Temporary Guardians

Chapter 3 of Part 4 of Division 4 of the Probate Code deals with temporary guardians and conservators.

Section 2250 provides that, on or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment.

Section 2250.2 provides that any person entitled to petition for appointment of the conservator may file a petition for appointment of a temporary conservator of the person or estate or both. The petition is required to state facts that establish good cause for appointment of the temporary conservator. The court, upon that petition or any other showing as it may require, may appoint a temporary conservator of the person or estate or both, to serve pending the final determination of the court upon the petition for the appointment of the conservator.

Section 2250.4 requires the proposed temporary conservatee to attend the hearing except in two specified cases.

Section 2250.6 requires, regardless of whether the proposed temporary conservatee attends the hearing, the court investigator to do all of the specified actions before the hearing, unless it is not feasible to do so.

Section 2251 requires a temporary guardian or temporary conservator to be issued letters of temporary guardianship or conservatorship upon taking the oath and filing the bond as in the case of a guardian or conservator. The letters must indicate the termination date of the temporary appointment.

Section 2252 explains that a temporary guardian or temporary conservator has only those powers and duties of a guardian or conservator that are necessary to provide for the temporary care, maintenance, and support of the ward or conservatee and that are necessary to conserve and protect the property of the ward or conservatee from loss or injury.

Section 2253 provides that, if a temporary conservator of the person proposes to fix the residence of the conservatee at a place other than that where the conservatee resided before the commencement of the proceedings, that power must be requested of the court in writing, unless the change of residence is required of the conservatee by a prior court order.

The request must be filed with the petition for temporary conservatorship or, if a temporary conservatorship has already been established, separately. The request is to specify in detail the place to which the temporary conservator proposes to move the conservatee, the precise reasons that the petitioner or temporary conservator has concluded that the conservatee will suffer irreparable harm if the change of residence is not permitted, and why no means less restrictive of the conservatee’s liberty will suffice to prevent that harm.

Section 2254 authorizes a temporary conservator to remove a temporary conservatee from the temporary conservatee’s place of residence without court authorization if an emergency exists.

Section 2255 requires an inventory and appraisal of the estate to be filed by the temporary guardian or temporary conservator of the estate as required by law. A temporary guardian or temporary conservator of the estate may inventory the estate in the final account, without the necessity for an appraisal of the estate, if the final account is filed within 90 days after the appointment of the temporary guardian or temporary conservator.

Section 2256 specifies that the temporary guardian or temporary conservator of the estate must present his or her account to the court for settlement and allowance within 90 days after the appointment of a guardian or conservator of the estate or within such other time as the court may fix.

Section 2267 provides the powers of a temporary guardian or temporary conservator terminate, except for the rendering of the account, at the earliest of the specified times. Section 2258 states that a temporary guardian or temporary conservator is subject to the provisions of this division governing the suspension, removal, resignation, and discharge of a guardian or conservator.