2005 California Probate Code Sections 4540-4545 CHAPTER 3. PETITIONS, ORDERS, APPEALSPROBATE CODE
4540. Subject to Section 4503, a petition may be filed under this part by any of the following persons: (a) The attorney-in-fact. (b) The principal. (c) The spouse of the principal. (d) A relative of the principal. (e) The conservator of the person or estate of the principal. (f) The court investigator, described in Section 1454, of the county where the power of attorney was executed or where the principal resides. (g) The public guardian of the county where the power of attorney was executed or where the principal resides. (h) The personal representative or trustee of the principal's estate. (i) The principal's successor in interest. (j) A person who is requested in writing by an attorney-in-fact to take action. (k) Any other interested person or friend of the principal. 4541. A petition may be filed under this part for any one or more of the following purposes: (a) Determining whether the power of attorney is in effect or has terminated. (b) Passing on the acts or proposed acts of the attorney-in-fact, including approval of authority to disobey the principal's instructions pursuant to subdivision (b) of Section 4234. (c) Compelling the attorney-in-fact to submit the attorney-in-fact' s accounts or report the attorney-in-fact's acts as attorney-in-fact to the principal, the spouse of the principal, the conservator of the person or the estate of the principal, or to any other person required by the court in its discretion, if the attorney-in-fact has failed to submit an accounting or report within 60 days after written request from the person filing the petition. (d) Declaring that the authority of the attorney-in-fact is revoked on a determination by the court of all of the following: (1) The attorney-in-fact has violated or is unfit to perform the fiduciary duties under the power of attorney. (2) At the time of the determination by the court, the principal lacks the capacity to give or to revoke a power of attorney. (3) The revocation of the attorney-in-fact's authority is in the best interest of the principal or the principal's estate. (e) Approving the resignation of the attorney-in-fact: (1) If the attorney-in-fact is subject to a duty to act under Section 4230, the court may approve the resignation, subject to any orders the court determines are necessary to protect the principal's interests. (2) If the attorney-in-fact is not subject to a duty to act under Section 4230, the court shall approve the resignation, subject to the court's discretion to require the attorney-in-fact to give notice to other interested persons. (f) Compelling a third person to honor the authority of an attorney-in-fact. 4542. A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of the petition, and, if known to the petitioner, the terms of the power of attorney. 4543. The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the principal or the principal's estate and shall stay or dismiss the proceeding in whole or in part when required by Section 410.30 of the Code of Civil Procedure. 4544. (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing, together with a copy of the petition, on the following: (1) The attorney-in-fact if not the petitioner. (2) The principal if not the petitioner. (b) In the case of a petition to compel a third person to honor the authority of an attorney-in-fact, notice of the time and place of the hearing, together with a copy of the petition, shall be served on the third person in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. 4545. In a proceeding under this part commenced by the filing of a petition by a person other than the attorney-in-fact, the court may in its discretion award reasonable attorney's fees to one of the following: (a) The attorney-in-fact, if the court determines that the proceeding was commenced without any reasonable cause. (b) The person commencing the proceeding, if the court determines that the attorney-in-fact has clearly violated the fiduciary duties under the power of attorney or has failed without any reasonable cause or justification to submit accounts or report acts to the principal or conservator of the estate or of the person, as the case may be, after written request from the principal or conservator.
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