CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400. - 2595.]

Chapter 6 enacted by Stats. 1990, Ch. 79.

§§ 2400–2595 · 89 sections

1. ARTICLE 1. Definitions and General Provisions §§ 2400–2410 · 15 sections

   • § 2400 As used in this chapter: (a) “Conservator” means the conservator of the estate, or the limited conservator of the estate to the extent that the powers and…
   • § 2401 (a) The guardian or conservator, or limited conservator to the extent specifically and expressly provided in the appointing court’s order, has the management…
   • § 2401.1 The guardian or conservator shall use ordinary care and diligence to determine whether the ward or conservatee owns real property in a foreign jurisdiction and…
   • § 2401.3 (a) If the guardian or conservator breaches a fiduciary duty, the guardian or conservator is chargeable with any of the following that is appropriate under the…
   • § 2401.5 (a) If the guardian or conservator is liable for interest pursuant to Section 2401.3, the guardian or conservator is liable for the greater of the following…
   • § 2401.6 Any surcharge that a guardian or conservator incurs under the provisions of Sections 2401.3 or 2401.5 may not be paid by or offset against future fees or wages…
   • § 2401.7 The provisions of Sections 2401.3 and 2401.5 for liability of a guardian or conservator for breach of a fiduciary duty do not prevent resort to any other…
   • § 2402 When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions not…
   • § 2403 (a) Upon petition of the guardian or conservator, the ward or conservatee, a creditor, or other interested person, the court may authorize and instruct the…
   • § 2404 (a) If the guardian or conservator fails, neglects, or refuses to furnish comfortable and suitable support, maintenance, or education for the ward or…
   • § 2405 If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator, or the limited conservator to…
   • § 2406 If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator may enter into an agreement in…
   • § 2407 This chapter applies to property owned by spouses as community property only to the extent authorized by Part 6 (commencing with Section 3000).
   • § 2408 Nothing in this chapter limits or restricts any authority granted to a guardian or conservator pursuant to Article 11 (commencing with Section 2590) to…
   • § 2410 On or before January 1, 2008, the Judicial Council, in consultation with the California Judges Association, the California Association of Superior Court…
2. ARTICLE 2. Support and Maintenance of Ward or Conservatee and Dependents §§ 2420–2423 · 4 sections

   • § 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,…
   • § 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…
   • § 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…
   • § 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…
3. ARTICLE 3. Payment of Debts and Expenses §§ 2430–2431 · 2 sections

   • § 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…
   • § 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…
4. ARTICLE 4. Estate Management Powers Generally §§ 2450–2469 · 22 sections

   • § 2450 (a) Unless this article specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in…
   • § 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,…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 2462 Subject to Section 2463, unless another person is appointed for that purpose, the guardian or conservator may: (a) Commence and maintain actions and…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 2469 (a) Commencing January 1, 2024, when a professional fiduciary becomes incapacitated and a vacancy exists, the incapacitated fiduciary’s conservator, agent…
5. ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations §§ 2500–2507 · 8 sections

   • § 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…
   • § 2501 (a) Except as provided in subdivision (b), court approval is required for a compromise, settlement, extension, renewal, or modification which affects any of…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 2506 Where approval of the court in which the guardianship or conservatorship proceeding is pending is required under this article, the guardian or conservator…
   • § 2507 Notwithstanding Sections 2500 to 2506, inclusive: (a) Whenever another statute requires, provides a procedure for, or dispenses with court approval of a…
6. ARTICLE 7. Sales §§ 2540–2548 · 10 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 2543 (a) If estate property is required or permitted to be sold, the guardian or conservator may: (1) Use discretion as to which property to sell first. (2) Sell…
   • § 2544 (a) Except as specifically limited by order of the court, subject to Section 2541, the guardian or conservator may sell securities without authorization,…
   • § 2544.5 Except as specifically limited by the court, subject to Section 2541, the guardian or conservator may sell mutual funds held without designation of a…
   • § 2545 (a) Subject to subdivisions (b) and (c) and to Section 2541, the guardian or conservator may sell or exchange tangible personal property of the estate without…
   • § 2547 The guardian or conservator shall apply the proceeds of the sale to the purposes for which it was made, as far as necessary, and the residue, if any, shall be…
   • § 2548 No action for the recovery of any property sold by a guardian or conservator may be maintained by the ward or conservatee or by any person claiming under the…
7. ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges §§ 2550–2557 · 9 sections

   • § 2550 Except as otherwise provided by statute, a guardian or conservator may borrow money, lend money, give security, lease, convey, or exchange property of the…
   • § 2551 (a) In any case described in Section 2541 or Section 2552, the guardian or conservator, after authorization by order of the court, may borrow money upon a…
   • § 2552 (a) The guardian or conservator may give a security interest or other lien upon the personal property of the estate or any part thereof or a mortgage or deed…
   • § 2552.5 For the purpose of this article, if a lease gives the lessee the right to extend the term of the lease, the length of the term shall be considered as though…
   • § 2553 (a) Except as provided in Section 2555, leases may be executed by the guardian or conservator with respect to the property of the estate only after…
   • § 2554 (a) An order authorizing the execution of a lease shall set forth the minimum rental or royalty or both and the period of the lease, which shall be for such…
   • § 2555 If it is to the advantage of the estate, the guardian or conservator may lease, as lessor, real property of the estate without authorization of the court in…
   • § 2556 (a) If it is for the advantage, benefit, and best interests of the estate and those interested therein, the guardian or conservator, after authorization by…
   • § 2557 (a) Whenever it is for the advantage, benefit, and best interests of the ward or conservatee and those legally entitled to support, maintenance, or education…
8. ARTICLE 9. Investments and Purchase of Property §§ 2570–2574 · 5 sections

   • § 2570 (a) The guardian or conservator, after authorization by order of the court, may invest the proceeds of sales and any other money of the estate as provided in…
   • § 2571 When authorized by order of the court under Section 2570, the guardian or conservator may purchase: (a) Real property in this state as a home for the ward or…
   • § 2572 An order authorizing the guardian or conservator to purchase real property may authorize the guardian or conservator to join with the spouse of the ward or the…
   • § 2573 An order authorizing investment in bonds issued by any state or of any city, county, city and county, political subdivision, public corporation, district, or…
   • § 2574 (a) Subject to subdivision (b), the guardian or conservator, without authorization of the court, may invest funds of the estate pursuant to this section in:…
9. ARTICLE 10. Substituted Judgment §§ 2580–2586 · 7 sections

   • § 2580 (a) The conservator or other interested person may file a petition under this article for an order of the court authorizing or requiring the conservator to…
   • § 2581 Notice of the hearing of the petition shall be given, regardless of age, for the period and in the manner provided in Chapter 3 (commencing with Section 1460)…
   • § 2582 The court may make an order authorizing or requiring the proposed action under this article only if the court determines all of the following: (a) The…
   • § 2583 In determining whether to authorize or require a proposed action under this article, the court shall take into consideration all the relevant circumstances,…
   • § 2584 After hearing, the court, in its discretion, may approve, modify and approve, or disapprove the proposed action and may authorize or direct the conservator to…
   • § 2585 Nothing in this article imposes any duty on the conservator to propose any action under this article, and the conservator is not liable for failure to propose…
   • § 2586 (a) As used in this section, “estate plan of the conservatee” includes, but is not limited to, the conservatee’s will, any trust of which the conservatee is…
10. ARTICLE 11. Independent Exercise of Powers §§ 2590–2595 · 7 sections

    • § 2590 (a) 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…
    • § 2591 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…
    • § 2591.5 (a) Notwithstanding any other provisions of this article, a conservator seeking an order under Section 2590 authorizing a sale of the conservatee’s personal…
    • § 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…
    • § 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…
    • § 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…
    • § 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…