reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 2 - Support and Maintenance of Ward or Conservatee and Dependents › Section 2420.

2420. (a) Subject to Section 2422, the guardian or conservator shall apply the income from the estate, so far as necessary, to the comfortable and suitable support, maintenance, and education of the ward or conservatee (including care, treatment, and support of a ward or conservatee who is a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services) and of those legally entitled to support, maintenance, or education from the ward or conservatee, taking into account the value of the estate and the condition of life of the persons required to be furnished such support, maintenance, or education.
(b) If the income from the estate is insufficient for the purpose described in subdivision (a), the guardian or conservator may sell or give a security interest in or other lien on any personal property of the estate, or sell or mortgage or give a deed of trust on any real property of the estate, as provided in this part.
(c) When the amount paid by the guardian or conservator for the purpose described in subdivision (a) satisfies the standard set out in that subdivision, and the payments are supported by proper vouchers or other proof satisfactory to the court, the guardian or conservator shall be allowed credit for such payments when the accounts of the guardian or conservator are settled.
(d) Nothing in this section requires the guardian or conservator to obtain court authorization before making the payments authorized by this section, but nothing in this section dispenses with the need to obtain any court authorization otherwise required for a particular transaction.
(e) Nothing in this section precludes the guardian or conservator from seeking court authorization or instructions or approval and confirmation pursuant to Section 2403.
(Amended by Stats. 2012, Ch. 440, Sec. 44. (AB 1488) Effective September 22, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 2 - Support and Maintenance of Ward or Conservatee and Dependents › Section 2421.

2421. (a) Upon petition of the guardian or conservator or the ward or conservatee, the court may authorize the guardian or conservator to pay to the ward or conservatee out of the estate a reasonable allowance for the personal use of the ward or conservatee. The allowance shall be in such amount as the court may determine to be for the best interests of the ward or conservatee.
(b) 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 guardian or conservator is not required to account for such allowance other than to establish that it has been paid to the ward or conservatee. The funds so paid are subject to the sole control of the ward or conservatee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 2 - Support and Maintenance of Ward or Conservatee and Dependents › Section 2422.

2422. (a) Upon petition of the guardian or conservator, the ward or conservatee, or any other interested person, the court may for good cause order the ward or conservatee to be wholly or partially supported, maintained, or educated out of the estate notwithstanding the existence of a third party legally obligated to provide such support, maintenance, or education. Such order may be made for a limited period of time. If not so limited, it continues in effect until modified or revoked.
(b) 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 2 - Support and Maintenance of Ward or Conservatee and Dependents › Section 2423.

2423. (a) Upon petition of the conservator, the conservatee, the spouse or domestic partner of the conservatee, or a relative within the second degree of the conservatee, the court may by order authorize or direct the conservator to pay and distribute surplus income of the estate or any part of the surplus income (not used for the support, maintenance, and education of the conservatee and of those legally entitled to support, maintenance, or education from the conservatee) to the spouse or domestic partner of the conservatee and to relatives within the second degree of the conservatee whom the conservatee would, in the judgment of the court, have aided but for the existence of the conservatorship. The court in ordering payments under this section may impose conditions if the court determines that the conservatee would have imposed the conditions if the conservatee had the capacity to act.
(b) The granting of the order and the amounts and proportions of the payments are discretionary with the court, but the court shall consider all of the following:
(1) The amount of surplus income available after adequate provision has been made for the comfortable and suitable support, maintenance, and education of the conservatee and of those legally entitled to support, maintenance, or education from the conservatee.
(2) The circumstances and condition of life to which the conservatee and the spouse or domestic partner and relatives have been accustomed.
(3) The amount that the conservatee would in the judgment of the court have allowed the spouse or domestic partner and relatives but for the existence of the conservatorship.
(c) 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.
(Amended by Stats. 2001, Ch. 893, Sec. 34. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 3 - Payment of Debts and Expenses › Section 2430.

2430. (a) Subject to subdivisions (b) and (c), the guardian or conservator shall pay the following from any principal and income of the estate:
(1) The debts incurred by the ward or conservatee before creation of the guardianship or conservatorship, giving priority to the debts described in Section 2431 to the extent required by that section.
(2) The debts incurred by the ward or conservatee during the guardianship or conservatorship to provide the necessaries of life to the ward or conservatee, and to the spouse and minor children of the ward or conservatee, to the extent the debt is reasonable. Also, the debts reasonably incurred by the conservatee during the conservatorship to provide the basic living expenses, as defined in Section 297 of the Family Code, to the domestic partner of the conservatee. The guardian or conservator may deduct the amount of any payments for these debts from any allowance otherwise payable to the ward or conservatee.
(3) In the case of a conservatorship, any other debt incurred by the conservatee during the conservatorship only if the debt satisfies the requirements of any order made under Chapter 4 (commencing with Section 1870) of Part 3.
(4) The reasonable expenses incurred in the collection, care, and administration of the estate, but court authorization is required for payment of compensation to any of the following:
(A) The guardian or conservator of the person or estate or both.
(B) An attorney for the guardian or conservator of the person or estate or both.
(C) An attorney for the ward or conservatee.
(D) An attorney for the estate.
(E) The public guardian for the costs and fee under Section 2902.
(b) The payments provided for by paragraph (3) of subdivision (a) are not required to be made to the extent the payments would impair the ability to provide the necessaries of life to the conservatee and the spouse and minor children of the conservatee and to provide the basic living expenses, as defined in Section 297 of the Family Code, of the domestic partner of the conservatee.
(c) The guardian or conservator may petition the court under Section 2403 for instructions when there is doubt whether a debt should be paid under this section.
(Amended by Stats. 2001, Ch. 893, Sec. 35. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 3 - Payment of Debts and Expenses › Section 2431.

2431. (a) Subject to subdivision (d), the guardian or conservator may petition the court under Section 2403 for instructions when there is doubt whether a wage claim should be paid under this section.
(b) The guardian or conservator shall promptly pay wage claims for work done or services rendered for the ward or conservatee within 30 days prior to the date the petition for appointment of the guardian or conservator was filed. The payments made pursuant to this subdivision shall not exceed nine hundred dollars ($900) to each claimant. If there is insufficient money to pay all the claims described in this subdivision up to nine hundred dollars ($900), the money available shall be distributed among such claimants in proportion to the amount of their respective claims.
(c) After the payments referred to in subdivision (b) have been made, the guardian or conservator shall pay wage claims for work done or services rendered for the ward or conservatee within 90 days prior to the date the petition for appointment of the guardian or conservator was filed, excluding the claims described in subdivision (b). The payments made pursuant to this subdivision shall not exceed one thousand one hundred dollars ($1,100) to each claimant. If there is insufficient money to pay all the claims described in this subdivision up to one thousand one hundred dollars ($1,100), the money available shall be distributed among such claimants in proportion to the amounts of their respective claims.
(d) The guardian or conservator may require sworn claims to be presented. If there is reasonable cause to believe that the claim is not valid, the guardian or conservator may refuse to pay the claim in whole or in part but shall pay any part thereof that is not disputed without prejudice to the claimant’s rights as to the balance of the claim. The guardian or conservator shall withhold sufficient money to cover the disputed portion until the claimant has had a reasonable opportunity to establish the validity of the claim by bringing an action, either in the claimant’s own name or through an assignee, against the guardian or conservator.
(e) If the guardian or conservator neglects or refuses to pay all or any portion of a claim which is not in dispute, the court shall order the guardian or conservator to do so upon the informal application of any wage claimant or the assignee or legal representative of such claimant.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2450.

2450. (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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2451.

2451. The guardian or conservator may collect debts and benefits due to the ward or conservatee and the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2451.5.

2451.5. 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.
(Added by Stats. 2007, Ch. 553, Sec. 16. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2452.

2452. (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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2453.

2453. 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2453.5.

2453.5. (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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2454.

2454. 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2455.

2455. (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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2456.

2456. (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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2457.

2457. 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2458.

2458. 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2459.

2459. (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.
(Amended by Stats. 1996, Ch. 86, Sec. 1. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2460.

2460. 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2461.

2461. (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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2462.

2462. 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2463.

2463. (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.
(Amended by Stats. 2022, Ch. 91, Sec. 1. (SB 1005) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2464.

2464. (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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2465.

2465. The guardian or conservator may dispose of or abandon valueless property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2466.

2466. 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 4 - Estate Management Powers Generally › Section 2467.

2467. (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).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 5 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 2500.

2500. (a) Unless this article or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the guardian or conservator may do any of the following without court authorization, instruction, approval, or confirmation:
(1) Compromise or settle a claim, action, or proceeding by or for the benefit of, or against, the ward or conservatee, the guardian or conservator, or the estate, including the giving of a covenant not to sue.
(2) Extend, renew, or in any manner modify the terms of an obligation owing to or running in favor of the ward or conservatee or the estate.
(b) Nothing in this section precludes the guardian or conservator from seeking court authorization, instructions, approval, or confirmation pursuant to Section 2403.
(c) Upon petition of the ward or conservatee, a creditor, or any interested person, or upon the court’s own motion, the court may limit the authority of the guardian or conservator under subdivision (a). 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 5 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 2501.

2501. (a) Except as provided in subdivision (b), court approval is required for a compromise, settlement, extension, renewal, or modification which affects any of the following:
(1) Title to real property.
(2) An interest in real property or a lien or encumbrance on real property.
(3) An option to purchase real property or an interest in real property.
(b) If it is to the advantage of the estate, the guardian or conservator without prior court approval may extend, renew, or modify a lease of real property in either of the following cases:
(1) Where under the lease as extended, renewed, or modified the rental does not exceed five thousand dollars ($5,000) a month and the term does not exceed two years.
(2) Where the lease is from month to month, regardless of the amount of the rental.
(c) For the purposes of subdivision (b), if the lease as extended, renewed, or modified gives the lessee the right to extend the term of the lease, the length of the term shall be considered as though the right to extend had been exercised.
(Amended by Stats. 1990, Ch. 710, Sec. 10. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 5 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 2502.

2502. Court approval is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property of the estate, or the creation of an unsecured liability of the estate, or both, in an amount or value in excess of twenty-five thousand dollars ($25,000).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 5 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 2503.

2503. Court approval is required for any of the following:
(a) A compromise or settlement of a claim by the ward or conservatee against the guardian or conservator or against the attorney for the guardian or conservator, whether or not the claim arises out of the administration of the estate.
(b) An extension, renewal, or modification of the terms of a debt or similar obligation of the guardian or conservator, or of the attorney for the guardian or conservator, owing to or running in favor of the ward or conservatee or the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 5 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 2504.

2504. Court approval is required for the compromise or settlement of any of the following:
(a) A claim for the support, maintenance, or education of (1) the ward or conservatee, or (2) a person whom the ward or conservatee is legally obligated to support, maintain, or educate, against any other person (including, but not limited to, the spouse or parent of the ward or the spouse, domestic partner, parent, or adult child of the conservatee).
(b) A claim of the ward or conservatee for wrongful death.
(c) A claim of the ward or conservatee for physical or nonphysical harm to the person.
(Amended by Stats. 2001, Ch. 893, Sec. 36. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 5 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 2505.

2505. (a) Subject to subdivision (c), where the claim or matter is the subject of a pending action or proceeding, the court approval required by this article shall be obtained from the court in which the action or proceeding is pending.
(b) Where the claim or matter is not the subject of a pending action or proceeding, the court approval required by this article shall be obtained from one of the following:
(1) The court in which the guardianship or conservatorship proceeding is pending.
(2) The superior court of the county where the ward or conservatee or guardian or conservator resides at the time the petition for approval is filed.
(3) The superior court of any county where a suit on the claim or matter properly could be brought.
(c) Where the claim or matter is the subject of a pending action or proceeding that is not brought in a court of this state, court approval required by this article shall be obtained from either of the following:
(1) The court in which the action or proceeding is pending.
(2) The court in which the guardianship or conservatorship proceeding is pending.
(d) (1) Subdivisions (a), (b), and (c) do not apply to a conservatorship that is registered in this state pursuant to Article 4 (commencing with Section 2011) of Chapter 8 of Part 3.
(2) Except as provided in paragraph (3), when a conservatorship is registered in this state pursuant to Article 4 (commencing with Section 2011) of Chapter 8 of Part 3, the court approval required by this article shall be obtained in accordance with Section 2016.
(3) Notwithstanding Section 2016, when a conservatorship is registered in this state pursuant to Article 4 (commencing with Section 2011) of Chapter 8 of Part 3, and the claim or matter in question is the subject of a pending action or proceeding that is not brought in a court of this state, the court approval required by this article may be obtained from the court in which the action or proceeding is pending.
(Amended by Stats. 2014, Ch. 553, Sec. 25. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 5 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 2506.

2506. Where approval of the court in which the guardianship or conservatorship proceeding is pending is required under this article, the guardian or conservator shall file a petition with the court showing the advantage of the compromise, settlement, extension, renewal, or modification to the ward or conservatee and the estate. 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 5 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 2507.

2507. Notwithstanding Sections 2500 to 2506, inclusive:
(a) Whenever another statute requires, provides a procedure for, or dispenses with court approval of a compromise, settlement, extension, renewal, or modification, the provisions of that statute govern any case to which that statute applies.
(b) Whenever another statute provides that a compromise or settlement of an administrative proceeding is not valid unless approved in such proceeding, the approval is governed by that statute, and approval in the guardianship or conservatorship proceeding is not required.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 7 - Sales › Section 2540.

2540. (a) Except as otherwise provided in Sections 2544 and 2545, and except for the sale of a conservatee’s present or former personal residence as set forth in subdivision (b), sales of real or personal property of the estate under this article are subject to authorization, confirmation, or direction of the court, as provided in this article.
(b) In seeking authorization to sell a conservatee’s present or former personal residence, consent and agree to partition of a conservatee’s present or former personal residence, or bring an action for partition of a conservatee’s present or former personal residence, the conservator shall notify the court that the present or former personal residence is proposed to be sold or partitioned and that the conservator has discussed the proposed sale or partition with the conservatee. The conservator shall inform the court whether the conservatee supports or is opposed to the proposed sale or partition and shall describe the circumstances that necessitate the proposed sale or partition, including whether the conservatee has the ability to live in the personal residence and why other alternatives, including, but not limited to, in-home care services, are not available. The court, in its discretion, may require the court investigator to discuss the proposed sale or partition with the conservatee.
(c) Notice under subdivision (b) shall be provided to the court before the conservator commits any significant resources to the proposed sale or partition of the residence, unless the conservator can establish that either the conservatee has the capacity to consent and unequivocally consents to the sale or partition, or there are exigent circumstances that require the conservator to commit resources to the sale or partition prior to court approval.
(Amended by Stats. 2022, Ch. 91, Sec. 2. (SB 1005) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 7 - Sales › Section 2541.

2541. The guardian or conservator may sell real or personal property of the estate, consent and agree to partition of real or personal property of the estate, or bring an action for partition of real or personal property of the estate, in any of the following cases:
(a)  If the income of the estate is insufficient for the comfortable and suitable support, maintenance, and education of the ward or conservatee (including care, treatment, and support of the ward or conservatee if a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services) or of those legally entitled to support, maintenance, or education from the ward or conservatee.
(b)  If the sale or partition is necessary to pay the debts referred to in Sections 2430 and 2431.
(c)  If the sale or partition is for the advantage, benefit, and best interest of (1) the ward or conservatee, (2) the estate, or (3) the ward or conservatee and those legally entitled to support, maintenance, or education from the ward or conservatee.
(Amended by Stats. 2022, Ch. 91, Sec. 3. (SB 1005) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 7 - Sales › Section 2541.5.

2541.5. Notwithstanding Section 2541, the court may authorize a conservator to sell a conservatee’s present or former personal residence, consent and agree to partition of a conservatee’s present or former personal residence, or bring an action for partition of a conservatee’s present or former personal residence, only if the court finds by clear and convincing evidence that the conservator demonstrated a compelling need to sell or partition the personal residence for the benefit of the conservatee.
(Amended by Stats. 2022, Ch. 91, Sec. 4. (SB 1005) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP › CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate › ARTICLE 7 - Sales › Section 2542.

2542. (a) All sales shall be for cash or for part cash and part deferred payments. Except as otherwise provided in Sections 2544 and 2545, the terms of sale are subject to the approval of the court.
(b) If real property is sold for part deferred payments, the guardian or conservator shall take the note of the purchaser for the unpaid portion of the purchase money, with a mortgage or deed of trust on the property to secure payment of the note. The mortgage or deed of trust shall be subject only to encumbrances existing at the date of sale and such other encumbrances as the court may approve.
(c) If real or personal property of the estate sold for part deferred payments consists of an undivided interest, a joint tenancy interest, or any other interest less than the entire ownership, and the owner or owners of the remaining interests in the property join in the sale, the note and deed of trust or mortgage may be made to the ward or conservatee and the other owner or owners.
(Enacted by Stats. 1990, Ch. 79.)