Prob. Code, § 2356 · Chapter 5. Powers and Duties of Guardian or Conservator of the Person
Prob. Code, § 2356
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A ward or conservatee shall not be placed in a mental health treatment facility under this division against his or her will. Involuntary civil placement of a ward or conservatee in a mental health treatment facility may be obtained only pursuant to Chapter 2 (commencing with Section 5150) or Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. Nothing in this subdivision precludes the placing of a ward in a state hospital under Section 6000 of the Welfare and Institutions Code upon application of the guardian as provided in that section.
(b) An experimental drug as defined in Section 111515 of the Health and Safety Code shall not be prescribed for or administered to a ward or conservatee under this division. An experimental drug may be prescribed for or administered to a ward or conservatee only as provided in Article 4 (commencing with Section 111515) of Chapter 6 of Part 5 of Division 104 of the Health and Safety Code.
(c) Convulsive treatment as defined in Section 5325 of the Welfare and Institutions Code shall not be performed on a ward or conservatee under this division. Convulsive treatment may be performed on a ward or conservatee only as provided in Article 7 (commencing with Section 5325) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code.
(d) A minor shall not be sterilized under this division.
(e) This chapter is subject to a valid and effective advance health care directive under the Health Care Decisions Law (Division 4.7 (commencing with Section 4600)).
Notes and commentary — not statutory text
History
Amended by Stats. 2015, Ch. 117, Sec. 1. (AB 468) Effective January 1, 2016.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2356.
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
Probate Code
Welfare and Institutions Code
- Welf. & Inst. Code, div. 5, pt. 1, ch. 2Involuntary TreatmentPrinted as Chapter 2 (commencing with Section 5150) … of the Welfare and Institutions Code
- Welf. & Inst. Code, div. 5, pt. 1, ch. 2, art. 7Legal and Civil Rights of Persons Involuntarily DetainedPrinted as Article 7 (commencing with Section 5325) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code
- Welf. & Inst. Code, § 5325Printed as Section 5325 of the Welfare and Institutions Code
- Welf. & Inst. Code, div. 5, pt. 1, ch. 3Conservatorship for Persons with a Grave DisabilityPrinted as Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code
- Welf. & Inst. Code, § 6000Printed as Section 6000 of the Welfare and Institutions Code
Cited by 3 provisions
Provisions in this library whose text cites Prob. Code, § 2356. Each shows the citation as that text prints it.
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