California Probate Code

§ 2469

PROB § 2469 Effective Jan 1, 2024Div. 4 · Part 4 · Ch. 6 · Art. 4

Statute text

(a)Commencing January 1, 2024, when a professional fiduciary becomes incapacitated and a vacancy exists, the incapacitated fiduciary’s conservator, agent under a power of attorney for asset management, trustee, or interested person may petition for the appointment of one or more individuals qualified to act as a professional fiduciary under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code) as a professional fiduciary practice administrator to take control of the incapacitated professional fiduciary’s files and to be appointed as temporary successor as to those matters for which a vacancy exists as a result of the professional fiduciary’s incapacity.

(b)The petition shall request an order appointing a professional fiduciary practice administrator as temporary successor, with all of the powers and duties held by the incapacitated fiduciary, in each matter in which the incapacitated fiduciary was acting in a representative capacity, including guardianships of the estate, conservatorships of the person and the estate, decedent’s estates, court-supervised trusts, and non-court-supervised trusts.

(c)The court shall require the professional fiduciary practice administrator to file a surety bond in each matter in which the professional fiduciary practice administrator is appointed temporary successor, in the amount currently required of the incapacitated fiduciary or in another amount as the court deems appropriate.

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Legislative history

Amended by Stats. 2023, Ch. 478, Sec. 58. (AB 1756) Effective January 1, 2024.