California Legal Codes and Statutes

Article 4 - Estate Management Powers Generally

California Probate Code — §§ 2450-2469

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Sections (22)

§ 2450

Enacted by Stats. 1990, Ch. 79.

(a)Unless this article specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this article may be exercised or performed by the guardian or conservator without court authorization, instruction, approval, or confirmation. Nothing in this subdivision precludes the guardian or conservator from seeking court authorization, instructions, approval, or confirmation pursuant to Section 2403.
(b)Upon petition of the ward or conservatee, a creditor, or any other interested person, or upon the court’s own motion, the court may limit the authority of the guardian or conservator under subdivision (a) as to a particular power or duty or as to particular powers or duties. Notice of the hearing on a petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
§ 2451

Enacted by Stats. 1990, Ch. 79.

The guardian or conservator may collect debts and benefits due to the ward or conservatee and the estate.

§ 2451.5

Added by Stats. 2007, Ch. 553, Sec. 16. Effective January 1, 2008.

The guardian or conservator may do any of the following:

(a)Contract for the guardianship or conservatorship, perform outstanding contracts, and, thereby, bind the estate.
(b)Purchase tangible personal property.
(c)Subject to the provisions of Chapter 8 (commencing with Section 2640), employ an attorney to advise and represent the guardian or conservator in all matters, including the conservatorship proceeding and all other actions or proceedings.
(d)Employ and pay the expense of accountants, investment advisers, agents, depositaries, and employees.
(e)Operate for a period of 45 days after the issuance of the letters of guardianship or conservatorship, at the risk of the estate, a business, farm, or enterprise constituting an asset of the estate.
§ 2452

Enacted by Stats. 1990, Ch. 79.

(a)The guardian or conservator may endorse and cash or deposit any checks, warrants, or drafts payable to the ward or conservatee which constitute property of the estate.
(b)If it appears likely that the estate will satisfy the conditions of subdivision (b) of Section 2628, the court may order that the guardian or conservator be the designated payee for public assistance payments received pursuant to Part 3 (commencing with Section 11000) or Part 4 (commencing with Section 16000) of Division 9 of the Welfare and Institutions Code.
§ 2453

Enacted by Stats. 1990, Ch. 79.

The guardian or conservator may deposit money belonging to the estate in an insured account in a financial institution in this state. Unless otherwise provided by court order, the money deposited under this section may be withdrawn without order of court.

§ 2453.5

Enacted by Stats. 1990, Ch. 79.

(a)Subject to subdivision (b), where a trust company is a guardian or conservator and in the exercise of reasonable judgment deposits money of the estate in an account in any department of the corporation or association of which it is a part, it is chargeable with interest thereon at the rate of interest prevailing among banks of the locality on such deposits.
(b)Where it is to the advantage of the estate, the amount of cash that is reasonably necessary for orderly administration of the estate may be deposited in a checking account that does not bear interest which is maintained in a department of the corporation or association of which the trust company is a party.
§ 2454

Enacted by Stats. 1990, Ch. 79.

The guardian or conservator may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the personal property may be withdrawn without order of court.

§ 2455

Enacted by Stats. 1990, Ch. 79.

(a)A trust company serving as guardian or conservator may deposit securities that constitute all or part of the estate in a securities depository as provided in Section 775 of the Financial Code.
(b)If the securities have been deposited with a trust company pursuant to Section 2328 or Section 2454, the trust company may deposit the securities in a securities depository as provided in Section 775 of the Financial Code.
(c)The securities depository may hold securities deposited with it in the manner authorized by Section 775 of the Financial Code.
§ 2456

Enacted by Stats. 1990, Ch. 79.

(a)Upon application of the guardian or conservator, the court may, with or without notice, order that money or other personal property be deposited pursuant to Section 2453 or 2454, and be subject to withdrawal only upon authorization of the court.
(b)The guardian or conservator shall deliver a copy of the court order to the financial institution or trust company at the time the deposit is made.
(c)No financial institution or trust company accepting a deposit pursuant to Section 2453 or 2454 is on notice of the existence of an order that the money or other property is subject to withdrawal only upon authorization of the court unless it has actual notice of the order.
§ 2457

Enacted by Stats. 1990, Ch. 79.

The guardian or conservator may maintain in good condition and repair the home or other dwelling of either or both of the following:

(a)The ward or conservatee.
(b)The persons legally entitled to such maintenance and repair from the ward or conservatee.
§ 2458

Enacted by Stats. 1990, Ch. 79.

With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other property held in the estate, a guardian or conservator may do any one or more of the following:

(a)Vote in person, and give proxies to exercise, any voting rights with respect to the share, membership, or other property.
(b)Waive notice of a meeting or give consent to the holding of a meeting.
(c)Authorize, ratify, approve, or confirm any action which could be taken by shareholders, members, or property owners.
§ 2459

Amended by Stats. 1996, Ch. 86, Sec. 1. Effective January 1, 1997.

(a)The guardian or conservator may obtain, continue, renew, modify, terminate, or otherwise deal in any of the following for the purpose of providing protection to the ward or conservatee or a person legally entitled to support from the ward or conservatee:
(1)Medical, hospital, and other health care policies, plans, or benefits.
(2)Disability policies, plans, or benefits.
(b)The conservator may continue in force any of the following in which the conservatee, or a person legally entitled to support, maintenance, or education from the conservatee, has or will have an interest:
(1)Life insurance policies, plans, or benefits.
(2)Annuity policies, plans, or benefits.
(3)Mutual fund and other dividend reinvestment plans.
(4)Retirement, profit-sharing, and employee welfare plans or benefits.
(c)The right to elect benefit or payment options, to terminate, to change beneficiaries or ownership, to assign rights, to borrow, or to receive cash value in return for a surrender of rights, or to take similar actions under any of the policies, plans, or benefits described in subdivision (b) may be exercised by the conservator only after authorization or direction by order of the court, except as permitted in Section 2544.5. To obtain such an order, the conservator or other interested person shall petition under Article 10 (commencing with Section 2580).
(d)Notwithstanding subdivision (c), unless the court otherwise orders, the conservator without authorization of the court may borrow on the loan value of an insurance policy to pay the current premiums to keep the policy in force if the conservatee followed that practice prior to the establishment of the conservatorship.
(e)The guardian may give the consent provided in Section 10112 of the Insurance Code without authorization of the court, but the guardian may use funds of the guardianship estate to effect or maintain in force a contract entered into by the ward under Section 10112 of the Insurance Code only after authorization by order of the court. To obtain such an order, the guardian, the ward, or any other interested person shall file a petition showing that it is in the best interest of the ward or of the guardianship estate to do so. 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.
(f)Nothing in this section limits the power of the guardian or conservator to make investments as otherwise authorized by this division.
§ 2460

Enacted by Stats. 1990, Ch. 79.

The guardian or conservator may insure:

(a)Property of the estate against loss or damage.
(b)The ward or conservatee, the guardian or conservator, and all or any part of the estate against liability to third persons.
§ 2461

Enacted by Stats. 1990, Ch. 79.

(a)The guardian or conservator may prepare, execute, and file tax returns for the ward or conservatee and for the estate and may exercise options and elections and claim exemptions for the ward or conservatee and for the estate under the applicable tax laws.
(b)Notwithstanding Section 2502, the guardian or conservator may pay, contest, and compromise taxes, penalties, and assessments upon the property of the estate and income and other taxes payable or claimed to be payable by the ward or conservatee or the estate.
§ 2462

Enacted by Stats. 1990, Ch. 79.

Subject to Section 2463, unless another person is appointed for that purpose, the guardian or conservator may:

(a)Commence and maintain actions and proceedings for the benefit of the ward or conservatee or the estate.
(b)Defend actions and proceedings against the ward or conservatee, the guardian or conservator, or the estate.
(c)File a petition commencing a case under Title 11 of the United States Code (Bankruptcy) on behalf of the ward or conservatee.
§ 2463

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

(a)The guardian or conservator may bring an action against the other cotenants for partition of any property in which the ward or conservatee has an undivided interest if the court has first made an order authorizing the guardian or conservator to do so. The court may make the order ex parte on a petition filed by the guardian or conservator.
(b)The guardian or conservator may consent and agree, without an action, to a partition of the property and to the part to be set off to the estate, and may execute deeds or conveyances to the owners of the remaining interests of the parts to which they may be respectively entitled, if the court has made an order

under Article 5 (commencing with Section 2500) authorizing the guardian or conservator to do so.

(c)If the ward or conservatee, or the guardian or conservator in that capacity, is made a defendant in a partition action, the guardian or conservator may defend the action without authorization of the court.
(d)If the subject property is the conservatee’s present or former personal residence, the powers granted pursuant to subdivisions (a) and (b) of this section are subject to the requirements of Sections 2352.5, 2540, 2541, and 2541.5, which govern the sale and partition of a conservatee’s personal residence.
§ 2464

Enacted by Stats. 1990, Ch. 79.

(a)If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust, the guardian or conservator may, after authorization by order of the court and upon such terms and conditions as may be imposed by the court, accept a deed conveying the property to the ward or conservatee.
(b)To obtain an order under this section, the guardian or conservator shall file a petition showing the advantage to the estate of accepting the deed. 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.
(c)The court shall make an order under this section only if the advantage to the estate of accepting the deed is shown by clear and convincing evidence.
§ 2465

Enacted by Stats. 1990, Ch. 79.

The guardian or conservator may dispose of or abandon valueless property.

§ 2466

Enacted by Stats. 1990, Ch. 79.

The guardian or conservator may advance the guardian’s or conservator’s own funds for the benefit of the ward or conservatee or the estate and may reimburse the advance out of the income and principal of the estate first available. With court authorization or approval, interest on the amount advanced may be allowed at the legal rate payable on judgments.

§ 2467

Enacted by Stats. 1990, Ch. 79.

(a)The guardian or conservator continues to have the duty of custody and conservation of the estate after the death of the ward or conservatee pending the delivery thereof to the personal representative of the ward’s or conservatee’s estate or other disposition according to law.
(b)The guardian or conservator has such powers as are granted to a guardian or conservator under this division as are necessary for the performance of the duty imposed by subdivision (a).
§ 2468

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§ 2469

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