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2005 California Probate Code Sections 2650-2655 Article 1. Removal of Guardian or Conservator
PROBATE CODESECTION 2650-2655
2650. A guardian or conservator may be removed for any of the following causes: (a) Failure to use ordinary care and diligence in the management of the estate. (b) Failure to file an inventory or an account within the time allowed by law or by court order. (c) Continued failure to perform duties or incapacity to perform duties suitably. (d) Conviction of a felony, whether before or after appointment as guardian or conservator. (e) Gross immorality. (f) Having such an interest adverse to the faithful performance of duties that there is an unreasonable risk that the guardian or conservator will fail faithfully to perform duties. (g) In the case of a guardian of the person or a conservator of the person, acting in violation of any provision of Section 2356. (h) In the case of a guardian of the estate or a conservator of the estate, insolvency or bankruptcy of the guardian or conservator. (i) In any other case in which the court in its discretion determines that removal is in the best interests of the ward or conservatee; but, in considering the best interests of the ward, if the guardian was nominated under Section 1500 or 1501, the court shall take that fact into consideration. 2651. The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any interested person may apply by petition to the court to have the guardian or conservator removed. The petition shall state facts showing cause for removal. 2652. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. 2653. (a) The guardian or conservator, the ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, and any interested person may appear at the hearing and support or oppose the petition. (b) If the court determines that cause for removal of the guardian or conservator exists, the court may remove the guardian or conservator, revoke the letters of guardianship or conservatorship, and enter judgment accordingly and, in the case of a guardianship or conservatorship of the estate, order the guardian or conservator to file an account and to surrender the estate to the person legally entitled thereto. If the guardian or conservator fails to file the account as ordered, the court may compel the account pursuant to Section 2629. 2654. Whenever it appears that the ward or conservatee or the estate may suffer loss or injury during the time required for notice and hearing under this article, the court, on its own motion or on petition, may do either or both of the following: (a) Suspend the powers of the guardian or conservator pending notice and hearing to such extent as the court deems necessary. (b) Compel the guardian or conservator to surrender the estate to a custodian designated by the court. 2655. (a) A guardian or conservator may be removed from office if the guardian or conservator is found in contempt for disobeying an order of the court. (b) Notwithstanding any other provision of this article, a guardian or conservator may be removed from office under subdivision (a) by a court order reciting the facts and without further showing or notice.
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