§560:5-424 Powers of guardian of the property in administration. Subject to the restrictions of sections 531-29, 560:5-408(4), and 560:5-422:
(a) A guardian of the property has all of the powers conferred herein and any additional powers conferred by law on trustees in this State. In addition, an individual guardian of the property of an unmarried minor, as to whom no one has parental rights, has the duties and powers of a guardian of the person of a minor described in section 560:5-209 until the minor marries, but the parental rights so conferred on a guardian of the property do not preclude appointment of a guardian of the person as provided by Part 2.
(b) A guardian of the property has power without court authorization or confirmation, to invest and reinvest funds of the estate as would a trustee.
(c) A guardian of the property, acting reasonably in efforts to accomplish the purpose for which the guardian was appointed, may act without court authorization or confirmation, to:
(1) Collect, hold, and retain assets of the estate including land in another state, until, in the guardian's judgment, disposition of the assets should be made, and the assets may be retained even though they include an asset in which the guardian is personally interested;
(2) Receive additions to the estate;
(3) Continue or participate in the operation of any business or other enterprise;
(4) Acquire an undivided interest in an estate asset in which the guardian of the property, in any fiduciary capacity, holds an undivided interest;
(5) Invest and reinvest estate assets in accordance with subsection (b);
(6) Deposit estate funds in a bank including a bank operated by the guardian of the property;
(7) Acquire or dispose of an estate asset including land in another state for cash or on credit, at public or private sale; and to manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset;
(8) Make ordinary or extraordinary repairs or alterations in buildings or other structures, to demolish any improvements, to raze existing or erect new party walls or buildings;
(9) Subdivide, develop, or dedicate land to public use; to make or obtain the vacation of plats and adjust boundaries; to adjust differences in valuation on exchange or to partition by giving or receiving considerations; and to dedicate easements to public use without consideration;
(10) Enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within or extending beyond the term of the guardianship;
(11) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;
(12) Grant an option involving disposition of an estate asset, to take an option for the acquisition of any asset;
(13) Vote a security, in person or by general or limited proxy;
(14) Pay calls, assessments, and any other sums chargeable or accruing against or on account of securities;
(15) Sell or exercise stock subscription or conversion rights; to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;
(16) Hold a security in the name of a nominee or in other form without disclosure of the guardianship so that title to the security may pass by delivery, but the guardian of the person is liable for any act of the nominee in connection with the stock so held;
(17) Insure the assets of the estate against damage or loss, and the guardian of the property against liability with respect to third persons;
(18) Borrow money to be repaid from estate assets or otherwise; to advance money for the protection of the estate or the protected person, and for all expenses, losses, and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets and the guardian of the property has a lien on the estate as against the protected person for advances so made;
(19) Pay or contest any claim; to settle a claim by or against the estate or the protected person by compromise, arbitration, or otherwise; and to release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible;
(20) Pay taxes, assessments, compensation of the guardian of the property, and other expenses incurred in the collection, care, administration and protection of the estate;
(21) Allocate items of income or expense to either estate income or principal, as provided by law, including creation of reserves out of income for depreciation, obsolescence, or amortization, or for depletion in mineral or timber properties;
(22) Pay any sum distributable to a protected person or the person's dependent, without liability to the guardian of the property by paying the sum to the distributee or by paying the sum for the use of the distributee either to the distributee's guardian or if none, to a relative or other person with custody of the distributee's person;
(23) Employ persons, including attorneys, auditors, investment advisors, or agents, even though they are associated with the guardian of the property to advise or assist the guardian in the performance of the guardian's administrative duties; to act upon their recommendation without independent investigation; and instead of acting personally, to employ one or more agents to perform any act of administration, whether or not discretionary;
(24) Prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of estate assets and of the guardian of the property in the performance of the guardian's duties; and
(25) Execute and deliver all instruments which will accomplish or facilitate the exercise of the powers vested in the guardian of the property. [L 1976, c 200, pt of §1; am L 1980, c 260, §8; gen ch 1985]