Cal. Codes » Probate Code / DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS / PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP / CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate / ARTICLE 10. Substituted Judgment
California Codes

Cal. Probate Code § 2581 (2026)

Substituted Judgment

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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Notice of the hearing of the petition shall be given, regardless of age, for the period and in the manner provided in Chapter 3 (commencing with Section 1460) or Part 1 to all of the following:

(a)The persons required to be given notice under Chapter 3 (commencing with Section 1460) of Part 1.

(b)The persons required to be named in a petition for the appointment of a conservator.

(c)So far as is known to the petitioner, beneficiaries under any document executed by the conservatee which may have testamentary effect unless the court for good cause dispenses with such notice.

(d)So far as is known to the petitioner, the persons who, if the conservatee were to die immediately, would be the conservatee’s heirs under the laws of intestate succession unless the court for good cause dispenses with such notice.

(e)Such other persons as the court may order.

Notes of Decisions
Cited in 2 cases, 1987–1987 · leading case: In re Est. of Berger, 520 N.E.2d 690 (Ill. App. Ct. 1987).
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In re Est. of Berger, 520 N.E.2d 690 (Ill. App. Ct. 1987). “( Cal. Prob. Code § 2581 (West).) Consistent with Christiansen, where an incompetent opposes the proposed action, the court shall allow the exercise of substituted judgment for the incompetent.”
Goodman v. Berger, 520 N.E.2d 690 (Ill. App. Ct. 1st Dist. 1987). “( Cal. Prob. Code §2581 (West).) Consistent with Christiansen, where an incompetent opposes the proposed action, the court shall allow the exercise of substituted judgment for the incompetent.”
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