JurisdictionCaliforniaCode PROBProbate Code - PROB
Div. 4.DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
Part 4.PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP
Ch. 6.CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate
Art. 11.ARTICLE 11. Independent Exercise of Powers
This text of California § 2591. (2591. (Amended by Stats. 2022, Ch. 91, Sec. 5.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 a
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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.