what do you request for calif probate code section 2591?
by admin ~ July 15th, 2007 . Filed under: Law & Ethics .
bizgal2 asked:
what sort of thing would be requested on california probate code section 2591? is there a sample set on the internet?
Emmett Macaskill
what sort of thing would be requested on california probate code section 2591? is there a sample set on the internet?
Emmett Macaskill
July 15th, 2007 at 3:38 pm
CTION 2590-2595
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 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 the requirements, conditions, or
limitations as are specifically and expressly provided, either
directly or by reference, in the order granting the power or powers,
and if consistent with Section 2591, 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.
(b) The guardian or conservator does not have a power specified in
Section 2591 without authorization by a court under this article or
other express provisions of this code.
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 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 and
2541.
(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 ~