Section 2320 Of Article 3. Bonds Of Guardians And Conservators From California Probate Code >> Division 4. >> Part 4. >> Chapter 4. >> Article 3.
2320
. (a) Except as otherwise provided by statute, every person
appointed as guardian or conservator shall, before letters are
issued, give a bond approved by the court.
(b) The bond shall be for the benefit of the ward or conservatee
and all persons interested in the guardianship or conservatorship
estate and shall be conditioned upon the faithful execution of the
duties of the office, according to law, by the guardian or
conservator.
(c) Except as otherwise provided by statute, unless the court
increases or decreases the amount upon a showing of good cause, the
amount of a bond given by an admitted surety insurer shall be the sum
of all of the following:
(1) The value of the personal property of the estate.
(2) The probable annual gross income of all of the property of the
estate.
(3) The sum of the probable annual gross payments from the
following:
(A) Part 3 (commencing with Section 11000) of, Part 4 (commencing
with Section 16000) of, or Part 5 (commencing with Section 17000) of,
Division 9 of the Welfare and Institutions Code.
(B) Subchapter II (commencing with Section 401) of, or Part A of
Subchapter XVI (commencing with Section 1382) of, Chapter 7 of Title
42 of the United States Code.
(C) Any other public entitlements of the ward or conservatee.
(4) On or after January 1, 2008, a reasonable amount for the cost
of recovery to collect on the bond, including attorney's fees and
costs. The attorney's fees and costs incurred in a successful action
for surcharge against a conservator or guardian for breach of his or
her duty under this code shall be a surcharge against the conservator
or guardian and, if unpaid, shall be recovered against the surety on
the bond. The Judicial Council shall, on or before January 1, 2008,
adopt a rule of court to implement this paragraph.
(d) If the bond is given by personal sureties, the amount of the
bond shall be twice the amount required for a bond given by an
admitted surety insurer.
(e) The Bond and Undertaking Law (Chapter 2 (commencing with
Section 995.010) of Title 14 of Part 2 of the Code of Civil
Procedure) applies to a bond given under this article, except to the
extent inconsistent with this article.