SECTIONS 2650-2655 - California Statutes

PROBATE CODE

SECTION 2650-2655

2650. A guardian or conservator may be removed for any of the
following causes:
(a) Failure to use ordinary care and diligence in the management
of the estate.
(b) Failure to file an inventory or an account within the time
allowed by law or by court order.
(c) Continued failure to perform duties or incapacity to perform
duties suitably.
(d) Conviction of a felony, whether before or after appointment as
guardian or conservator.
(e) Gross immorality.
(f) Having such an interest adverse to the faithful performance of
duties that there is an unreasonable risk that the guardian or
conservator will fail faithfully to perform duties.
(g) In the case of a guardian of the person or a conservator of
the person, acting in violation of any provision of Section 2356.
(h) In the case of a guardian of the estate or a conservator of
the estate, insolvency or bankruptcy of the guardian or conservator.
(i) In any other case in which the court in its discretion
determines that removal is in the best interests of the ward or
conservatee; but, in considering the best interests of the ward, if
the guardian was nominated under Section 1500 or 1501, the court
shall take that fact into consideration.

2651. The ward or conservatee, the spouse of the ward or the spouse
or domestic partner of the conservatee, any relative or friend of
the ward or conservatee, or any interested person may apply by
petition to the court to have the guardian or conservator removed.
The petition shall state facts showing cause for removal.

2652. 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.

2653. (a) The guardian or conservator, the ward or conservatee, the
spouse of the ward or the spouse or registered domestic partner of
the conservatee, any relative or friend of the ward or conservatee,
and any interested person may appear at the hearing and support or
oppose the petition.
(b) If the court determines that cause for removal of the guardian
or conservator exists, the court may remove the guardian or
conservator, revoke the letters of guardianship or conservatorship,
and enter judgment accordingly and, in the case of a guardianship or
conservatorship of the estate, order the guardian or conservator to
file an accounting and to surrender the estate to the person legally
entitled thereto. If the guardian or conservator fails to file the
accounting as ordered, the court may compel the accounting pursuant
to Section 2620.2.
(c) If the court removes the guardian or conservator for cause, as
described in subdivisions (a) to (g), inclusive, of Section 2650 or
Section 2655, both of the following shall apply:
(1) The court shall award the petitioner the costs of the petition
and other expenses and costs of litigation, including attorney's
fees, incurred under this article, unless the court determines that
the guardian or conservator has acted in good faith, based on the
best interests of the ward or conservatee.
(2) The guardian or conservator may not deduct from, or charge to,
the estate his or her costs of litigation, and is personally liable
for those costs and expenses.

2654. Whenever it appears that the ward or conservatee or the
estate may suffer loss or injury during the time required for notice
and hearing under this article, the court, on its own motion or on
petition, may do either or both of the following:
(a) Suspend the powers of the guardian or conservator pending
notice and hearing to such extent as the court deems necessary.
(b) Compel the guardian or conservator to surrender the estate to
a custodian designated by the court.

2655. (a) A guardian or conservator may be removed from office if
the guardian or conservator is found in contempt for disobeying an
order of the court.
(b) Notwithstanding any other provision of this article, a
guardian or conservator may be removed from office under subdivision
(a) by a court order reciting the facts and without further showing
or notice.