AB 2090

Introduced by Assembly Member Macedo
 An act to amend Section 2628 of the Probate Code, relating to guardianships and conservatorships.
guardianships and conservatorships
Guardianships and conservatorships: accounting exemptions.
Existing law governs the establishment of conservatorships and guardianships. Existing law requires guardians and conservators to file inventories and accountings of estates with the court. Existing law authorizes the court to make an order that a guardian or conservator is exempt from making that accounting if certain conditions are satisfied, including, among others, that the estate at the beginning and end of the accounting period, exclusive of the residence of the ward or conservatee, consisted of a total net value of less than $15,000, and that the income of the estate for each month of the accounting period, exclusive of public benefits payments, was less than $2,000.
This bill would expand the authority of the court to make that exemption if the total net value of the estate, exclusive of the residence of the ward or conservatee, is less than $30,000, and if the monthly income of the estate, exclusive of public
		benefit payments, is less than $3,200, subject to the other statutory conditions being met.
The people of the State of California do enact as follows:
SECTION 1.
Section 2628 of the
Probate Code
 is amended to read:
2628.
(a) The court may make an order that the guardian or conservator need not present the accounts otherwise required by this chapter so long as all of the following conditions are satisfied:
(1) The estate at the beginning and end of the accounting period for which an account is otherwise required consisted of property, exclusive of the residence of the ward or conservatee, of a total net value of less than thirty thousand dollars ($30,000).
(2) The income of the estate for each month of the accounting period, exclusive of public benefit payments, was less than
				  three thousand two hundred dollars ($3,200).
(3) All income of the estate during the accounting period, if not retained, was spent for the benefit of the ward or conservatee.
(b) Notwithstanding that the court has made an order under subdivision (a), the ward or conservatee or any interested person may petition the court for an order requiring the guardian or conservator to present an account as otherwise required by this chapter or the court on its own motion may make that an order. An order under this subdivision may be made ex parte or on such notice of hearing as the court in its discretion requires.
(c) For any accounting period during which all of the conditions of subdivision (a) are not satisfied, the guardian or conservator shall present the account as otherwise required by this chapter.