2005 California Probate Code Sections 2590-2595 Article 11. Independent Exercise of PowersPROBATE CODE
2590. 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 such requirements, conditions, or limitations as are specifically and expressly provided, either directly or by reference, in the order granting the power or powers, 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. 2591. The powers referred to in Section 2590 are: (a) The power to contract for the guardianship or conservatorship and to perform outstanding contracts and thereby bind the estate. (b) The power to operate at the risk of the estate a business, farm, or enterprise constituting an asset of the estate. (c) The power to grant and take options. (d) The power to sell at public or private sale real or personal property of the estate. (e) The power to create by grant or otherwise easements and servitudes. (f) The power to borrow money and give security for the repayment thereof. (g) The power to purchase real or personal property. (h) The power to alter, improve, and repair or raze, replace, and rebuild property of the estate. (i) The power to let or lease property of the estate 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, arbitrate, or otherwise adjust claims, debts, or demands upon the guardianship or conservatorship. (q) The power to employ attorneys, accountants, investment counsel, agents, depositaries, and employees and to pay the expense. 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.
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