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HomeProbate CodeDiv. 3Pt. 3Ch. 1§ 1301 Appealable Protective Proceeding Orders

§ 1301 Appealable Protective Proceeding Orders

Probate Code·California
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AI SummaryVerified

§ 1301 Appealable Protective Proceeding Orders

This law says you can appeal certain decisions in guardianship, conservatorship, and other protective cases, like giving or taking away a guardianship, letting the guardian move the person out of state, or ordering money for the person.

Key Takeaways

  • •You can appeal if the court gives or takes away a regular guardianship or conservatorship (but not temporary ones).
  • •You can appeal if the court decides whether the guardian can move the person to another state.
  • •You can appeal orders about money for the person's support, education, or anyone who is legally owed money from the person.
  • •You can appeal many other specific petitions and decisions listed in the law, such as those about legal capacity or certain claims.

Example

A guardian asks the court to let the person they care for move to another state, and the court says no.

Because the court's decision about moving the person out of state is one of the orders listed in this law, the guardian can ask a higher court to review (appeal) that decision.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1301 Appealable Protective Proceeding Orders

With respect to guardianships, conservatorships, and other protective proceedings, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking of letters of guardianship or conservatorship, except letters of temporary guardianship or temporary conservatorship. (b) Granting permission to the guardian or conservator to fix the residence of the ward or conservatee at a place not within this state. (c) Directing, authorizing, approving, or modifying payments, whether for support, maintenance, or education of the ward or conservatee or for a person legally entitled to support, maintenance, or education from the ward or conservatee. (d) Granting or denying a petition under Section 2423 or under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4. (e) Affecting the legal capacity of the conservatee pursuant to Chapter 4 (commencing with Section 1870) of Part 3 of Division 4. (f) Adjudicating the merits of a claim under Article 5 (commencing with Section 2500) of Chapter 6 of Part 4 of Division 4. (g) Granting or denying a petition under Chapter 3 (commencing with Section 3100) of Part 6 of Division 4. (Amended by Stats. 2001, Ch. 417, Sec. 5. Effective January 1, 2002.)

Last verified: January 11, 2026

Key Terms

guardianshipsconservatorshipsprotective proceedingsletters of guardianshipletters of conservatorshiptemporary guardianshiptemporary conservatorshiplegal capacitysupportmaintenanceeducation

Related Statutes

  • § 52 Letters Of Authority
  • § 1003 Guardian Ad Litem Appointment
  • § 1517 Guardianship Exemptions
  • § 1456 Conservatorship Guardian Education
  • § 1000 Probate Proceedings Civil Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1301.
View Official Source