SECTIONS 2590-2595 - California Statutes

PROBATE CODE

SECTION 2590-2595

2590. (a) The court may, in its discretion, make an order granting
the guardian or conservator any one or more or all of the powers
specified in Section 2591 if the court determines that, under the
circumstances of the particular guardianship or conservatorship, it
would be to the advantage, benefit, and best interest of the estate
to do so. Subject only to the requirements, conditions, or
limitations as are specifically and expressly provided, either
directly or by reference, in the order granting the power or powers,
and if consistent with Section 2591, the guardian or conservator may
exercise the granted power or powers without notice, hearing, or
court authorization, instructions, approval, or confirmation in the
same manner as the ward or conservatee could do if possessed of legal
capacity.
(b) The guardian or conservator does not have a power specified in
Section 2591 without authorization by a court under this article or
other express provisions of this code.

2591. The powers referred to in Section 2590 are:
(a) The power to operate, for a period longer than 45 days, at the
risk of the estate a business, farm, or enterprise constituting an
asset of the estate.
(b) The power to grant and take options.
(c) (1) The power to sell at public or private sale real or
personal property of the estate without confirmation of the court of
the sale, other than the personal residence of a conservatee.
(2) The power to sell at public or private sale the personal
residence of the conservatee as described in Section 2591.5 without
confirmation of the court of the sale. The power granted pursuant to
this paragraph is subject to the requirements of Sections 2352.5 and
2541.
(3) For purposes of this subdivision, authority to sell property
includes authority to contract for the sale and fulfill the terms and
conditions of the contract, including conveyance of the property.
(d) The power to create by grant or otherwise easements and
servitudes.
(e) The power to borrow money.
(f) The power to give security for the repayment of a loan.
(g) The power to purchase real or personal property.
(h) The power to alter, improve, raze, replace, and rebuild
property of the estate.
(i) The power to let or lease property of the estate, or extend,
renew, or modify a lease of real property, for which the monthly
rental or lease term exceeds the maximum specified in Sections 2501
and 2555 for any purpose (including exploration for and removal of
gas, oil, and other minerals and natural resources) and for any
period, including a term commencing at a future time.
(j) The power to lend money on adequate security.
(k) The power to exchange property of the estate.
(l) The power to sell property of the estate on credit if any
unpaid portion of the selling price is adequately secured.
(m) The power to commence and maintain an action for partition.
(n) The power to exercise stock rights and stock options.
(o) The power to participate in and become subject to and to
consent to the provisions of a voting trust and of a reorganization,
consolidation, merger, dissolution, liquidation, or other
modification or adjustment affecting estate property.
(p) The power to pay, collect, compromise, or otherwise adjust
claims, debts, or demands upon the guardianship or conservatorship
described in subdivision (a) of Section 2501, Section 2502 or 2504,
or to arbitrate any dispute described in Section 2406.

2591.5. (a) Notwithstanding any other provisions of this article, a
conservator seeking an order under Section 2590 authorizing a sale
of the conservatee's personal residence shall demonstrate to the
court that the terms of sale, including the price for which the
property is to be sold and the commissions to be paid from the
estate, are in all respects in the best interests of the conservatee.
(b) A conservator authorized to sell the conservatee's personal
residence pursuant to Section 2590 shall comply with the provisions
of Section 10309 concerning appraisal or new appraisal of the
property for sale and sale at a minimum offer price. Notwithstanding
Section 10309, if the last appraisal of the conservatee's personal
residence was conducted more than six months prior to the proposed
sale of the property, a new appraisal shall be required prior to the
sale of the property, unless the court finds that it is in the best
interests of the conservatee to rely on an appraisal of the personal
residence that was conducted not more than one year prior to the
proposed sale of the property. For purposes of this section, the date
of sale is the date of the contract for sale of the property.
(c) Within 15 days of the close of escrow, the conservator shall
serve a copy of the final escrow settlement statement on all persons
entitled to notice of the petition for appointment for a conservator
and all persons who have filed and served a request for special
notice and shall file a copy of the final escrow statement along with
a proof of service with the court.
(d) The court may, for good cause, waive any of the requirements
of this section.

2592. (a) The guardian or conservator may apply by petition for an
order under Section 2590.
(b) The application for the order may be included in the petition
for the appointment of the guardian or conservator. In such case, the
notice of hearing on the petition shall include a statement that the
petition includes an application for the grant of one or more powers
under this article and shall list the specific power or powers
applied for.
(c) If the application for the order is made by petition filed
after the filing of the petition for the appointment of the guardian
or conservator, notice of the hearing on the petition shall be given
for the period and in the manner provided in Chapter 3 (commencing
with Section 1460) of Part 1.

2593. (a) The court, on its own motion or on petition of any
interested person, when it appears to be for the best interests of
the ward or conservatee or the estate, may withdraw any or all of the
powers previously granted pursuant to this article or may impose
restrictions, conditions, and limitations on the exercise of such
powers by the guardian or conservator.
(b) Notice of the hearing on a petition under this section shall
be given for the period and in the manner provided in Chapter 3
(commencing with Section 1460) of Part 1.

2594. (a) When a power or powers are granted pursuant to this
article, the letters of guardianship or conservatorship shall state
the power or powers so granted and the restrictions, conditions, or
limitations, if any, prescribed in the order and shall refer to this
article.
(b) When a power or powers are granted by a subsequent order, new
letters shall be issued in the form described in subdivision (a).
(c) If the powers are withdrawn, or if the powers are restricted,
conditioned, or limited by a subsequent order after they are granted,
new letters shall be issued accordingly.

2595. (a) The grant of a power or powers pursuant to this article
does not affect the right of the guardian or conservator to petition
the court as provided in Section 2403 or to petition the court under
other provisions of this code, as to a particular transaction or
matter, in the same manner as if the power or powers had not been
granted pursuant to this article.
(b) Where authority exists under other provisions of law, either
general or specific, for the guardian or conservator to do any act or
to enter into any transaction described in Section 2591, the
guardian or conservator may proceed under such other provisions of
law and is not required to obtain authority under this article.