Notwithstanding Section 2541, the court may authorize a conservator to sell a conservatee‘s present or former personal residence, consent and agree to partition of a conservatee’s present or former personal residence, or bring an action for partition of a conservatee’s present or former personal residence, only if the court finds by clear and convincing evidence that the conservator demonstrated a compelling need to sell or partition the personal residence for the benefit of the conservatee.

(Amended by Stats. 2022, Ch. 91, Sec. 4. (SB 1005) Effective January 1, 2023.)

Terms Used In California Probate Code 2541.5

  • Conservatee: includes a limited conservatee. See California Probate Code 29
  • Conservator: means the conservator of the estate, or the limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator. See California Probate Code 2400
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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