(a)Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. This control shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by court order. The court may issue an order that specifically grants the conservator the power to enforce the conservatee’s rights to receive visitors, telephone calls, and personal mail, or that directs the conservator to allow those visitors, telephone calls, and personal mail.
(b)Where the court determines that it is appropriate in the circumstances of the particular conservatee, the court, in its discretion, may limit the powers and duties that the conservator would otherwise have under subdivision (a) by an order stating either of the following:
(1)The specific powers that the conservator does not have with respect to the conservatee’s person and reserving the powers so specified to the conservatee.
(2)The specific powers and duties the conservator has with respect to the conservatee’s person and reserving to the conservatee all other rights with respect to the conservatee’s person that the conservator otherwise would have under subdivision (a).
(c)An order under this section (1) may be included in the order appointing a conservator of the person or (2) may be made, modified, or revoked upon a petition subsequently filed, notice of the hearing on the petition having been given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(d)The guardian or conservator, in exercising his or her powers, may not hire or refer any business to an entity in
which he or she has a financial interest except upon authorization of the court. Prior to authorization from the court, the guardian or conservator shall disclose to the court in writing his or her financial interest in the entity. For the purposes of this subdivision, “financial interest” shall mean (1) an ownership interest in a sole proprietorship, a partnership, or a closely held corporation, or (2) an ownership interest of greater than 1 percent of the outstanding shares in a publicly traded corporation, or (3) being an officer or a director of a corporation. This subdivision shall apply only to conservators and guardians required to register with the Statewide Registry under Chapter 13 (commencing with Section 2850).
Notes of Decisions
Cited in
17
cases (
2 in the last 5 years), 1986–2024 · leading case:
People v. Karriker, 149 Cal. App. 4th 763 (Cal. Ct. App. 2007).
People v. Karriker, 149 Cal. App. 4th 763 (Cal. Ct. App. 2007).
· cites it 2× “) “When ordered by the court after the hearing required by this section, a conservator appointed pursuant to this chapter shall place his or her conservatee as follows: [][] (A) For a conservatee who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of…”
San Diego Cnty. Health & Human Servs. Agency v. Jesse H., 205 Cal. App. 4th 92 (Cal. Ct. App. 2012).
· cites it 2× “3d 1089 ]; Prob. Code, §2351, subd. (a).) If the guardian is a suitable custodian and able to protect the child from the risks posed by the parent’s behavior 12 the guardianship is sufficient to ensure the child’s safety, protection and well-being.”
Guardianship of Ann S., 202 P.3d 1089 (Cal. 2009).
“(Prob. Code, § 2351, subd. (a).) There is no periodic court review of the placement, as there is in dependency proceedings.”
Pub. Guardian of the Cnty. of San Luis Obispo v. S.A. (In re S.A.), 25 Cal. App. 5th 438 (Cal. Ct. App. 2018).
“had 14-day's notice of Public Guardian's intent to use them at trial and the opportunity to object in a written motion in limine, an *445 amended motion in limine, and two lengthy court hearings on their admissibility.”
Conservatorship of Drabick, 200 Cal. App. 3d 185 (Cal. Ct. App. 1988).
“” (Prob. Code, § 2351, subd. (b).) 18 Note that, under the American Medical Association’s formal ethical opinion, the “concurrence of those who have responsibility for the care of the patient” is a necessary component of the ethical decision whether to forego life sustaining…”
Guardianship of Stephen G., 40 Cal. App. 4th 1418 (Cal. Ct. App. 1995).
“) In the absence of further court intervention, this suspension will continue until the child is no longer subject to parental control. (Prob. Code, § 1600 [guardianship continues until death, adoption, majority, or marriage of the ward]; see Fam.”
Guardianship of Donaldson, 178 Cal. App. 3d 477 (Cal. Ct. App. 1986).
“3 The UCCJA governs child custody proceedings, namely actions “providing for the custody of a child.” (§ 5151, subd.”
Kagy v. Napa State Hosp., 28 Cal. App. 4th 1 (Cal. Ct. App. 1994).
“Thus, Probate Code section 2351, subdivision (a) provides that a conservator of the person has “the care, custody, and control of, and has charge of the education of, the ward or conservatee.”
Poaster v. Superior Court of Stanislaus Cty., 20 Cal. App. 4th 948 (Cal. Ct. App. 1993).
“) Similarly, Probate Code section 2351, subdivision (a), states that a guardian of the person “has the care, custody, and control of, and has charge of the education of, the ward .”
Conservatorship of Navarrete, 58 Cal. App. 5th 1018 (Cal. Ct. App. 2020).
· cites it 4× “” (Prob. Code, § 2351, subd. (a).) 2Navarrete also argues the trial court erred by not allowing her to testify.”
Conservatorship of Navarrete, 58 Cal. App. 5th 1018 (Cal. Ct. App. 2020).
· cites it 4× “” (Prob. Code, § 2351, subd. (a).) 2Navarrete also argues the trial court erred by not allowing her to testify.”
J.L. v. Cissna, 374 F. Supp. 3d 855 (N.D. Cal. 2019).
“1(c) ("This section does not authorize the guardian to abrogate any of the rights that a person who has attained 18 years of age may have as an adult under state law .”
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