2007 California Probate Code Article 4. Estate Management Powers Generally

CA Codes (prob:2450-2468)

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.



2451.  The guardian or conservator may collect debts and benefits
due to the ward or conservatee and the estate.



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.


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.


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.



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.



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.


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.




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.


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.



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.



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.



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.



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.



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.




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 such an 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 as
such, is made a defendant in a partition action, the guardian or
conservator may defend the action without authorization of the court.




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.


2465.  The guardian or conservator may dispose of or abandon
valueless property.



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.



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).




2468.  (a) The conservator of the estate of a disabled attorney who
was engaged in the practice of law at the time of his or her
disability, or other person interested in the estate, may bring a
petition seeking the appointment of an active member of the State Bar
of California to take control of the files and assets of the
practice of the disabled member.
   (b) The petition may be filed and heard on such notice that the
court determines is in the best interests of the persons interested
in the estate of the disabled member.  If the petition alleges that
the immediate appointment of a practice administrator is required to
safeguard the interests of the estate, the court may dispense with
notice provided that the conservator is the petitioner or has joined
in the petition or has otherwise waived notice of hearing on the
petition.
   (c) The petition shall indicate the powers sought for the practice
administrator from the list of powers set forth in Section 6185 of
the Business and Professions Code.  These powers shall be
specifically listed in the order appointing the practice
administrator.
   (d) The petition shall allege the value of the assets that are to
come under the control of the practice administrator, including but
not limited by the amount of funds in all accounts used by the
disabled member.  The court shall require the filing of a surety bond
in the amount of the value of the personal property to be filed with
the court by the practice administrator.  No action may be taken by
the practice administrator unless a bond has been duly filed with the
court.
   (e) The practice administrator shall not be the attorney
representing the conservator.
   (f) The court shall appoint the attorney nominated by the disabled
member in a writing, including but not limited to the disabled
member's will, unless the court concludes that the appointment of the
nominated person would be contrary to the best interests of the
estate or would create a conflict of interest with any of the clients
of the disabled member.
   (g) The practice administrator shall be compensated only upon
order of the court making the appointment for his or her reasonable
and necessary services.  The law practice shall be the source of the
compensation for the practice administrator unless the assets are
insufficient, in which case, the compensation of the practice
administrator shall be charged against the assets of the estate as a
cost of administration.  The practice administrator shall also be
entitled to reimbursement of his or her costs.
   (h) Upon conclusion of the services of the practice administrator,
the practice administrator shall render an accounting and petition
for its approval by the superior court making the appointment.  Upon
settlement of the accounting, the practice administrator shall be
discharged and the surety on his or her bond exonerated.
   (i) If the court appointing the practice administrator determines
upon petition that the disabled attorney has recovered his or her
capacity to resume his or her law practice, the appointment of a
practice administrator shall forthwith terminate and the disabled
attorney shall be restored to his or her practice.
   (j) For purposes of this section, the person appointed to take
control of the practice of the disabled member shall be referred to
as the "practice administrator" and the conservatee shall be referred
to as the "disabled member."