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HomeProbate CodeDiv. 4Pt. 1Ch. 5§ 1488 Guardian Nomination Effect

§ 1488 Guardian Nomination Effect

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1488 Guardian Nomination Effect

This law says that if someone wrote and signed a paper before Jan 1, 1981 naming a person to be their guardian later, that paper is also treated as naming that person to be their conservator.

Key Takeaways

  • •Only nominations written before Jan 1, 1981 are covered.
  • •The nomination must be a signed writing, not necessarily a formal will.
  • •The person who signed must have been mentally able to make a clear choice at the time.

Example

In 1978, Jane wrote a signed note saying her brother should be her guardian if she ever needed one. Years later, a court appointed a guardian for Jane. Because of this law, Jane’s note also counts as naming her brother to be her conservator.

The old note works like a double‑vote: it tells the court who should be the guardian and also who should be the conservator, even though Jane didn’t follow the formal will‑making steps.

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

Official Source
View on CA.gov

§ 1488 Guardian Nomination Effect

If before January 1, 1981, an adult has in a signed writing nominated a person to serve as guardian if a guardian is in the future appointed for such adult, such nomination shall be deemed to be a nomination of a conservator. This section applies whether or not the signed writing was executed in the same manner as a witnessed will so long as the person signing the writing had at the time the writing was signed sufficient capacity to form an intelligent preference. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

guardianconservatorsigned writingsufficient capacityintelligent preference

Related Statutes

  • § 1489 Pre-1981 Guardian Appointments
  • § 1490 Guardian Means Conservator
  • § 1204 Fiduciary Notice Waiver Rules
  • § 1210 Service On Guardian Or Conservator
  • § 1455 Petition Authority For Guardians

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1488.
View Official Source