Section 2359 Of Chapter 5. Powers And Duties Of Guardian Or Conservator Of The Person From California Probate Code >> Division 4. >> Part 4. >> Chapter 5.
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. (a) Upon petition of the guardian or conservator or ward or
conservatee or other interested person, the court may authorize and
instruct the guardian or conservator or approve and confirm the acts
of the guardian or conservator.
(b) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
(c) (1) When a guardian or conservator petitions for the approval
of a purchase, lease, or rental of real or personal property from the
estate of a ward or conservatee, the guardian or conservator shall
provide a statement disclosing the family or affiliate relationship
between the guardian and conservator and the purchaser, lessee, or
renter of the property, and the family or affiliate relationship
between the guardian or conservator and any agent hired by the
guardian or conservator.
(2) For the purposes of this subdivision, "family" means a person'
s spouse, domestic partner, or relatives within the second degree of
lineal or collateral consanguinity of a person or a person's spouse.
For the purposes of this subdivision, "affiliate" means an entity
that is under the direct control, indirect control, or common control
of the guardian or conservator.
(3) 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.