SECTIONS 4540-4545 - California Statutes

PROBATE CODE

SECTION 4540-4545

4540. Subject to Section 4503, a petition may be filed under this
part by any of the following persons:
(a) The attorney-in-fact.
(b) The principal.
(c) The spouse of the principal.
(d) A relative of the principal.
(e) The conservator of the person or estate of the principal.
(f) The court investigator, described in Section 1454, of the
county where the power of attorney was executed or where the
principal resides.
(g) The public guardian of the county where the power of attorney
was executed or where the principal resides.
(h) The personal representative or trustee of the principal's
estate.
(i) The principal's successor in interest.
(j) A person who is requested in writing by an attorney-in-fact to
take action.
(k) Any other interested person or friend of the principal.

4541. A petition may be filed under this part for any one or more
of the following purposes:
(a) Determining whether the power of attorney is in effect or has
terminated.
(b) Passing on the acts or proposed acts of the attorney-in-fact,
including approval of authority to disobey the principal's
instructions pursuant to subdivision (b) of Section 4234.
(c) Compelling the attorney-in-fact to submit the attorney-in-fact'
s accounts or report the attorney-in-fact's acts as attorney-in-fact
to the principal, the spouse of the principal, the conservator of the
person or the estate of the principal, or to any other person
required by the court in its discretion, if the attorney-in-fact has
failed to submit an accounting or report within 60 days after written
request from the person filing the petition.
(d) Declaring that the authority of the attorney-in-fact is
revoked on a determination by the court of all of the following:
(1) The attorney-in-fact has violated or is unfit to perform the
fiduciary duties under the power of attorney.
(2) At the time of the determination by the court, the principal
lacks the capacity to give or to revoke a power of attorney.
(3) The revocation of the attorney-in-fact's authority is in the
best interest of the principal or the principal's estate.
(e) Approving the resignation of the attorney-in-fact:
(1) If the attorney-in-fact is subject to a duty to act under
Section 4230, the court may approve the resignation, subject to any
orders the court determines are necessary to protect the principal's
interests.
(2) If the attorney-in-fact is not subject to a duty to act under
Section 4230, the court shall approve the resignation, subject to the
court's discretion to require the attorney-in-fact to give notice to
other interested persons.
(f) Compelling a third person to honor the authority of an
attorney-in-fact.

4542. A proceeding under this part is commenced by filing a
petition stating facts showing that the petition is authorized under
this part, the grounds of the petition, and, if known to the
petitioner, the terms of the power of attorney.

4543. The court may dismiss a petition if it appears that the
proceeding is not reasonably necessary for the protection of the
interests of the principal or the principal's estate and shall stay
or dismiss the proceeding in whole or in part when required by
Section 410.30 of the Code of Civil Procedure.

4544. (a) Subject to subdivision (b), at least 15 days before the
time set for hearing, the petitioner shall serve notice of the time
and place of the hearing, together with a copy of the petition, on
the following:
(1) The attorney-in-fact if not the petitioner.
(2) The principal if not the petitioner.
(b) In the case of a petition to compel a third person to honor
the authority of an attorney-in-fact, notice of the time and place of
the hearing, together with a copy of the petition, shall be served
on the third person in the manner provided in Chapter 4 (commencing
with Section 413.10) of Title 5 of Part 2 of the Code of Civil
Procedure.

4545. In a proceeding under this part commenced by the filing of a
petition by a person other than the attorney-in-fact, the court may
in its discretion award reasonable attorney's fees to one of the
following:
(a) The attorney-in-fact, if the court determines that the
proceeding was commenced without any reasonable cause.
(b) The person commencing the proceeding, if the court determines
that the attorney-in-fact has clearly violated the fiduciary duties
under the power of attorney or has failed without any reasonable
cause or justification to submit accounts or report acts to the
principal or conservator of the estate or of the person, as the case
may be, after written request from the principal or conservator.