2005 California Probate Code Sections 3610-3613 Guardianship or Conservatorship

PROBATE CODE
SECTION 3610-3613

3610.  When money or other property is to be paid or delivered for
the benefit of a minor or person with a disability under a
compromise, covenant, order or judgment, and there is no guardianship
of the estate of the minor or conservatorship of the estate of the
person with a disability, the remaining balance of the money and
other property (after payment of all expenses, costs, and fees as
approved and allowed by the court under Section 3601) shall be paid,
delivered, deposited, or invested as provided in this article.
3611.  In any case described in Section 3610, the court making the
order or giving the judgment referred to in Section 3600 shall, upon
application of counsel for the minor or person with a disability,
order any one or more of the following:
   (a) That a guardian of the estate or conservator of the estate be
appointed and that the remaining balance of the money and other
property be paid or delivered to the person so appointed.
   (b) That the remaining balance of any money paid or to be paid be
deposited in an insured account in a financial institution in this
state, or in a single-premium deferred annuity, subject to withdrawal
only upon the authorization of the court, and that the remaining
balance of any other property delivered or to be delivered be held on
conditions the court determines to be in the best interest of the
minor or person with a disability.
   (c) After a hearing by the court, that the remaining balance of
any money and other property be paid to a special needs trust
established under Section 3604 for the benefit of the minor or person
with a disability.  Notice of the time and place of the hearing and
a copy of the petition shall be mailed to the State Director of
Health Services, the Director of Mental Health, and the Director of
Developmental Services at the office of each director in Sacramento
at least 15 days before the hearing.
   (d) If the remaining balance of the money to be paid or delivered
does not exceed twenty thousand dollars ($20,000) , that all or any
part of the money be held on any other conditions the court in its
discretion determines to be in the best interest of the minor or
person with a disability.
   (e) If the remaining balance of the money and other property to be
paid or delivered does not exceed five thousand dollars ($5,000) in
value and is to be paid or delivered for the benefit of a minor, that
all or any part of the money and the other property be paid or
delivered to a parent of the minor, without bond, upon the terms and
under the conditions specified in Article 1 (commencing with Section
3400) of Chapter 2.
   (f) If the remaining balance of the money and other property to be
paid or delivered is to be paid or delivered for the benefit of the
minor, that all or any part of the money and other property be
transferred to a custodian for the benefit of the minor under the
California Uniform Transfers to Minors Act, Part 9 (commencing with
Section 3900).
   (g) That the remaining balance of the money and other property be
paid or delivered to the trustee of a trust which is created by, or
approved of, in the order or judgment referred to in Section 3600.
This trust shall be revocable by the minor upon attaining the age of
18 years, and shall contain other terms and conditions, including,
but not limited to, terms and conditions concerning trustee's
accounts and trustee's bond, as the court determines to be necessary
to protect the minor's interests.
   (h) That the remaining balance of any money paid or to be paid be
deposited with the county treasurer,  if all of the following
conditions are met:
   (1) The county treasurer has been authorized by the county board
of supervisors to handle the deposits.
   (2) The county treasurer shall receive and safely keep all money
deposited with the county treasurer pursuant to this subdivision,
shall pay the money out only upon the order of the court, and shall
credit each estate with the interest earned by the funds deposited
less the county treasurer's actual cost authorized to be recovered
under Section 27013 of the Government Code.
   (3) The county treasurer and sureties on the official bond of the
county treasurer are responsible for the safekeeping and payment of
the money.
   (4) The county treasurer shall ensure that the money deposited is
to earn interest or dividends, or both, at the highest rate which the
county can reasonably obtain as a prudent investor.
   (5) Funds so deposited with the county treasurer shall only be
invested or deposited in compliance with the provisions governing the
investment or deposit of state funds set forth in Chapter 5
(commencing with Section 16640) of Part 2 of Division 4 of Title 2 of
the Government Code, the investment or deposit of county funds set
forth in Chapter 4 (commencing with Section 53600) of Part 1 of
Division 2 of Title 5 of the Government Code, or as authorized under
Chapter 6 (commencing with Section 2400) of Part 4.
   (i) That the remaining balance of the money and other property be
paid or delivered to the person with a disability.
3612.  (a) Notwithstanding any other provision of law and except to
the extent the court orders otherwise, the court making the order
under Section 3611 shall have continuing jurisdiction of the money
and other property paid, delivered, deposited, or invested under this
article until the minor reaches 18 years of age.
   (b) Notwithstanding subdivision (a), the trust of an individual
who meets the definition of a person with a disability under
paragraph (3) of subdivision (b) of Section 3603 and who reaches 18
years of age, shall continue and be under continuing court
jurisdiction until terminated by the court.
3613.  Notwithstanding any other provision of this chapter, a court
may not make an order or give a judgment pursuant to Section 3600,
3601, 3602, 3610, or 3611 with respect to an adult who has the
capacity within the meaning of Section 812 to consent to the order
and who has no conservator of the estate with authority to make that
decision , without the express consent of that  person.



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