall be in such amount as the court may determine to be
for the best interests of the ward or conservatee.
   (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) The guardian or conservator is not required to account for
such allowance other than to establish that it has been paid to the
ward or conservatee. The funds so paid are subject to the sole
control of the ward or conservatee.



2422.  (a) Upon petition of the guardian or conservator, the ward or
conservatee, or any other interested person, the court may for good
cause order the ward or conservatee to be wholly or partially
supported, maintained, or educated out of the estate notwithstanding
the existence of a third party legally obligated to provide such
support, maintenance, or education. Such order may be made for a
limited period of time. If not so limited, it continues in effect
until modified or revoked.
   (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.



2423.  (a) Upon petition of the conservator, the conservatee, the
spouse or domestic partner of the conservatee, or a relative within
the second degree of the conservatee, the court may by order
authorize or direct the conservator to pay and distribute surplus
income of the estate or any part of the surplus income (not used for
the support, maintenance, and education of the conservatee and of
those legally entitled to support, maintenance, or education from the
conservatee) to the spouse or domestic partner of the conservatee
and to relatives within the second degree of the conservatee whom the
conservatee would, in the judgment of the court, have aided but for
the existence of the conservatorship. The court in ordering payments
under this section may impose conditions if the court determines that
the conservatee would have imposed the conditions if the conservatee
had the capacity to act.
   (b) The granting of the order and the amounts and proportions of
the payments are discretionary with the court, but the court shall
consider all of the following:
   (1) The amount of surplus income available after adequate
provision has been made for the comfortable and suitable support,
maintenance, and education of the conservatee and of those legally
entitled to support, maintenance, or education from the conservatee.
   (2) The circumstances and condition of life to which the
conservatee and the spouse or domestic partner and relatives have
been accustomed.
   (3) The amount that the conservatee would in the judgment of the
court have allowed the spouse or domestic partner and relatives but
for the existence of the conservatorship.
   (c) 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.