Conservators and guardians: disposition of property.

The Guardianship-Conservatorship Law generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. Existing law authorizes a guardian or conservator to dispose of or abandon valueless property, and requires a guardian or conservator to sell real or personal property of the estate, except as specified, subject to authorization, confirmation, or direction of the court. The Trust Law requires the appointment of a successor trustee, if required by the trust instrument, pursuant to a specified priority of persons or entities. This bill would authorize a guardian or conservator of the estate to dispose of or abandon valueless property only after providing all persons who received notice of the guardianship or conservatorship petition with 15 days' written notice and providing reasonable access to the valueless property prior to its disposal or abandonment. The bill would authorize a person who received that notice to petition the court to resolve a property right dispute. If a guardian or conservator of the estate becomes a successor trustee while the ward or conservatee is alive, the bill would require, notwithstanding any other provision, all of the conservatee's or ward's personal property, wherever located, and real property located in this state to be subject to the continuing jurisdiction of the court and, unless the court finds it is not in the ward's or conservatee's best interest, to be under court supervision with the appropriate accounting required by the court.