§ 2583. — 2583. (Amended by Stats. 2011, Ch. 308, Sec. 10.)

California § 2583.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 4.: DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
• Part 4.: PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP
• Ch. 6.: CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate
• Art. 10.: ARTICLE 10. Substituted Judgment

Text

In determining whether to authorize or require a proposed action under this article, the court shall take into consideration all the relevant circumstances, which may include, but are not limited to, the following:
(a)
Whether the conservatee has legal capacity for the proposed transaction and, if not, the probability of the conservatee’s recovery of legal capacity.
(b)
The past donative declarations, practices, and conduct of the conservatee.
(c)
The traits of the conservatee.
(d)
The relationship and intimacy of the prospective donees with the
conservatee, their standards of living, and the extent to which they would be natural objects of the conservatee’s bounty by any objective test based on such relationship, intimacy, and standards of living.
(e)
The wishes of the conservatee.
(f)
Any known estate plan of the conservatee (including, but not limited to, the conservatee’s will, any trust of which the conservatee is the settlor or beneficiary, any power of appointment created by or exercisable by the conservatee, and any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the conservatee’s death to another or others which the conservatee may have originated).
(g)
The manner in which the estate would devolve upon the conservatee’s death, giving consideration to the age and the mental and
physical condition of the conservatee, the prospective devisees or heirs of the conservatee, and the prospective donees.
(h)
The value, liquidity, and productiveness of the estate.
(i)
The minimization of current or prospective income, estate, inheritance, or other taxes or expenses of administration.
(j)
Changes of tax laws and other laws which would likely have motivated the conservatee to alter the conservatee’s estate plan.
(k)
The likelihood from all the circumstances that the conservatee as a reasonably prudent person would take the proposed action if the conservatee had the capacity to do so.
(l)
Whether any beneficiary is the spouse or domestic partner of the conservatee.
(m)
Whether a beneficiary has committed physical abuse, neglect, false imprisonment, or financial abuse against the conservatee after the conservatee was substantially unable to manage his or her financial resources, or resist fraud or undue influence, and the conservatee’s disability persisted throughout the time of the hearing on the proposed substituted judgment.

Legislative History

Amended by Stats. 2011, Ch. 308, Sec. 10. (SB 647) Effective January 1, 2012.