SB 1005: Conservatorship: sale of personal residence.

The Guardianship-Conservatorship Law generally establishes the powers and duties of a guardian or conservator of a person, an estate, or both. Under existing law, the court, in its discretion, may make an order granting a guardian or conservator any one or more or of specified powers 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. These powers include the right to commence and maintain an action for partition.

Existing law requires a conservator seeking authorization to sell a conservatees present or former personal residence to notify the court of specified information, including that the personal residence is proposed to be sold and that the present or former personal residence is proposed to be sold and that the conservator has discussed the proposed sale with the conservatee. The court may authorize the sale of the personal residence only if it finds by clear and convincing evidence that the conservator demonstrated a compelling need to sell the residence for the benefit of the conservatee. Existing law also authorizes a guardian or conservatee to sell other real or personal property of the estate.

This bill would revise the provisions authorizing the sale of a conservatees present or former personal residence, or the sale of other real or personal property of the estate, to specifically include the power to consent and agree to partition the personal residence or other real or personal property of the estate, and the power to bring an action for partition of the personal residence or other real or personal property of the estate. The bill would subject partition of the conservatees present or former personal residence to the same conditions as would be applicable to the sale of the residence under existing law.