LITIGATION ALERT

By Mary F. Gillick, Esq.^*

I. THE REPEAL OF FORMER PROBATE CODE SECTION 1485 DID NOT REVIVE THE EARLIER STATUTORY SCHEME CONCERNING ADULT GUARDIANSHIP LAWS

In Union Bank of California v. Superior Court of Los Angeles County (2004) 115 Cal.App.4th 484, the Second District Court of Appeal ruled that the repeal of former Probate Code § 1485 did not undo the conservatorship of an adult incompetent and did not revive the earlier guardianship of such adult.

In 1962, American National Bank of San Bernardino, a predecessor of Union Bank, was appointed guardian of the estate of an incompetent adult. In 1979, the Legislature adopted former Probate Code § 1485, which provided that adult guardianships were automatically converted to conservatorships. Following the enactment of former Probate Code § 1485, Union Bank’s predecessor filed conservatorship accountings and reports in the Superior Court in San Bernardino County and received approving orders. In 1990, former Probate Code § 1485 was repealed as part of the general repeal and reenactment of the Probate Code. After the repeal of Probate Code § 1485, the conservator did not alter its conduct and continued to file its conservatorship accountings and reports in the superior court and received orders settling the accounts.