2900-2903
PROBATE CODE
SECTION 2900-2903
2900. (a) If the public guardian or public conservator determines
that the requirements for appointment of a guardian or conservator of
the estate are satisfied and the public guardian or public
conservator intends to apply for appointment, the public guardian or
public conservator may take possession or control of real or personal
property of a person domiciled in the county that is subject to
loss, injury, waste, or misappropriation, and, subject to subdivision
(b), may deny use of, access to, or prohibit residency in, the real
or personal property, by anyone who does not have a written rental
agreement or other legal right to the use of, or access to, the
property.
(b) The authority provided to the public guardian and public
conservator in subdivision (a) includes the authority to terminate
immediately the occupancy of anyone living in the home of an intended
ward or conservatee, other than the intended ward or conservatee,
and the authority to remove any such occupant residing therein,
subject to the following requirements:
(1) The public guardian or public conservator shall first
determine that the person whose occupancy is to be terminated has no
written rental agreement or other legal right to occupancy, and has
caused, contributed to, enabled, or threatened loss, injury, waste,
or misappropriation of the home or its contents. In making this
determination, the public guardian or public conservator shall
contact the intended ward or conservatee and the occupant, advise
them of the proposed removal and the grounds therefor, and consider
whatever information they provide.
(2) At the time of the removal, the public guardian or public
conservator shall advise the intended ward or conservatee and the
occupant that a hearing will be held as provided in paragraph (3).
(3) The public guardian or public conservator shall file a
petition regarding removal, showing the grounds therefor, to be set
for hearing within 10 days of the filing of the petition and within
15 days of the removal. The person removed and the intended ward or
conservatee shall be personally served with a notice of hearing and a
copy of the petition at least five days prior to the hearing,
subject to Part 2 (commencing with Section 1200) of Division 3. The
right of the public guardian or public conservator to deny occupancy
by the removed person to the premises shall terminate 15 days after
removal, unless extended by the court at the hearing on the petition.
The court shall not grant an extension unless the public guardian or
public conservator has filed a petition for appointment as guardian
or conservator of the estate.
(c) If the public guardian or public conservator takes possession
of the residence of an intended ward or conservatee under this
section, then for purposes of Section 602.3 of the Penal Code, the
public guardian or public conservator shall be the owner's
representative.
2901. (a) A public guardian who is authorized to take possession or
control of property under this chapter may issue a written
certification of that fact. The written certification is effective
for 15 days after the date of issuance.
(b) The written recordable certification shall substantially
comply with the following form:
"CERTIFICATE OF AUTHORITY
THIS IS AN OFFICIAL CERTIFICATE ENTITLING THE PUBLIC GUARDIAN TO
TAKE POSSESSION OF ANY AND ALL PROPERTY BELONGING TO THE FOLLOWING
INDIVIDUAL:
(Name of Individual) _____________
This Certificate of Authority has been issued by the Public
Guardian pursuant to and in compliance with Chapter 1 (commencing
with Section 2900) of Part 5 of Division 4 of the California Probate
Code. Under California law, this Certificate of Authority authorizes
the Public Guardian to take possession or control of property
belonging to the above-named individual.
SPECIAL NOTE TO FINANCIAL INSTITUTIONS:
State law requires that upon receiving a copy of this Certificate
of Authority, financial institutions shall provide the public
guardian with information concerning property held by the above-named
individual and surrender the property to the Public Guardian if
requested.
This Certificate of Authority shall only be valid when signed and
dated by the Public Guardian or a deputy Public Guardian of the
County of _____ and affixed with the official seal of the Public
Guardian below.
Signature of Public Guardian:
Date:
Official Seal"
(c) The public guardian may record a copy of the written
certification in any county in which is located real property of
which the public guardian is authorized to take possession or control
under this chapter.
(d) A financial institution or other person shall, without the
necessity of inquiring into the truth of the written certification
and without court order or letters being issued:
(1) Provide the public guardian information concerning property
held in the sole name of the proposed ward or conservatee.
(2) Surrender to the public guardian property of the proposed ward
or conservatee that is subject to loss, injury, waste, or
misappropriation.
(e) Receipt of the written certification:
(1) Constitutes sufficient acquittance for providing information
and for surrendering property of the proposed ward or conservatee.
(2) Fully discharges the financial institution or other person
from any liability for any act or omission of the public guardian
with respect to the property.
2902. A public guardian who takes possession or control of property
pursuant to this chapter is entitled to reasonable costs incurred
for the preservation of the property, together with reasonable
compensation for services, in case of the subsequent appointment of
another person as guardian or conservator of the estate. The costs
and compensation are a proper and legal charge against the estate of
the ward or conservatee.
2903. This chapter applies only to possession or control of
property by a public guardian on or after July 1, 1989. Possession or
control of property by a public guardian before July 1, 1989, is
governed by the applicable law in effect before July 1, 1989,
notwithstanding its repeal by Chapter 1199 of the Statutes of 1988.