Union Bank of California v. Superior Court

Plaintiff and appellant Union Bank of California, N.A. (Union Bank), conservator of the estate of Henry Williams (Williams), filed its 21st accounting and report on the conservatorship in the Los Angeles Superior Court. The trial court approved the accounting and report, but also ruled the conservatorship had ceased to exist upon the repeal of the statute which gave rise to the conservatorship, and that Union Bank was required to file a petition to obtain letters of conservatorship. Union Bank now seeks review of that ruling.

By way of background, the enactment of Probate Code former section 1485 in 1979 caused the then existing adult guardianship of Williams to be deemed a conservatorship? The issue presented is what effect, if any, the 1990 repeal of former section 1485 had on the conservatorship.

We conclude the repeal of former section 1485 did not undo the conservatorship and did not revive the earlier guardianship. Therefore, the trial court’s order must be vacated insofar as it directed Union Bank to file a petition for conservatorship herein.

FACTUAL AND PROCEDURAL BACKGROUND

In 1962, the Superior Court in San Bernardino County issued letters of guardianship,…