California Probate Code

§ 2351

PROB § 2351 Effective Jan 1, 2016Div. 4 · Part 4 · Ch. 5

Statute text

(a)Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. This control shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by court order. The court may issue an order that specifically grants the conservator the power to enforce the conservatee’s rights to receive visitors, telephone calls, and personal mail, or that directs the conservator to allow those visitors, telephone calls, and personal mail.

(b)Where the court determines that it is appropriate in the circumstances of the particular conservatee, the court, in its discretion, may limit the powers and duties that the conservator would otherwise have under subdivision (a) by an order stating either of the following:

(1)The specific powers that the conservator does not have with respect to the conservatee’s person and reserving the powers so specified to the conservatee.

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Legislative history

Amended by Stats. 2015, Ch. 92, Sec. 2. (AB 1085) Effective January 1, 2016.