Section § 2320

Explanation

Before being formally appointed, every guardian or conservator must provide a court-approved bond. This bond protects the interests of the ward or conservatee and ensures the guardian or conservator performs their duties properly. The bond amount typically includes the total estate's personal property value, expected annual income, and annual payments from specific public benefits. It also covers potential costs for recovering the bond, including attorney fees. If personal sureties back the bond, the amount should be twice that of a corporate surety. Specific laws about bonds also apply, unless they conflict with this statute.

(a)CA Probate Code § 2320(a) Except as otherwise provided by statute, every person appointed as guardian or conservator shall, before letters are issued, give a bond approved by the court.
(b)CA Probate Code § 2320(b) The bond shall be for the benefit of the ward or conservatee and all persons interested in the guardianship or conservatorship estate and shall be conditioned upon the faithful execution of the duties of the office, according to law, by the guardian or conservator.
(c)CA Probate Code § 2320(c) Except as otherwise provided by statute, unless the court increases or decreases the amount upon a showing of good cause, the amount of a bond given by an admitted surety insurer shall be the sum of all of the following:
(1)CA Probate Code § 2320(c)(1) The value of the personal property of the estate.
(2)CA Probate Code § 2320(c)(2) The probable annual gross income of all of the property of the estate.
(3)CA Probate Code § 2320(c)(3) The sum of the probable annual gross payments from the following:
(A)CA Probate Code § 2320(c)(3)(A) Part 3 (commencing with Section 11000) of, Part 4 (commencing with Section 16000) of, or Part 5 (commencing with Section 17000) of, Division 9 of the Welfare and Institutions Code.
(B)CA Probate Code § 2320(c)(3)(B) Subchapter II (commencing with Section 401) of, or Part A of Subchapter XVI (commencing with Section 1382) of, Chapter 7 of Title 42 of the United States Code.
(C)CA Probate Code § 2320(c)(3)(C) Any other public entitlements of the ward or conservatee.
(4)CA Probate Code § 2320(c)(4) On or after January 1, 2008, a reasonable amount for the cost of recovery to collect on the bond, including attorney’s fees and costs. The attorney’s fees and costs incurred in a successful action for surcharge against a conservator or guardian for breach of his or her duty under this code shall be a surcharge against the conservator or guardian and, if unpaid, shall be recovered against the surety on the bond. The Judicial Council shall, on or before January 1, 2008, adopt a rule of court to implement this paragraph.
(d)CA Probate Code § 2320(d) If the bond is given by personal sureties, the amount of the bond shall be twice the amount required for a bond given by an admitted surety insurer.
(e)CA Probate Code § 2320(e) The Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) applies to a bond given under this article, except to the extent inconsistent with this article.

Section § 2320.1

Explanation

If a conservator or guardian finds out that the bond they've posted is too low according to the rules, they must quickly apply to the court to increase it. If they have a lawyer, the lawyer should also help with this process.

When the conservator or guardian has knowledge of facts from which the guardian or conservator knows or should know that the bond posted is less than the amount required under Section 2320, the conservator or guardian, and the attorney, if any, shall make an ex parte application for an order increasing the bond to the amount required under Section 2320.

Section § 2320.2

Explanation

If a court requires an extra bond when reviewing a financial account, the approval of the account and any related decisions, like fee approvals, won't take effect. The court will also not officially record the order until the extra bond is provided.

If additional bond is required by the court when the account is heard, the order approving the account and related matters, including fees, is not effective and the court shall not file the order until the additional bond is filed.

Section § 2321

Explanation

This law section states that in a conservatorship proceeding, the court generally cannot waive or reduce the amount of a bond unless there is a good reason and it is determined that the conservatee won't be harmed by the waiver or reduction. Good reason isn't just because the conservator had a bond in a previous case.

If the conservatee, who understands the implications, themselves waives the bond requirement, the court may allow a lower bond than usually required.

(a)CA Probate Code § 2321(a) Notwithstanding any other provision of law, the court in a conservatorship proceeding may not waive the filing of a bond or reduce the amount of bond required, without a good cause determination by the court which shall include a determination by the court that the conservatee will not suffer harm as a result of the waiver or reduction of the bond. Good cause may not be established merely by the conservator having filed a bond in another or prior proceeding.
(b)CA Probate Code § 2321(b) In a conservatorship proceeding, where the conservatee, having sufficient capacity to do so, has waived the filing of a bond, the court in its discretion may permit the filing of a bond in an amount less than would otherwise be required under Section 2320.

Section § 2322

Explanation

If someone is appointed as a guardian or conservator responsible only for a person's care (not their finances), they typically don't have to provide a financial guarantee, known as a bond, unless the court specifically asks for it.

One appointed only as guardian of the person or conservator of the person need not file a bond unless required by the court.

Section § 2323

Explanation

This law allows a court to waive the requirement for a bond if it's likely that the estate will meet specific financial conditions throughout its duration. However, if these conditions are not met, the court must then require a bond unless it finds a solid reason not to, referencing another legal section for guidance.

(a)CA Probate Code § 2323(a) The court may dispense with the requirement of a bond if it appears likely that the estate will satisfy the conditions of subdivision (a) of Section 2628 for its duration.
(b)CA Probate Code § 2323(b) If at any time it appears that the estate does not satisfy the conditions of subdivision (a) of Section 2628, the court shall require the filing of a bond unless the court determines that good cause exists, as provided in Section 2321.

Section § 2324

Explanation

If someone nominates a guardian and decides to waive the requirement for the guardian to file a bond (a financial guarantee), then the guardian does not need to submit a bond unless the court decides otherwise.

If the person making the nomination has waived the filing of the bond, a guardian nominated under Section 1500 or 1501 need not file a bond unless required by the court.

Section § 2325

Explanation

This law specifies that for certain nonprofit charitable corporations, the surety (a company that guarantees the obligations under a bond) must be a surety insurer that is officially recognized by the state.

The surety on the bond of a nonprofit charitable corporation described in Section 2104 shall be an admitted surety insurer.

Section § 2326

Explanation

This law states that when two or more people are appointed as joint guardians or conservators, the court can require them to provide a bond. This bond can either be separate bonds for each person, a single joint bond for all, or a mix of both. If they choose a joint bond, then each person is individually responsible (jointly and severally) for the entire bond amount.

(a)CA Probate Code § 2326(a) If joint guardians or conservators are appointed, the court may order that separate bonds or a joint bond or a combination thereof be furnished.
(b)CA Probate Code § 2326(b) If a joint bond is furnished, the liability on the bond is joint and several.

Section § 2327

Explanation

In a conservatorship proceeding, the court usually requires a separate bond for each individual being protected, unless their assets are mixed together, in which case one bond can cover everything. In guardianship cases with multiple wards (people being protected), the court can decide to require separate bonds for each ward, one bond covering multiple wards, or a mix of both options.

(a)CA Probate Code § 2327(a) In a conservatorship proceeding, the court shall order a separate bond for each conservatee, except where the assets of the conservatees are commingled in which case a combined bond that covers all assets may be provided.
(b)CA Probate Code § 2327(b) If a guardianship proceeding involves more than one ward, the court may order separate bonds, or a single bond which is for the benefit of two or more wards in that proceeding, or a combination thereof.

Section § 2328

Explanation

This law discusses how a court may handle the bond amount required for guardians or conservators, particularly when estate property is deposited with a trust company or financial institution. If the estate includes property that won't be withdrawn without court permission, the court can either exclude this property when setting the bond amount or reduce the bond amount to a reasonable level.

Additionally, before a guardian or conservator is officially appointed, they can transfer property or money to a trust company or deposit money in a secured account at a financial institution. If this is done, they must provide the court with a receipt and an agreement stating the property won't be withdrawn without court approval. Institutions holding such deposits are protected as if the depositor were already officially in charge of the estate.

(a)CA Probate Code § 2328(a) In any proceeding to determine the amount of the bond of the guardian or conservator (whether at the time of appointment or subsequently), if the estate includes property which has been or will be deposited with a trust company or financial institution pursuant to Sections 2453 to 2456, inclusive, upon the condition that the property, including any earnings thereon, will not be withdrawn except on authorization of the court, the court, in its discretion, with or without notice, may so order and may do either of the following:
(1)CA Probate Code § 2328(a)(1) Exclude the property deposited in determining the amount of the required bond or reduce the amount of the bond to be required in respect to the property deposited to such an amount as the court determines is reasonable.
(2)CA Probate Code § 2328(a)(2) If a bond has already been furnished or the amount fixed, reduce the amount to such an amount as the court determines is reasonable.
(b)CA Probate Code § 2328(b) The petitioner for letters, or the proposed guardian or conservator in advance of appointment of a guardian or conservator, may do any one or more of the following:
(1)CA Probate Code § 2328(b)(1) Deliver personal property in the person’s possession to a trust company.
(2)CA Probate Code § 2328(b)(2) Deliver money in the person’s possession for deposit in an insured account in a financial institution in this state.
(3)CA Probate Code § 2328(b)(3) Allow a trust company to retain personal property already in its possession.
(4)CA Probate Code § 2328(b)(4) Allow a financial institution in this state to retain money already invested in an insured account in a financial institution.
(c)CA Probate Code § 2328(c) In the cases described in subdivision (b), the petitioner or proposed guardian or conservator shall obtain and file with the court a written receipt including the agreement of the trust company or financial institution that the property deposited, including any earnings thereon, shall not be allowed to be withdrawn except upon authorization of the court.
(d)CA Probate Code § 2328(d) In receiving and retaining property on deposit pursuant to subdivisions (b) and (c), the trust company or financial institution is protected to the same extent as though it received the property on deposit from a person to whom letters had been issued.

Section § 2329

Explanation

If a guardian or conservator wants to lower the amount of a court-required bond, they need to provide a detailed statement about the estate's condition. Normally, the bond amount can't be lowered below a specific level unless there's a good reason. However, the court can still decide to reduce the bond amount, even without notifying others, as allowed under a different section.

(a)CA Probate Code § 2329(a) If a guardian or conservator moves the court for reduction in the amount of the bond, the motion shall include an affidavit setting forth the condition of the estate.
(b)CA Probate Code § 2329(b) Except upon a showing of good cause, the amount of the bond shall not be reduced below the amount determined pursuant to Section 2320.
(c)CA Probate Code § 2329(c) Nothing in this section limits the authority of the court to reduce the amount of the bond with or without notice under Section 2328.

Section § 2330

Explanation

If a guardian or conservator sells property from an estate or takes out a loan secured by a mortgage on estate property, they usually need to provide a higher bond amount as determined by the court. This bond is a form of insurance to protect the estate's assets. The increased bond requirement takes into account money from the sale or loan. If the court requires an additional bond, the sale or loan process cannot be completed until that bond is submitted.

Upon the confirmation of the sale of any real property of the estate, or upon the authorization of the borrowing of money secured by a mortgage or deed of trust on real property of the estate, the guardian or conservator shall furnish an additional bond as is required by the court in order to make the sum of the bonds furnished by the guardian or conservator equal to the amount determined pursuant to Section 2320, taking into account the proceeds of the sale or mortgage or deed of trust, unless the court makes an express finding stating the reason why the bond should not be increased. If a bond or additional bond is required under this section, the order confirming the sale of real property of the estate or authorizing the borrowing of money secured by a mortgage or deed of trust on real property of the estate is not effective and the court shall not file the order until the additional bond is filed.

Section § 2333

Explanation

This section allows a legal action to be filed against the sureties on a bond if the bond's conditions are broken, benefiting the ward, conservatee, or anyone with an interest in the estate. However, such action must start within four years from when the guardian or conservator is either discharged or a removal order becomes final, whichever happens later. Additionally, any action against the sureties must be initiated within six years from when the relevant judgment or order becomes final, whichever is later, despite other provisions.

(a)CA Probate Code § 2333(a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the ward or conservatee or of any person interested in the estate.
(b)CA Probate Code § 2333(b) No action may be maintained against the sureties on the bond unless commenced within four years from the discharge or removal of the guardian or conservator or within four years from the date the order surcharging the guardian or conservator becomes final, whichever is later.
(c)CA Probate Code § 2333(c) In any case, and notwithstanding subdivision (b) of Section 2103, no action may be maintained against the sureties on the bond unless the action commences within six years from the date the judgment under Section 2103 or the later of the orders under subdivision (b) of this section becomes final.

Section § 2334

Explanation

If someone requests that a guardian or conservator be required to post a bond, or challenges the adequacy of an existing bond, alleging that they are not managing an estate properly, the court can temporarily suspend the guardian or conservator's powers until a hearing is held.

Where a petition is filed requesting an order that a guardian or conservator be required to give a bond where no bond was originally required, or an objection is made to the sufficiency of the bond, and the petition or affidavit supporting the objection alleges facts showing that the guardian or conservator is failing to use ordinary care and diligence in the management of the estate, the court, by order, may suspend the powers of the guardian or conservator until the matter can be heard and determined.

Section § 2335

Explanation

If a guardian or conservator wants to replace a surety (a person or entity that guarantees the guardian or conservator's duties), they must file a financial account with their application. The court will not allow the replacement unless this account is approved.

A guardian or conservator who applies for a substitution and release of a surety shall file an account with the application. The court shall not order a substitution unless the account is approved.