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Section 2111.5 Of Chapter 1. General Provisions From California Probate Code >> Division 4. >> Part 4. >> Chapter 1.
2111.5
. (a) Except as provided in subdivision (b), every court
official or employee who has duties or responsibilities related to
the appointment of a guardian or conservator, or the processing of
any document related to a guardian or conservator, and every person
who is related by blood or marriage to a court official or employee
who has these duties, is prohibited from purchasing, leasing, or
renting any real or personal property from the estate of the ward or
conservatee whom the guardian or conservator represents. For purposes
of this subdivision, a "person related by blood or marriage" means
any of the following:
(1) A person's spouse or domestic partner.
(2) Relatives within the second degree of lineal or collateral consanguinity of a person or a person's spouse.
(b) A person described in subdivision (a) is not prohibited from purchasing real or personal property from the estate of the ward or conservatee whom the guardian or conservator represents where the purchase is made under terms and conditions of a public sale of the property.
(c) A violation of this section shall result in the rescission of the purchase, lease, or rental of the property. Any losses incurred by the estate of the ward or conservatee because the property was sold or leased at less than fair market value shall be deemed as charges against the guardian or conservator under the provisions of Sections 2401.3 and 2401.5. The court shall assess a civil penalty equal to three times the charges against the guardian, conservator, or other person in violation of this section, and may assess punitive damages as it deems proper. If the estate does not incur losses as a result of the violation, the court shall order the guardian, conservator, or other person in violation of this section to pay a fine of up to five thousand dollars ($5,000) for each violation. The fines and penalties provided in this section are in addition to any other rights and remedies provided by law.
(1) A person's spouse or domestic partner.
(2) Relatives within the second degree of lineal or collateral consanguinity of a person or a person's spouse.
(b) A person described in subdivision (a) is not prohibited from purchasing real or personal property from the estate of the ward or conservatee whom the guardian or conservator represents where the purchase is made under terms and conditions of a public sale of the property.
(c) A violation of this section shall result in the rescission of the purchase, lease, or rental of the property. Any losses incurred by the estate of the ward or conservatee because the property was sold or leased at less than fair market value shall be deemed as charges against the guardian or conservator under the provisions of Sections 2401.3 and 2401.5. The court shall assess a civil penalty equal to three times the charges against the guardian, conservator, or other person in violation of this section, and may assess punitive damages as it deems proper. If the estate does not incur losses as a result of the violation, the court shall order the guardian, conservator, or other person in violation of this section to pay a fine of up to five thousand dollars ($5,000) for each violation. The fines and penalties provided in this section are in addition to any other rights and remedies provided by law.
