Section 12 of 38
Chapter 11: Transfers
11.025 Conservators or Guardians
Chapter 11 Transfers
11.025 Conservators or Guardians (VC §5909)
When the court appoints a conservator or guardian to administer the estate of a minor or an incompetent person, the court issues appointment letters to the conservator/guardian. Proceedings are generally governed by provisions of the California Probate Code. The court regulates and controls the duties performed by the conservator/guardian in this capacity.
A conservator manages the affairs of an individual who lacks the capacity to manage their own affairs. A guardian is responsible for an individual, usually a minor, and manages that individual’s affairs.
- When the conservator or guardian is a Public Administrator, a Deputy Administrator may act on the Public Administrator’s behalf.
- When an individual named in the appointment letters is not identified in the letters as a Public Administrator, that person shall act or that person may grant power of attorney to another individual to act on their behalf.
- When the conservator is a corporation such as a bank, any officer of the corporation may act on behalf of the corporation.
In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the following must be submitted:
- The California Certificate of Title with an endorsement showing the name of the registered owner and countersigned by the conservator or guardian.
Example: John Doe by Jane Smith, Conservator
- The appointment letters certified by the clerk of the court, or a photocopy of the certified copy.
- Use tax or in lieu of tax, a Certificate of Vehicle, Mobilehome, or Commercial Coach Use Tax Clearance (CDTFA 111) form issued by the California Department of Tax and Fee Administration and a Statement of Facts (REG 256) form.