SECTIONS 2430-2431 - California Statutes

PROBATE CODE

SECTION 2430-2431

2430. (a) Subject to subdivisions (b) and (c), the guardian or
conservator shall pay the following from any principal and income of
the estate:
(1) The debts incurred by the ward or conservatee before creation
of the guardianship or conservatorship, giving priority to the debts
described in Section 2431 to the extent required by that section.
(2) The debts incurred by the ward or conservatee during the
guardianship or conservatorship to provide the necessaries of life to
the ward or conservatee, and to the spouse and minor children of the
ward or conservatee, to the extent the debt is reasonable. Also, the
debts reasonably incurred by the conservatee during the
conservatorship to provide the basic living expenses, as defined in
Section 297 of the Family Code, to the domestic partner of the
conservatee. The guardian or conservator may deduct the amount of any
payments for these debts from any allowance otherwise payable to the
ward or conservatee.
(3) In the case of a conservatorship, any other debt incurred by
the conservatee during the conservatorship only if the debt satisfies
the requirements of any order made under Chapter 4 (commencing with
Section 1870) of Part 3.
(4) The reasonable expenses incurred in the collection, care, and
administration of the estate, but court authorization is required for
payment of compensation to any of the following:
(A) The guardian or conservator of the person or estate or both.
(B) An attorney for the guardian or conservator of the person or
estate or both.
(C) An attorney for the ward or conservatee.
(D) An attorney for the estate.
(E) The public guardian for the costs and fee under Section 2902.
(b) The payments provided for by paragraph (3) of subdivision (a)
are not required to be made to the extent the payments would impair
the ability to provide the necessaries of life to the conservatee and
the spouse and minor children of the conservatee and to provide the
basic living expenses, as defined in Section 297 of the Family Code,
of the domestic partner of the conservatee.
(c) The guardian or conservator may petition the court under
Section 2403 for instructions when there is doubt whether a debt
should be paid under this section.

2431. (a) Subject to subdivision (d), the guardian or conservator
may petition the court under Section 2403 for instructions when there
is doubt whether a wage claim should be paid under this section.
(b) The guardian or conservator shall promptly pay wage claims for
work done or services rendered for the ward or conservatee within 30
days prior to the date the petition for appointment of the guardian
or conservator was filed. The payments made pursuant to this
subdivision shall not exceed nine hundred dollars ($900) to each
claimant. If there is insufficient money to pay all the claims
described in this subdivision up to nine hundred dollars ($900), the
money available shall be distributed among such claimants in
proportion to the amount of their respective claims.
(c) After the payments referred to in subdivision (b) have been
made, the guardian or conservator shall pay wage claims for work done
or services rendered for the ward or conservatee within 90 days
prior to the date the petition for appointment of the guardian or
conservator was filed, excluding the claims described in subdivision
(b). The payments made pursuant to this subdivision shall not exceed
one thousand one hundred dollars ($1,100) to each claimant. If there
is insufficient money to pay all the claims described in this
subdivision up to one thousand one hundred dollars ($1,100), the
money available shall be distributed among such claimants in
proportion to the amounts of their respective claims.
(d) The guardian or conservator may require sworn claims to be
presented. If there is reasonable cause to believe that the claim is
not valid, the guardian or conservator may refuse to pay the claim in
whole or in part but shall pay any part thereof that is not disputed
without prejudice to the claimant's rights as to the balance of the
claim. The guardian or conservator shall withhold sufficient money to
cover the disputed portion until the claimant has had a reasonable
opportunity to establish the validity of the claim by bringing an
action, either in the claimant's own name or through an assignee,
against the guardian or conservator.
(e) If the guardian or conservator neglects or refuses to pay all
or any portion of a claim which is not in dispute, the court shall
order the guardian or conservator to do so upon the informal
application of any wage claimant or the assignee or legal
representative of such claimant.