Article 11 - Independent Exercise of Powers

California Probate Code — §§ 2590-2595

Sections (7)

Amended by Stats. 2007, Ch. 553, Sec. 18. Effective January 1, 2008.

(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

Amended by Stats. 2022, Ch. 91, Sec. 5. (SB 1005) Effective January 1, 2023.

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, 2540, 2541, and 2541.5.

(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. The power granted pursuant to this subdivision is subject to the requirements of Sections 2352.5, 2540, 2541, and 2541.5.

(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

Amended by Stats. 2019, Ch. 847, Sec. 5. (SB 303) Effective January 1, 2020.

(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, the commissions to be paid from the estate, estimated capital gains income and tax consequences, and impact on access to governmental benefits, 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.

§ 2592

Enacted by Stats. 1990, Ch. 79.

(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

Enacted by Stats. 1990, Ch. 79.

(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

Enacted by Stats. 1990, Ch. 79.

(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

Enacted by Stats. 1990, Ch. 79.

(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.