Probate Code — Part 9 | PROB — United States — California law | Esheria

Probate Code

Part 9 of 14 · provisions 1,601–1,800

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A personal representative may sell estate real or personal property if the chapter’s limits and conditions are met. If a personal representative refuses or neglects to sell property, an interested person may ask the court to order the sale in specified cases. If a will gives directions for how estate property must be sold, the personal representative must follow them unless the court orders otherwise. A personal representative may choose what estate property to sell first, may sell all or part of the estate’s interest in the property, and may sell by public auction or private sale, if the sale is otherwise allowed and subject to specified sections. A personal representative may treat estate assets as a unit for sale, but a private unit sale must meet a 90% minimum price and any sale involving real property must follow real-property sale rules.

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Provisions of Probate Code

Showing 200 of 2,672

  1. 3142.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. )

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    Before the hearing, the court must tell the spouse about the hearing-related consequences and the spouse’s right to counsel, unless a stated exception applies.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 3142. (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the court, before commencement of the hearing on the merits, shall inform the spouse of all of the following: (1) A determination of lack of legal capacity for the proposed transaction may result in approval of the proposed transaction. (2) The spouse has the right to legal counsel of the spouse’s own choosing, including the right to have legal counsel appointed by the court if unable to retain legal counsel. (b) This section does not apply if the spouse is absent from the hearing and is not required to attend the hearing under the provisions of subdivision (a) of Section 3141 and any showing required by Section 3141 has been made. (Enacted by Stats. 1990, Ch. 79.)
  2. 3143.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. )

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    The court must issue an order declaring a spouse legally capable if the petition and the court’s determination satisfy the section’s conditions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 3143. (a) If the petition requests that the court make an order declaring a spouse to have legal capacity for the proposed transaction and the court determines that the spouse has legal capacity for the proposed transaction, the court shall so order. (b) If the petition alleges that a spouse having no conservator lacks legal capacity for the proposed transaction and the court determines that the spouse has legal capacity for the transaction, the court shall make an order so declaring. (Enacted by Stats. 1990, Ch. 79.)
  3. 3144.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. )

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    The court may authorize a proposed transaction about spouses’ community property if specific capacity, consent, and property conditions are met.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 3144. (a) The court may authorize the proposed transaction if the court determines all of the following: (1) The property that is the subject of the proposed transaction is community property of the spouses, and, if the proposed transaction involves property in which a spouse also has a separate property interest, that there is good cause to include that separate property in the transaction. (2) One of the spouses then has a conservator or otherwise lacks legal capacity for the proposed transaction. (3) The other spouse either has legal capacity for the proposed transaction or has a conservator. (4) Each of the spouses either (i) joins in or consents to the proposed transaction, (ii) has a conservator, or (iii) is substantially unable to manage his or her own financial resources or resist fraud or undue influence. Substantial inability may not be proved by isolated incidents of negligence or improvidence. (5) The proposed transaction is one that should be authorized under this chapter. (b) If the proposed transaction is to provide gifts or otherwise affect estate planning of the spouse who is alleged to lack capacity, as would be properly the subject of a petition under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 (substituted judgment) in the case of a conservatorship, the court may authorize the transaction under this chapter only if the transaction is one that the court would authorize under that article. (c) If the court determines under subdivision (a) that the transaction should be authorized, the court shall so order and may authorize the petitioner to do and perform all acts and to execute and deliver all papers, documents, and instruments necessary to effectuate the order. (d) In an order authorizing a transaction, the court may prescribe any terms and conditions as the court in its discretion determines appropriate, including, but not limited to, requiring joinder or consent of another person. (Amended by Stats. 2003, Ch. 32, Sec. 4. Effective January 1, 2004.)
  4. 3145.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. )

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    A court ruling that a spouse lacks legal capacity for a proposed transaction applies only to that transaction.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Hearing and Order [3140 - 3145] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 3145. A court determination pursuant to this chapter that a spouse lacks legal capacity for the proposed transaction affects the legal capacity of the spouse for that transaction alone and has no effect on the legal capacity of the spouse for any other purpose. (Enacted by Stats. 1990, Ch. 79.)
  5. 3150.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Consummation of Transaction [3150 - 3154] ( Article 6 enacted by Stats. 1990, Ch. 79. )

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    The court must require the petitioner to give a bond, unless the court dispenses with it for good cause.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Consummation of Transaction [3150 - 3154] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 3150. (a) Unless the court for good cause dispenses with the bond, the court shall require the petitioner to give a bond, in the amount fixed by the court, conditioned on the duty of the petitioner to account for and apply the proceeds of the transaction to be received by the petitioner only as the court may by order direct. (b) Unless the court for good cause fixes the amount of the bond in a lesser amount, if given by an admitted surety insurer, the bond shall be in an amount not less than the value of the personal property (including cash and any notes) to be received by the petitioner, as determined by the court. (c) If the sureties on the bond are personal sureties, the bond shall be approved by the court and shall be for twice the amount required for a bond given by an admitted surety insurer. (d) Section 2328 is applicable to the bond of the petitioner under this chapter. (Enacted by Stats. 1990, Ch. 79.)
  6. 3151.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Consummation of Transaction [3150 - 3154] ( Article 6 enacted by Stats. 1990, Ch. 79. )

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    The petitioner must carry out court-directed document steps, record a certified copy of the order in affected counties, and—if the sale is on credit—take a note and approved security for the unpaid balance.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Consummation of Transaction [3150 - 3154] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 3151. (a) The petitioner shall, upon receipt of the consideration therefor, execute, acknowledge, and deliver any necessary instruments or documents as directed by the court, setting forth therein that they are made by authority of the order. (b) The petitioner shall cause a certified copy of the order to be recorded in the office of the recorder of each county in which is located any real property affected by the order or any real property upon which there is a lien or encumbrance affected by the order. (c) If a sale is made upon a credit pursuant to the order, the petitioner shall take the note of the person to whom the sale is made for the amount of the unpaid balance of the purchase money, with such security for the payment thereof as the court shall by order approve. The note shall be made payable to the petitioner or, if the petition was made by a conservator, to the petitioner as conservator. (Enacted by Stats. 1990, Ch. 79.)
  7. 3152.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Consummation of Transaction [3150 - 3154] ( Article 6 enacted by Stats. 1990, Ch. 79. )

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    A transaction document made under the court’s order is valid and effective as though the property were owned solely by the person making it.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Consummation of Transaction [3150 - 3154] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 3152. A sale, conveyance, assignment, transfer, exchange, encumbrance, security interest, mortgage, deed of trust, lease, dedication, release, or relinquishment, and any instrument or document, made pursuant to the court’s order, is as valid and effectual as if the property affected thereby were the sole and absolute property of the person making it. (Enacted by Stats. 1990, Ch. 79.)
  8. 3153.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Consummation of Transaction [3150 - 3154] ( Article 6 enacted by Stats. 1990, Ch. 79. )

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    A petitioning conservator who executes certain instruments under this chapter generally has no personal liability, except when the conservator is one of the spouses.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Consummation of Transaction [3150 - 3154] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 3153. Notes, encumbrances, security interests, mortgages, leases, or deeds of trust, executed as provided in this chapter by a petitioning conservator create no personal liability against the conservator so executing, unless the conservator is one of the spouses and then only to the extent that personal liability would have resulted had both spouses had legal capacity for the transaction and joined in the execution. (Enacted by Stats. 1990, Ch. 79.)
  9. 3154.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Consummation of Transaction [3150 - 3154] ( Article 6 enacted by Stats. 1990, Ch. 79. )

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    If a court-authorized transaction is not completed by another party, the court may vacate its order on the petitioner’s application. The petitioner may also seek authorization for another sale or encumbrance, and the court may approve it if it benefits the spouses or their estates.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000 - 3154] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceeding for Particular Transaction [3100 - 3154] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Consummation of Transaction [3150 - 3154] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 3154. (a) If any party to the transaction, other than the petitioner, does not consummate a transaction authorized by the court, the court, on application of the petitioner, after such notice to the parties to the transaction as the court directs, may vacate the order authorizing the transaction. (b) If the order authorized the sale or encumbrance of property, the petitioner may by supplemental petition apply to the court for an order authorizing any other sale or encumbrance of the property to the advantage, benefit, or best interests of the spouses or their estates. The supplemental petition and a notice of the time and place of the hearing shall be served and mailed as provided in Article 4 (commencing with Section 3130) except that (1) no further citation shall be issued and (2) a copy of the supplemental petition and a notice of the time and place of the hearing shall be served upon any person who has appeared as representative of a nonpetitioning spouse or upon counsel of record for a nonpetitioning spouse or as the court may otherwise direct. (c) If it appears to the court that the other sale or encumbrance is to the advantage, benefit, or best interests of the spouses or their estates and that the request in the supplemental petition that the transaction be authorized should be granted, the court may so order and may authorize the petitioner to do and perform acts and to execute and deliver all papers, documents, and instruments necessary to effectuate the order. (Enacted by Stats. 1990, Ch. 79.)
  10. 32.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “devise” as a disposition of real or personal property by will, and as a verb meaning to dispose of real or personal property by will.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 32. “Devise,” when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will. (Enacted by Stats. 1990, Ch. 79.)
  11. 3200.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

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    This section defines key terms used in Part 7, including health care, health care decision, health care institution, and patient.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3200. As used in this part: (a) “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient’s physical or mental condition. (b) “Health care decision” means a decision regarding the patient’s health care, including the following: (1) Selection and discharge of health care providers and institutions. (2) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication. (3) Directions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation. (c) “Health care institution” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. (d) “Patient” means an adult who does not have a conservator of the person and for whom a health care decision needs to be made. (Amended by Stats. 1999, Ch. 658, Sec. 15. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  12. 3201.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

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    A petition may be filed to ask the court to decide whether a patient can make certain health care decisions, or lacks that capacity and needs a designated person to decide for them.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3201. (a) A petition may be filed to determine that a patient has the capacity to make a health care decision concerning an existing or continuing condition. (b) A petition may be filed to determine that a patient lacks the capacity to make a health care decision concerning specified treatment for an existing or continuing condition, and further for an order authorizing a designated person to make a health care decision on behalf of the patient. (c) One proceeding may be brought under this part under both subdivisions (a) and (b). (Amended by Stats. 1999, Ch. 658, Sec. 16. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  13. 3202.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

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    A petition may be filed in the superior court of the county where the patient lives, is temporarily living, or another county if that is in the patient's best interests.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3202. The petition may be filed in the superior court of any of the following counties: (a) The county in which the patient resides. (b) The county in which the patient is temporarily living. (c) Such other county as may be in the best interests of the patient. (Enacted by Stats. 1990, Ch. 79.)
  14. 3203.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

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    The patient and certain related or public officials may file a petition.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3203. A petition may be filed by any of the following: (a) The patient. (b) The patient’s spouse. (c) A relative or friend of the patient, or other interested person, including the patient’s agent under a power of attorney for health care. (d) The patient’s physician. (e) A person acting on behalf of the health care institution in which the patient is located if the patient is in a health care institution. (f) The public guardian or other county officer designated by the board of supervisors of the county in which the patient is located or resides or is temporarily living. (Amended by Stats. 1999, Ch. 658, Sec. 17. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  15. 3204.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

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    A petitioner must include specified medical and consent-related facts in a petition or attached medical declaration.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3204. The petition shall state, or set forth by a medical declaration attached to the petition, all of the following known to the petitioner at the time the petition is filed: (a) The condition of the patient’s health that requires treatment. (b) The recommended health care that is considered to be medically appropriate. (c) The threat to the patient’s condition if authorization for the recommended health care is delayed or denied by the court. (d) The predictable or probable outcome of the recommended health care. (e) The medically available alternatives, if any, to the recommended health care. (f) The efforts made to obtain consent from the patient. (g) If the petition is filed by a person on behalf of a health care institution, the name of the person to be designated to give consent to the recommended health care on behalf of the patient. (h) The deficit or deficits in the patient’s mental functions listed in subdivision (a) of Section 811 that are impaired, and an identification of a link between the deficit or deficits and the patient’s inability to respond knowingly and intelligently to queries about the recommended health care or inability to participate in a decision about the recommended health care by means of a rational thought process. (i) The names and addresses, so far as they are known to the petitioner, of the persons specified in subdivision (b) of Section 1821. (Amended by Stats. 1999, Ch. 658, Sec. 18. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  16. 3205.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

    Verify source ↗

    When a petition is filed, the court must identify the patient’s attorney, and if the patient has no attorney and does not plan to hire one, the court must appoint counsel for the hearing.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3205. Upon the filing of the petition, the court shall determine the name of the attorney the patient has retained to represent the patient in the proceeding under this part or the name of the attorney the patient plans to retain for that purpose. If the patient has not retained an attorney and does not plan to retain one, the court shall appoint the public defender or private counsel under Section 1471 to consult with and represent the patient at the hearing on the petition and, if such appointment is made, Section 1472 applies. (Enacted by Stats. 1990, Ch. 79.)
  17. 3206.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

    Verify source ↗

    This section requires notice of the hearing and a copy of the petition to be served or delivered at least 15 days before the hearing, and lets the court shorten or waive notice for good cause.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3206. (a) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patient’s attorney, and the agent under the patient’s power of attorney for health care, if any. (b) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons: (1) The patient’s spouse, if any, at the address stated in the petition. (2) The patient’s relatives named in the petition at their addresses stated in the petition. (c) For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following: (1) The existing medical facts and circumstances set forth in the petition or in a medical declaration attached to the petition or in a medical declaration presented to the court. (2) The desirability, where the condition of the patient permits, of giving adequate notice to all interested persons. (Amended by Stats. 2017, Ch. 319, Sec. 58. (AB 976) Effective January 1, 2018.)
  18. 3207.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

    Verify source ↗

    A petitioned matter may be submitted to the court for decision if proper medical declarations are provided and both lawyers stipulate that no factual issue remains.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3207. Notwithstanding Section 3206, the matter presented by the petition may be submitted for the determination of the court upon proper and sufficient medical declarations if the attorney for the petitioner and the attorney for the patient so stipulate and further stipulate that there remains no issue of fact to be determined. (Amended by Stats. 1999, Ch. 658, Sec. 20. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  19. 3208.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

    Verify source ↗

    The court may authorize recommended health care and appoint someone to consent for the patient if the statutory conditions are met.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3208. (a) Except as provided in subdivision (b), the court may make an order authorizing the recommended health care for the patient and designating a person to give consent to the recommended health care on behalf of the patient if the court determines from the evidence all of the following: (1) The existing or continuing condition of the patient’s health requires the recommended health care. (2) If untreated, there is a probability that the condition will become life-endangering or result in a serious threat to the physical or mental health of the patient. (3) The patient is unable to consent to the recommended health care. (b) In determining whether the patient’s mental functioning is so severely impaired that the patient lacks the capacity to make any health care decision, the court may take into consideration the frequency, severity, and duration of periods of impairment. (c) The court may make an order authorizing withholding or withdrawing artificial nutrition and hydration and all other forms of health care and designating a person to give or withhold consent to the recommended health care on behalf of the patient if the court determines from the evidence all of the following: (1) The recommended health care is in accordance with the patient’s best interest, taking into consideration the patient’s personal values to the extent known to the petitioner. (2) The patient is unable to consent to the recommended health care. (Amended by Stats. 1999, Ch. 658, Sec. 21. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  20. 3208.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

    Verify source ↗

    In this type of proceeding, the court must find capacity if the patient has it, may be asked to decide acceptance/refusal and informed consent, and must not authorize treatment or appoint someone to consent if the patient has capacity but refuses consent.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3208.5. In a proceeding under this part: (a) Where the patient has the capacity to consent to the recommended health care, the court shall so find in its order. (b) Where the court has determined that the patient has the capacity to consent to the recommended health care, the court shall, if requested, determine whether the patient has accepted or refused the recommended health care, and whether the patient’s consent to the recommended health care is an informed consent. (c) Where the court finds that the patient has the capacity to consent to the recommended health care, but that the patient refuses consent, the court shall not make an order authorizing the recommended health care or designating a person to give consent to the recommended health care. If an order has been made authorizing the recommended health care and designating a person to give consent to the recommended health care, the order shall be revoked if the court determines that the patient has recovered the capacity to consent to the recommended health care. Until revoked or modified, the order is effective authorization for the recommended health care. (Added by Stats. 1999, Ch. 658, Sec. 22. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  21. 3209.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

    Verify source ↗

    The court where the petition is filed may revoke or modify an order made under this part if a petition is filed, noticed, and heard like an original petition.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3209. The court in which the petition is filed has continuing jurisdiction to revoke or modify an order made under this part upon a petition filed, noticed, and heard in the same manner as an original petition filed under this part. (Enacted by Stats. 1990, Ch. 79.)
  22. 3210.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

    Verify source ↗

    This part is supplemental and optional, and it does not limit emergency health care or override existing rights or hospital decisionmaking.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3210. (a) This part is supplemental and alternative to other procedures or methods for obtaining consent to health care or making health care decisions, and is permissive and cumulative for the relief to which it applies. (b) Nothing in this part limits the providing of health care in an emergency case in which the health care is required because (1) the health care is required for the alleviation of severe pain or (2) the patient has a medical condition that, if not immediately diagnosed and treated, will lead to serious disability or death. (c) Nothing in this part supersedes the right that any person may have under existing law to make health care decisions on behalf of a patient, or affects the decisionmaking process of a health care institution. (Amended by Stats. 1999, Ch. 658, Sec. 23. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  23. 3211.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

    Verify source ↗

    This section forbids placing a person in a mental health treatment facility, prescribing or administering an experimental drug, performing convulsive treatment, or sterilizing a person under this part, and it yields to a valid advance health care directive.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3211. (a) No person may be placed in a mental health treatment facility under the provisions of this part. (b) No experimental drug as defined in Section 111515 of the Health and Safety Code may be prescribed for or administered to any person under this part. (c) No convulsive treatment as defined in Section 5325 of the Welfare and Institutions Code may be performed on any person under this part. (d) No person may be sterilized under this part. (e) The provisions of this part are subject to a valid advance health care directive under the Health Care Decisions Law, Division 4.7 (commencing with Section 4600). (Amended by Stats. 1999, Ch. 658, Sec. 24. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  24. 3212.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. )

    Verify source ↗

    This section preserves an individual's right to choose spiritual treatment instead of medical treatment, and it bars forcing such a person to undergo medical testing for a capacity determination.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR [3200 - 3212] ( Heading of Part 7 amended by Stats. 1999, Ch. 658, Sec. 14. ) ## 3212. Nothing in this part shall be construed to supersede or impair the right of any individual to choose treatment by spiritual means in lieu of medical treatment, nor shall any individual choosing treatment by spiritual means, in accordance with the tenets and practices of that individual’s established religious tradition, be required to submit to medical testing of any kind pursuant to a determination of capacity. (Added by Stats. 1999, Ch. 658, Sec. 25. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  25. 330.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 10. IMMEDIATE STEPS CONCERNING DECEDENT'S TANGIBLE PERSONAL PROPERTY AND SAFE DEPOSIT BOX [330 - 331] ( Heading of Part 10 amended by Stats. 1991, Ch. 1055, Sec. 14. )

    Verify source ↗

    Certain listed custodians may hand over a decedent’s tangible personal property without waiting 40 days, but they must check identity, keep a 3-year record, and stop if there is a possession dispute.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 10. IMMEDIATE STEPS CONCERNING DECEDENT'S TANGIBLE PERSONAL PROPERTY AND SAFE DEPOSIT BOX [330 - 331] ( Heading of Part 10 amended by Stats. 1991, Ch. 1055, Sec. 14. ) ## 330. (a) Except as provided in subdivision (b), a public administrator, government official, law enforcement agency, the hospital or institution in which a decedent died, or the decedent’s employer, may, without the need to wait 40 days after death, deliver the tangible personal property of the decedent in its possession, including keys to the decedent’s residence, to the decedent’s surviving spouse, relative, or conservator or guardian of the estate acting in that capacity at the time of death. (b) A person shall not deliver property pursuant to this section if the person knows or has reason to believe that there is a dispute over the right to possession of the property. (c) A person that delivers property pursuant to this section shall require reasonable proof of the status and identity of the person to whom the property is delivered, and may rely on any document described in subdivision (d) of Section 13104 as proof of identity. (d) A person that delivers property pursuant to this section shall, for a period of three years after the date of delivery of the property, keep a record of the property delivered and the status and identity of the person to whom the property is delivered. (e) Delivery of property pursuant to this section does not determine ownership of the property or confer any greater rights in the property than the recipient would otherwise have and does not preclude later proceedings for administration of the decedent’s estate. If proceedings for administration of the decedent’s estate are commenced, the person holding the property shall deliver it to the personal representative on request by the personal representative. (f) A person that delivers property pursuant to this section is not liable for loss or damage to the property caused by the person to whom the property is delivered. (Enacted by Stats. 1990, Ch. 79.)
  26. 3300.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [3300 - 3303] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A parent who receives a minor’s money or property under this part must account to the minor when the minor reaches the age of majority.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [3300 - 3303] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 3300. A parent who receives any money or property belonging to a minor under any provision of this part shall account to the minor for the money or other property when the minor reaches the age of majority. (Enacted by Stats. 1990, Ch. 79.)
  27. 3303.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [3300 - 3303] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says this part does not limit the California Uniform Transfers to Minors Act, Part 9, starting at Section 3900.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [3300 - 3303] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 3303. Nothing in this part limits the provisions of the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900). (Enacted by Stats. 1990, Ch. 79.)
  28. 331.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 10. IMMEDIATE STEPS CONCERNING DECEDENT'S TANGIBLE PERSONAL PROPERTY AND SAFE DEPOSIT BOX [330 - 331] ( Heading of Part 10 amended by Stats. 1991, Ch. 1055, Sec. 14. )

    Verify source ↗

    This section lets a key holder access a decedent’s safe deposit box before letters issue only after giving the bank proof of death and identity, and it limits what can be done with the box’s contents.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 10. IMMEDIATE STEPS CONCERNING DECEDENT'S TANGIBLE PERSONAL PROPERTY AND SAFE DEPOSIT BOX [330 - 331] ( Heading of Part 10 amended by Stats. 1991, Ch. 1055, Sec. 14. ) ## 331. (a) This section applies only to a safe deposit box in a financial institution held by the decedent in the decedent’s sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder. (b) A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the following: (1) Proof of the decedent’s death. Proof shall be provided by a certified copy of the decedent’s death certificate or by a written statement of death from the coroner, treating physician, or hospital or institution where the decedent died. (2) Reasonable proof of the identity of the person seeking access. Reasonable proof of identity is provided for the purpose of this paragraph if the requirements of Section 13104 are satisfied. (c) The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedent’s death or proof of identity of the person seeking access. (d) If the person seeking access has satisfied the requirements of subdivision (b), the financial institution shall do all of the following: (1) Keep a record of the identity of the person. (2) Permit the person to open the safe deposit box under the supervision of an officer or employee of the financial institution, and to make an inventory of its contents. (3) Make a photocopy of all wills and trust instruments removed from the safe deposit box, and keep the photocopy in the safe deposit box until the contents of the box are removed by the personal representative of the estate or other legally authorized person. The financial institution may charge the person given access a reasonable fee for photocopying. (4) Permit the person given access to remove instructions for the disposition of the decedent’s remains, and, after a photocopy is made, to remove the wills and trust instruments. (e) The person given access shall deliver all wills found in the safe deposit box to the clerk of the superior court and deliver a copy pursuant to Section 1215 to the person named in the will as executor or beneficiary as provided in Section 8200. (f) Except as provided in subdivision (d), the person given access shall not remove any of the contents of the decedent’s safe deposit box. (Amended by Stats. 2017, Ch. 319, Sec. 6. (AB 976) Effective January 1, 2018.)
  29. 34.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A devisee is a person named in a will to receive a devise; if the devise is to an existing trust or trustee, the trust or trustee is the devisee instead.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 34. (a) “Devisee” means any person designated in a will to receive a devise. (b) In the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees. (Enacted by Stats. 1990, Ch. 79.)
  30. 3400.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Total Estate Not in Excess of $5,000 [3400 - 3402] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines the minor’s “total estate” and says two categories must be deducted when calculating it.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Total Estate Not in Excess of $5,000 [3400 - 3402] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3400. (a) As used in this article, “total estate of the minor” includes both the money and other property belonging to the minor and the money and other property belonging to the guardianship estate, if any, of the minor. (b) In computing the “total estate of the minor” for the purposes of this article, all of the following shall be deducted: (1) “Custodial property” held pursuant to the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900). (2) Any money or property subject to court order pursuant to subdivision (c) of Section 3602 or Article 2 (commencing with Section 3610) of Chapter 4. (Enacted by Stats. 1990, Ch. 79.)
  31. 3401.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Total Estate Not in Excess of $5,000 [3400 - 3402] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A parent entitled to custody may receive a minor’s money or property, but only if the minor’s total estate is $5,000 or less and the parent gives verified written assurance of that fact.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Total Estate Not in Excess of $5,000 [3400 - 3402] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3401. (a) Where a minor does not have a guardian of the estate, money or other property belonging to the minor may be paid or delivered to a parent of the minor entitled to the custody of the minor to be held in trust for the minor until the minor reaches majority if the requirements of subdivision (c) are satisfied. (b) Where the minor has a guardian of the estate, all the money and other property belonging to the guardianship estate may be paid or delivered to a parent entitled to the custody of the minor to be held in trust for the minor until the minor reaches majority if the requirements of subdivision (c) are satisfied. (c) This section applies only if both of the following requirements are satisfied: (1) The total estate of the minor, including the money and other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value. (2) The parent to whom the money or other property is to be paid or delivered gives the person making the payment or delivery written assurance, verified by the oath of such parent, that the total estate of the minor, including the money or other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value. (Enacted by Stats. 1990, Ch. 79.)
  32. 3402.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Total Estate Not in Excess of $5,000 [3400 - 3402] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A parent’s written receipt, given with the written assurance under Section 3401, is a discharge for the person who paid money or delivered property under this article.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Total Estate Not in Excess of $5,000 [3400 - 3402] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3402. The written receipt of the parent giving the written assurance under Section 3401 shall be an acquittance of the person making the payment of money or delivery of other property pursuant to this article. (Enacted by Stats. 1990, Ch. 79.)
  33. 3410.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Property in the Form of Money [3410 - 3413] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This article applies to certain minor-money situations and excludes custodial property and money or property subject to specified court orders.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Property in the Form of Money [3410 - 3413] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3410. (a) This article applies to both of the following cases: (1) Where the minor has a guardian of the estate and the sole asset of the guardianship estate is money. (2) Where the minor has no guardian of the estate and there is money belonging to the minor. (b) This article does not apply to, and there shall be excluded in computing “money belonging to the minor” for the purpose of this article, all of the following: (1) Money or property which is or will be held as “custodial property” pursuant to the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900). (2) Any money or property subject to court order pursuant to subdivision (c) of Section 3602 or Article 2 (commencing with Section 3610) of Chapter 4. (Enacted by Stats. 1990, Ch. 79.)
  34. 3411.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Property in the Form of Money [3410 - 3413] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Certain people may file a petition asking the court for an order under this article, and the petition must be filed in the proper superior court county.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Property in the Form of Money [3410 - 3413] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3411. (a) A parent of a minor entitled to custody of the minor, the guardian of the estate of the minor, or the person holding the money belonging to the minor may file a petition requesting that the court make an order under this article. (b) The petition shall be filed in the superior court of: (1) The county where the minor resides if the minor has no guardian of the estate. (2) The county having jurisdiction of the guardianship estate if the minor has a guardian of the estate. (Enacted by Stats. 1990, Ch. 79.)
  35. 3412.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Property in the Form of Money [3410 - 3413] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a minor’s guardianship estate is only money, the court may end the guardianship and order specific ways to handle the money, including deposit, transfer, restricted holding, payment to a parent, or county treasurer handling.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Property in the Form of Money [3410 - 3413] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3412. If the minor has a guardian of the estate and the sole asset of the guardianship estate is money, the court may order that the guardianship of the estate be terminated and, if the court so orders, the court in its discretion shall also order any one or more of the following: (a) That the money be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court. (b) That all or any part of the money be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900). (c) If the money of the guardianship estate does not exceed twenty thousand dollars ($20,000), that the money be held on any other condition that the court in its discretion determines to be in the best interests of the minor. (d) If the money of the guardianship estate does not exceed five thousand dollars ($5,000), that all or any part of the money be paid to a parent of the minor, without bond, upon the terms and under the conditions specified in Article 1 (commencing with Section 3400). (e) That the remaining balance of any money paid or to be paid be deposited with the county treasurer, if all of the following conditions are met: (1) The county treasurer has been authorized by the county board of supervisors to handle the deposits. (2) The county treasurer shall receive and safely keep all money deposited with the county treasurer pursuant to this subdivision, shall pay the money out only upon the order of the court, and shall credit each estate with the interest earned by the funds deposited less the county treasurer’s actual cost authorized to be recovered under Section 27013 of the Government Code. (3) The county treasurer and sureties on the official bond of the county treasurer are responsible for the safekeeping and payment of the money. (4) The county treasurer shall ensure that the money deposited is to earn interest or dividends, or both, at the highest rate which the county can reasonably obtain as a prudent investor. (5) Funds so deposited with the county treasurer shall only be invested or deposited in compliance with the provisions governing the investment or deposit of state funds set forth in Chapter 5 (commencing with Section 16640) of Part 2 of Division 4 of Title 2 of the Government Code, the investment or deposit of county funds set forth in Chapter 4 (commencing with Section 53600) of Part 1 of Division 2 of Title 5 of the Government Code, or as authorized under Chapter 6 (commencing with Section 2400) of Part 4. (Amended by Stats. 2004, Ch. 67, Sec. 1. Effective January 1, 2005.)
  36. 3413.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Property in the Form of Money [3410 - 3413] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a minor has no estate guardian and has money, the court may choose among several ways to protect or place the money, and the county treasurer has specific duties if money is deposited with the treasurer.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Money or Property Belonging to Minor [3400 - 3413] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Property in the Form of Money [3410 - 3413] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3413. If the minor has no guardian of the estate and there is money belonging to the minor, the court may order that a guardian of the estate be appointed and that the money be paid to the guardian or the court may order any one or more of the following: (a) That the money be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court. (b) That all or any part of the money be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900). (c) If the money belonging to the minor does not exceed twenty thousand dollars ($20,000), that the money be held on any other condition that the court in its discretion determines to be in the best interests of the minor. (d) If the money belonging to the minor does not exceed five thousand dollars ($5,000), that all or any part of the money be paid to a parent of the minor, without bond, upon the terms and under the conditions specified in Article 1 (commencing with Section 3400). (e) That the remaining balance of any money paid or to be paid be deposited with the county treasurer, if all of the following conditions are met: (1) The county treasurer has been authorized by the county board of supervisors to handle the deposits. (2) The county treasurer shall receive and safely keep all money deposited with the county treasurer pursuant to this subdivision, shall pay the money out only upon the order of the court, and shall credit each estate with the interest earned by the funds deposited less the county treasurer’s actual cost authorized to be recovered under Section 27013 of the Government Code. (3) The county treasurer and sureties on the official bond of the county treasurer are responsible for the safekeeping and payment of the money. (4) The county treasurer shall ensure that the money deposited is to earn interest or dividends, or both, at the highest rate which the county can reasonably obtain as a prudent investor. (5) Funds so deposited with the county treasurer shall only be invested or deposited in compliance with the provisions governing the investment or deposit of state funds set forth in Chapter 5 (commencing with Section 16640) of Part 2 of Division 4 of Title 2 of the Government Code, the investment or deposit of county funds set forth in Chapter 4 (commencing with Section 53600) of Part 1 of Division 2 of Title 5 of the Government Code, or as authorized under Chapter 6 (commencing with Section 2400) of Part 4. (Amended by Stats. 2004, Ch. 67, Sec. 2. Effective January 1, 2005.)
  37. 350.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says the part may be cited as the Fiduciaries’ Wartime Substitution Law.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 350. This part may be cited as the Fiduciaries’ Wartime Substitution Law. (Enacted by Stats. 1990, Ch. 79.)
  38. 3500.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Compromise by Parent of Minor’s Disputed Claim [3500 - 3505] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A parent may settle a minor’s disputed claim, but the settlement or covenant is effective only after superior court approval.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Compromise by Parent of Minor’s Disputed Claim [3500 - 3505] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 3500. (a) When a minor has a disputed claim for damages, money, or other property and does not have a guardian of the estate, the following persons have the right to compromise, or to execute a covenant not to sue on or a covenant not to enforce judgment on, the claim, unless the claim is against such person or persons: (1) Either parent if the parents of the minor are not living separate and apart. (2) The parent having the care, custody, or control of the minor if the parents of the minor are living separate and apart. (b) The compromise or covenant is valid only after it has been approved, upon the filing of a petition, by the superior court of either of the following counties: (1) The county where the minor resides when the petition is filed. (2) Any county where suit on the claim or matter properly could be brought. (c) Any money or other property to be paid or delivered for the benefit of the minor pursuant to the compromise or covenant shall be paid and delivered in the manner and upon the terms and conditions specified in Chapter 4 (commencing with Section 3600). (d) A parent having the right to compromise the disputed claim of the minor under this section may execute a full release and satisfaction, or execute a covenant not to sue on or a covenant not to enforce judgment on the disputed claim, after the money or other property to be paid or delivered has been paid or delivered as provided in subdivision (c). If the court orders that all or any part of the money to be paid under the compromise or covenant be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, the release and satisfaction or covenant is not effective for any purpose until the money has been deposited as directed in the order of the court. (Enacted by Stats. 1990, Ch. 79.)
  39. 3505.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Compromise by Parent of Minor’s Disputed Claim [3500 - 3505] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court must schedule a hearing on a petition to compromise a minor’s disputed claim within 30 days after filing. If the petition is unopposed, the court must decide it at the end of the hearing.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Compromise by Parent of Minor’s Disputed Claim [3500 - 3505] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 3505. The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant to Section 3500 within 30 days from the date of filing. If the petition is unopposed, the court shall issue a decision on the petition at the conclusion of the hearing. (Added by Stats. 2021, Ch. 214, Sec. 8. (SB 241) Effective January 1, 2022.)
  40. 351.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This article's definitions apply to this part unless the provision or context requires otherwise.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 351. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)
  41. 352.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “consultant” for trust matters.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 352. “Consultant” means a person, other than a trustee, designated in a trust to advise or direct the trustee concerning the trust, or whose consent or approval is required for a purchase, sale, exchange, or other transaction by the trustee, and includes a settlor who reserves the power of a consultant. (Enacted by Stats. 1990, Ch. 79.)
  42. 353.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Estate” is defined to include several kinds of estates and other property subject to a donative transfer.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 353. “Estate” means a trust estate, a decedent’s estate, a guardianship or conservatorship estate, or other property that is the subject of a donative transfer. (Enacted by Stats. 1990, Ch. 79.)
  43. 354.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Interested person” includes someone with a property right or claim against a guardianship, conservatorship, or other estate affected by the proceeding.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 354. “Interested person” means, in addition to the meaning given that term in Section 48, a person having a property right in or claim against a guardianship or conservatorship estate or other estate that may be affected by the proceeding. (Enacted by Stats. 1990, Ch. 79.)
  44. 355.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Original fiduciary” is defined as a fiduciary replaced by a substitute fiduciary or one who makes a delegation of power under this part.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 355. “Original fiduciary” means a fiduciary who is replaced by a substitute fiduciary or who makes a delegation of power under this part. (Enacted by Stats. 1990, Ch. 79.)
  45. 356.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines when a fiduciary or consultant counts as being engaged in war service for this part.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title and Definitions [350 - 356] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 356. A fiduciary or consultant is engaged in war service for the purpose of this part in each of the following cases: (a) Where the person is a member of the armed forces of the United States or like forces of any nation with which the United States is allied or associated in time of war, including all of the following: (1) Members of the Army, Navy, Marine Corps, Air Force, and Coast Guard. (2) Members of the Public Health Service detailed by proper authority for duty with the armed forces. (3) Members of all other organizations or services recognized by the laws of the United States as a part of or auxiliary to the armed forces of the United States. (b) Where the person has been accepted for and is awaiting induction into the armed forces, or is receiving training or education under government supervision preliminary to induction into any of these forces, in time of war. (c) Where the person is engaged, outside the 50 states of the United States, in any work in connection with a governmental agency of the United States or with the American Red Cross or any other body with similar objects operating with the approval and sanction of the government of the United States or of any nation with which the United States is allied or associated in time of war. (d) Where the person is engaged in time of war in service on any ship of United States registry. (e) Where the person is interned or a prisoner of war in a foreign country or in the United States or any possession or dependency of the United States. (f) Where the person is absent from the 50 states of the United States and, due to war conditions, is unable to return freely at his or her own volition. (g) Where the person is engaged in any service in the United States or abroad arising out of or connected with a state of war that the court having jurisdiction of the estate finds prevents the person from giving proper attention to his or her duties. (Enacted by Stats. 1990, Ch. 79.)
  46. 36.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    For this code, “dissolution of marriage” includes divorce.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 36. “Dissolution of marriage” includes divorce. (Enacted by Stats. 1990, Ch. 79.)
  47. 360.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Scope of Part [360 - 361] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says the part applies to all fiduciaries and consultants, including those appointed or acting before, on, or after July 1, 1989.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Scope of Part [360 - 361] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 360. This part applies to all fiduciaries and consultants, whether appointed or acting before, on, or after July 1, 1989. (Enacted by Stats. 1990, Ch. 79.)
  48. 3600.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This chapter applies when a court approves certain compromises, covenants, or judgments involving a minor or person with a disability, and the result provides money or other property for that person’s benefit.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3600. This chapter applies whenever both of the following conditions exist: (a) A court (1) approves a compromise of, or the execution of a covenant not to sue on or a covenant not to enforce judgment on, a minor’s disputed claim, (2) approves a compromise of a pending action or proceeding to which a minor or person with a disability is a party, or (3) gives judgment for a minor or person with a disability. (b) The compromise, covenant, or judgment provides for the payment or delivery of money or other property for the benefit of the minor or person with a disability. (Amended by Stats. 2004, Ch. 67, Sec. 3. Effective January 1, 2005.)
  49. 3601.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court that makes the related order or judgment must also order payment of approved reasonable expenses, including medical expenses, reimbursement, costs, and attorney’s fees, from the money or property for the minor or disabled person’s benefit.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3601. (a) The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that reasonable expenses, medical or otherwise and including reimbursement to a parent, guardian, or conservator, costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or person with a disability. (b) The order required by subdivision (a) may be directed to the following: (1) A parent of the minor, the guardian ad litem, or the guardian of the estate of the minor or the conservator of the estate of the person with a disability. (2) The payer of any money to be paid pursuant to the compromise, covenant, or judgment for the benefit of the minor or person with a disability. (Amended by Stats. 2004, Ch. 67, Sec. 4. Effective January 1, 2005.)
  50. 3602.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section directs how remaining money or property must be handled after expenses are paid, depending on whether there is a guardianship or conservatorship.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3602. (a) If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid, delivered, deposited, or invested as provided in Article 2 (commencing with Section 3610). (b) Except as provided in subdivisions (c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in Section 3600 or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in Section 2456. (c) Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may for good cause shown order one or more of the following: (1) That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court. (2) If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900). (3) That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in Section 3600. This trust shall be revocable by the minor upon attaining 18 years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustee’s accounts and trustee’s bond, as the court determines to be necessary to protect the minor’s interests. (d) Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability. (e) If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (c) shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (f) Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be delivered pursuant to Section 1215 to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing. (Amended by Stats. 2017, Ch. 319, Sec. 59. (AB 976) Effective January 1, 2018.)
  51. 3603.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “person with a disability” for this chapter.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3603. Where reference is made in this chapter to a “person with a disability,” the reference shall be deemed to include the following: (a) A person for whom a conservator may be appointed. (b) Any of the following persons, subject to the provisions of Section 3613: (1) A person who meets the definition of disability as defined in Section 1382c(a)(3) of Title 42 of the United States Code, or as defined in Section 416(i)(1) of Title II of the federal Social Security Act (42 U.S.C. Sec. 401 et seq.) and regulations implementing that act, as set forth in Part 416.905 of Title 20 of the Federal Code of Regulations. (2) A person who meets the definition of disability as defined in paragraphs (1), (2), and (3) of subsection (d) of Section 423 of Title II of the federal Social Security Act (42 U.S.C. Sec. 401 et seq.) and regulations implementing that act, as set forth in Part 404.1505 of Title 20 of the Federal Code of Regulations. (3) A minor who meets the definition of disability, as set forth in Part 416.906 of Title 20 of the Federal Code of Regulations. (4) A person with a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code. (Amended by Stats. 2004, Ch. 67, Sec. 6. Effective January 1, 2005.)
  52. 3604.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    Courts must review and approve special needs trust terms, and the trust must meet this section’s requirements before it can be established or continued.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3604. (a) (1) If a court makes an order under Section 3602 or 3611 that money of a minor or person with a disability be paid to a special needs trust, the terms of the trust shall be reviewed and approved by the court and shall satisfy the requirements of this section. The trust is subject to continuing jurisdiction of the court, and is subject to court supervision to the extent determined by the court. The court may transfer jurisdiction to the court in the proper county for commencement of a proceeding as determined under Section 17005. (2) If the court referred to in subdivision (a) could have made an order under Section 3602 or 3611 to place that money into a special needs trust, but that order was not requested, a parent, guardian, conservator, or other interested person may petition a court that exercises jurisdiction pursuant to Section 800 for that order. In doing so, notice shall be provided pursuant to subdivisions (e) and (f) of Section 3602, or subdivision (c) of Section 3611, and that notice shall be given at least 15 days before the hearing. (b) A special needs trust may be established and continued under this section only if the court determines all of the following: (1) That the minor or person with a disability has a disability that substantially impairs the individual’s ability to provide for the individual’s own care or custody and constitutes a substantial handicap. (2) That the minor or person with a disability is likely to have special needs that will not be met without the trust. (3) That money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the special needs of the minor or person with a disability. (c) If at any time it appears (1) that any of the requirements of subdivision (b) are not satisfied or the trustee refuses without good cause to make payments from the trust for the special needs of the beneficiary, and (2) that the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, or a county or city and county in this state has a claim against trust property, that department, county, or city and county may petition the court for an order terminating the trust. (d) A court order under Section 3602 or 3611 for payment of money to a special needs trust shall include a provision that all statutory liens in favor of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state shall first be satisfied. (Amended by Stats. 2012, Ch. 440, Sec. 55. (AB 1488) Effective September 22, 2012.)
  53. 3605.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    This section requires the trustee to notify specified state and local entities when a special needs trust beneficiary dies or the trust ends, and it sets claim deadlines and consequences.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 1. General Provisions [3600 - 3605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3605. (a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993. (b) While the special needs trust is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state is tolled. Notwithstanding any provision in the trust instrument, at the death of the special needs trust beneficiary or on termination of the trust, the trust property is subject to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state to the extent authorized by law as if the trust property is owned by the beneficiary or is part of the beneficiary’s estate. (c) At the death of the special needs trust beneficiary or on termination of the trust, the trustee shall give notice of the beneficiary’s death or the trust termination, in the manner provided in Section 1215, to all of the following: (1) The State Department of Health Care Services, the State Department of State Hospitals, and the State Department of Developmental Services, addressed to the director of that department at the Sacramento office of the director. (2) Any county or city and county in this state that has made a written request to the trustee for notice, addressed to that county or city and county at the address specified in the request. (d) Failure to give the notice required by subdivision (c) prevents the running of the statute of limitations against the claim of the department, county, or city and county not given the notice. (e) The department, county, or city and county has four months after notice is given in which to make a claim with the trustee. If the trustee rejects the claim, the department, county, or city and county making the claim may petition the court for an order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, directing the trustee to pay the claim. A claim made under this subdivision shall be paid as a preferred claim prior to any other distribution. If trust property is insufficient to pay all claims under this subdivision, the trustee shall petition the court for instructions and the claims shall be paid from trust property as the court deems just. (f) If trust property is distributed before expiration of four months after notice is given without payment of the claim, the department, county, or city and county has a claim against the distributees to the full extent of the claim, or each distributee’s share of trust property, whichever is less. The claim against distributees includes interest at a rate equal to that earned in the Pooled Money Investment Account, Article 4.5 (commencing with Section 16480) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, from the date of distribution or the date of filing the claim, whichever is later, plus other accruing costs as in the case of enforcement of a money judgment. (Amended by Stats. 2012, Ch. 440, Sec. 56. (AB 1488) Effective September 22, 2012.)
  54. 361.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Scope of Part [360 - 361] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This part does not apply where a valid instrument says something different or contrary, or is otherwise inconsistent with this part.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Scope of Part [360 - 361] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 361. This part does not apply to the extent an otherwise valid provision in an instrument provides a different or contrary rule or is otherwise inconsistent with this part. (Enacted by Stats. 1990, Ch. 79.)
  55. 3610.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 2. Disposition of Money or Other Property Where No Guardianship or Conservatorship [3610 - 3613] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    If money or other property is paid or delivered for a minor or a person with a disability and there is no guardianship or conservatorship of the estate, the remaining balance must be handled under this article after court-approved expenses, costs, and fees are paid.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 2. Disposition of Money or Other Property Where No Guardianship or Conservatorship [3610 - 3613] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3610. When money or other property is to be paid or delivered for the benefit of a minor or person with a disability under a compromise, covenant, order or judgment, and there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property (after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601) shall be paid, delivered, deposited, or invested as provided in this article. (Amended by Stats. 2004, Ch. 67, Sec. 8. Effective January 1, 2005.)
  56. 3611.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 2. Disposition of Money or Other Property Where No Guardianship or Conservatorship [3610 - 3613] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    In certain Section 3610 cases, the court may choose among several ways to handle a minor’s or disabled person’s remaining money or property, including appointment of a guardian or conservator, deposit, trust placement, or payment to the person.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 2. Disposition of Money or Other Property Where No Guardianship or Conservatorship [3610 - 3613] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3611. In any case described in Section 3610, the court making the order or giving the judgment referred to in Section 3600 shall, upon application of counsel for the minor or person with a disability, order any one or more of the following: (a) That a guardian of the estate or conservator of the estate be appointed and that the remaining balance of the money and other property be paid or delivered to the person so appointed. (b) That the remaining balance of any money paid or to be paid be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the court, and that the remaining balance of any other property delivered or to be delivered be held on conditions the court determines to be in the best interest of the minor or person with a disability. (c) After a hearing by the court, that the remaining balance of any money and other property be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability. Notice of the time and place of the hearing and a copy of the petition shall be mailed to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing. (d) If the remaining balance of the money to be paid or delivered does not exceed twenty thousand dollars ($20,000), that all or any part of the money be held on any other conditions the court in its discretion determines to be in the best interest of the minor or person with a disability. (e) If the remaining balance of the money and other property to be paid or delivered does not exceed five thousand dollars ($5,000) in value and is to be paid or delivered for the benefit of a minor, that all or any part of the money and the other property be paid or delivered to a parent of the minor, without bond, upon the terms and under the conditions specified in Article 1 (commencing with Section 3400) of Chapter 2. (f) If the remaining balance of the money and other property to be paid or delivered is to be paid or delivered for the benefit of the minor, that all or any part of the money and other property be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900). (g) That the remaining balance of the money and other property be paid or delivered to the trustee of a trust which is created by, or approved of, in the order or judgment referred to in Section 3600. This trust shall be revocable by the minor upon attaining the age of 18 years, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustee’s accounts and trustee’s bond, as the court determines to be necessary to protect the minor’s interests. (h) That the remaining balance of any money paid or to be paid be deposited with the county treasurer, if all of the following conditions are met: (1) The county treasurer has been authorized by the county board of supervisors to handle the deposits. (2) The county treasurer shall receive and safely keep all money deposited with the county treasurer pursuant to this subdivision, shall pay the money out only upon the order of the court, and shall credit each estate with the interest earned by the funds deposited less the county treasurer’s actual cost authorized to be recovered under Section 27013 of the Government Code. (3) The county treasurer and sureties on the official bond of the county treasurer are responsible for the safekeeping and payment of the money. (4) The county treasurer shall ensure that the money deposited is to earn interest or dividends, or both, at the highest rate which the county can reasonably obtain as a prudent investor. (5) Funds so deposited with the county treasurer shall only be invested or deposited in compliance with the provisions governing the investment or deposit of state funds set forth in Chapter 5 (commencing with Section 16640) of Part 2 of Division 4 of Title 2 of the Government Code, the investment or deposit of county funds set forth in Chapter 4 (commencing with Section 53600) of Part 1 of Division 2 of Title 5 of the Government Code, or as authorized under Chapter 6 (commencing with Section 2400) of Part 4. (i) That the remaining balance of the money and other property be paid or delivered to the person with a disability. (Amended by Stats. 2012, Ch. 440, Sec. 57. (AB 1488) Effective September 22, 2012.)
  57. 3612.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 2. Disposition of Money or Other Property Where No Guardianship or Conservatorship [3610 - 3613] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    The court keeps continuing jurisdiction over money or property handled under this article, unless the court orders otherwise; for a qualifying disabled person’s trust, that jurisdiction continues after age 18 until the court terminates it.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 2. Disposition of Money or Other Property Where No Guardianship or Conservatorship [3610 - 3613] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3612. (a) Notwithstanding any other provision of law and except to the extent the court orders otherwise, the court making the order under Section 3611 shall have continuing jurisdiction of the money and other property paid, delivered, deposited, or invested under this article until the minor reaches 18 years of age. (b) Notwithstanding subdivision (a), the trust of an individual who meets the definition of a person with a disability under paragraph (3) of subdivision (b) of Section 3603 and who reaches 18 years of age, shall continue and be under continuing court jurisdiction until terminated by the court. (Amended by Stats. 2004, Ch. 67, Sec. 10. Effective January 1, 2005.)
  58. 3613.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 2. Disposition of Money or Other Property Where No Guardianship or Conservatorship [3610 - 3613] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A court may not make certain orders or judgments for an adult with capacity to consent and no conservator of the estate unless that adult expressly consents.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person [3600 - 3613] ( Heading of Chapter 4 amended by Stats. 2014, Ch. 71, Sec. 137. ) ## ARTICLE 2. Disposition of Money or Other Property Where No Guardianship or Conservatorship [3610 - 3613] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3613. Notwithstanding any other provision of this chapter, a court may not make an order or give a judgment pursuant to Section 3600, 3601, 3602, 3610, or 3611 with respect to an adult who has the capacity within the meaning of Section 812 to consent to the order and who has no conservator of the estate with authority to make that decision , without the express consent of that person. (Added by Stats. 2004, Ch. 67, Sec. 11. Effective January 1, 2005.)
  59. 365.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Procedural Provisions [365 - 366] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    Proceedings under this part must be brought in the court with jurisdiction over the estate, or if none, in any court where jurisdiction of the estate is proper.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Procedural Provisions [365 - 366] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 365. Proceedings under this part are in the court having jurisdiction over the estate or, if none, any court in which jurisdiction of the estate is proper. (Enacted by Stats. 1990, Ch. 79.)
  60. 366.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Procedural Provisions [365 - 366] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    Notice of a hearing under this part must be delivered at least 15 days before the hearing to fiduciaries, consultants, and certain other persons.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [350 - 366] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Procedural Provisions [365 - 366] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 366. Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons: (a) In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (commencing with Section 15800) of Part 3 of Division 9. (b) In the case of a decedent’s estate, as provided in Section 1220, to both of the following: (1) Each known heir whose interest in the estate would be affected by the proceedings. (2) Each known devisee whose interest in the estate would be affected by the proceedings. (c) In the case of a guardianship or conservatorship estate, as provided in Section 1460. (d) In other cases, to any additional interested persons required by the court to receive notice. (Amended by Stats. 2017, Ch. 319, Sec. 7. (AB 976) Effective January 1, 2018.)
  61. 37.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “domestic partner” and says a surviving partner is entitled to surviving-domestic-partner rights if the partnership ended because of death and no Notice of Termination was filed before the decedent’s death.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 37. (a) “Domestic partner” means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code, provided that the domestic partnership has not been terminated pursuant to Section 299 of the Family Code. (b) Notwithstanding Section 299 of the Family Code, if a domestic partnership is terminated by the death of one of the parties and Notice of Termination was not filed by either party prior to the date of death of the decedent, the domestic partner who survives the deceased is a surviving domestic partner, and shall be entitled to the rights of a surviving domestic partner as provided in this code. (Added by Stats. 2001, Ch. 893, Sec. 13. Effective January 1, 2002.)
  62. 370.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Appointment of Substitute Fiduciary [370 - 374] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    If a fiduciary is in war service, the court may appoint a substitute fiduciary, give the cofiduciary the original fiduciary’s powers, suspend the original fiduciary’s powers and duties, or require an accounting.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Appointment of Substitute Fiduciary [370 - 374] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 370. If a fiduciary is engaged in war service, on petition of the fiduciary, a cofiduciary, or an interested person, the court may do any one or more of the following: (a) Appoint a substitute fiduciary. If there is a qualified and acting cofiduciary, the court is not required to appoint a substitute fiduciary but may vest in the cofiduciary the powers of the original fiduciary engaged in war service. (b) Order a suspension of the powers and duties of the original fiduciary for the period the original fiduciary is engaged in war service and until further order of the court. (c) Order an account by the original fiduciary. (Enacted by Stats. 1990, Ch. 79.)
  63. 3700.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 1. Definitions [3700- 3700.] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines several terms used in the chapter.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 1. Definitions [3700- 3700.] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 3700. As used in this chapter: (a) “Absentee” is defined in Section 1403. (b) “Certificate of missing status” means the official written report complying with Section 1283 of the Evidence Code and showing the determination of the secretary of the military department or the head of the department or agency concerned or the delegate of the secretary or head that the absentee is in missing status. (c) “Eligible spouse” means the spouse of an absentee who has not commenced an action or proceeding for judicial or legal separation, annulment, adjudication of nullity, or dissolution of the marriage of the spouse and the absentee. (d) “Family of an absentee” means an eligible spouse, if any, or if no eligible spouse, the child or children of an absentee, equally, or if no child or children, the parent or parents of an absentee, equally, provided these persons are dependents of the absentee as defined in Section 401 of Title 37 of the United States Code, and the guardian of the estate or conservator of the estate of any person bearing such relationship to the absentee. (e) “Secretary concerned” is defined in Section 1440. (Enacted by Stats. 1990, Ch. 79.)
  64. 3701.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A court may, on petition, set aside an absentee’s in-state personal property to the absentee’s family if it is in the absentee’s best interest.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3701. Upon petition as provided in this chapter, the court may set aside to the family of an absentee personal property of the absentee situated in this state for the purpose of managing, controlling, encumbering, selling, or conveying, or otherwise engaging in any transaction with respect to the property, if the court determines that to do so will be in the best interest of the absentee, including the interest of the absentee in providing for shelter, food, health care, education, transportation, or the maintenance of a reasonable and adequate standard of living for the family of the absentee. The absentee’s interest in the property set aside shall not exceed twenty thousand dollars ($20,000). (Enacted by Stats. 1990, Ch. 79.)
  65. 3702.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    Certain people may file a petition asking the court to set aside an absentee’s personal property.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3702. A petition that personal property of an absentee be set aside as provided in this chapter may be filed by any of the following persons: (a) A person in whose favor the personal property of the absentee may be set aside. (b) A person to whom the absentee has issued a general power of attorney while serving in the armed forces of the United States or while an employee of any agency or department of the United States, provided the power of attorney was valid and effective at the time issued, regardless whether it has expired or terminated. (Enacted by Stats. 1990, Ch. 79.)
  66. 3703.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A petition under this chapter must include specific information about the absentee and the property, and it must be accompanied by a certificate of missing status.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3703. (a) The petition shall contain all of the following: (1) A statement that the petition is filed under this chapter. (2) In its caption, the last known military rank or grade and the social security account number of the absentee. (3) A specific description and estimate of the value of all of the absentee’s property, wherever situated (including all sums due the absentee from the United States). (4) A designation of the property to be set aside, and the facts establishing that setting aside the property is necessary and in the best interest of the absentee. (5) If the property is to be set aside for the benefit of the spouse of the absentee, an allegation that the spouse is an eligible spouse. (6) So far as known to the petitioner, the names and addresses of all persons comprising the family of the absentee, and an allegation whether a guardian of the estate or a conservator of the estate of any member of the family of the absentee has been appointed. (b) There shall be attached to the petition a certificate of missing status. The certificate of missing status shall be received as evidence of that fact and the court shall not determine the status of the absentee inconsistent with the status shown in the certificate. (Enacted by Stats. 1990, Ch. 79.)
  67. 3704.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    The petitioner must give notice of the hearing and proceeding at least 15 days before the hearing, using the listed methods.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3704. (a) Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means: (1) By delivery pursuant to Section 1215, together with a copy of the petition, to all persons comprising the family of the absentee. (2) By delivery by a method that would be sufficient for service of summons in a civil action, together with a copy of the petition, to the secretary concerned or to the head of the United States department or agency concerned. (3) By publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proceedings will be held. (b) If notice to an officer or agency of this state or of the United States is required under Section 1461 or 1822 upon petition for appointment of a conservator, notice shall be given of the petition under this chapter. (Amended by Stats. 2017, Ch. 319, Sec. 60. (AB 976) Effective January 1, 2018.)
  68. 3705.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    On hearing the petition, certain people may support or oppose it, and the court may set aside up to $20,000 of the absentee’s California personal property to the family if the petition’s allegations are true and correct. No bond is required from the person receiving the property.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3705. (a) Upon the hearing of the petition, any officer or agency of this state or the United States or the authorized delegate of the officer or agency, or any relative or friend of the absentee, may appear and support or oppose the petition. (b) If the court determines that the allegations of the petition are true and correct, the court may order set aside to the family of the absentee personal property of the absentee situated in this state (excluding any sums due the absentee from the United States) in which the absentee’s interest does not exceed twenty thousand dollars ($20,000). The property set aside shall be specified in the order. (c) No bond shall be required of any person to whom property of the absentee has been set aside by order of the court pursuant to this chapter. (Enacted by Stats. 1990, Ch. 79.)
  69. 3706.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court is not лиш?

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3706. A determination by the court that the value of all of the absentee’s property, wherever situated, exceeds twenty thousand dollars ($20,000) or that the absentee owns or has an interest in real property, wherever situated, does not deprive the court of jurisdiction to set aside to the family of the absentee personal property of the absentee situated in this state in which the absentee’s interest does not exceed twenty thousand dollars ($20,000), and the court shall order set aside such personal property to the family of the absentee if the court finds that all of the other provisions of this chapter have been complied with. The property set aside shall be specified in the order. (Enacted by Stats. 1990, Ch. 79.)
  70. 3707.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Joint-tenancy property held by an absentee counts as the absentee’s property for this chapter, and that interest may be set aside to the absentee’s family only if the family member was also a joint tenant.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3707. For the purposes of this chapter, any property or interest therein or lien thereon that the absentee holds as joint tenant shall be included in determining the property of the absentee and its value. The joint tenancy interest may be set aside to the family of the absentee as provided in this chapter but may only be set aside to a member of the absentee’s family who was a joint tenant with the absentee in the property. (Enacted by Stats. 1990, Ch. 79.)
  71. 3708.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    After an absentee returns or is determined dead, the former absentee or the deceased absentee’s personal representative may seek an accounting of the property set aside.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee [3701 - 3708] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 3708. (a) Within six months after the absentee has returned to the controllable jurisdiction of the military department or civilian agency or department concerned, or within six months after the determination of death of the absentee by the secretary concerned or the head of the department or agency concerned or the delegate of the secretary or head, the former absentee or the personal representative of the deceased absentee may, by motion in the same proceeding, require the person or persons to whom the property of the absentee was set aside to account for the property and the proceeds, if any. The time of return to the controllable jurisdiction of the military department or civilian department or agency concerned or the determination of the time of death of the absentee shall be determined by the court under 37 United States Code, Section 556, or 5 United States Code, Section 5566. An official written report or record of the military department or civilian department or agency that the absentee has returned to its controllable jurisdiction or is deceased shall be received as evidence of that fact. (b) This section does not in any manner derogate the finality and conclusiveness of any order, judgment, or decree previously entered in the proceeding. (Enacted by Stats. 1990, Ch. 79.)
  72. 371.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Appointment of Substitute Fiduciary [370 - 374] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A substitute fiduciary has the same powers as the original fiduciary, except powers the court finds are purely personal to the original fiduciary, and must follow the same duties.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Appointment of Substitute Fiduciary [370 - 374] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 371. A substitute fiduciary has all the powers, including discretionary powers, that the original fiduciary had, except powers that the court determines are purely personal to the original fiduciary, and is subject to the same duties as the original fiduciary. (Enacted by Stats. 1990, Ch. 79.)
  73. 3710.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 3. Management and Disposition of Personal Property of Absentee Without Court Proceeding [3710 - 3712] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The absentee’s family may handle the absentee’s personal property in this state without a court proceeding if the stated conditions are met.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 3. Management and Disposition of Personal Property of Absentee Without Court Proceeding [3710 - 3712] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3710. The family of an absentee may collect, receive, dispose of, or engage in any transaction relating to the absentee’s personal property situated in this state without any judicial proceeding if all the following conditions are satisfied: (a) The absentee owns no real property situated in this state. (b) The aggregate value of all of the absentee’s personal property situated in this state is five thousand dollars ($5,000) or less, excluding any money owed the absentee by the United States. (c) The family of the absentee needs to dispose of such personal property to provide for shelter, food, health care, education, transportation, or the maintenance of a reasonable and adequate standard of living for the family of the absentee. (Enacted by Stats. 1990, Ch. 79.)
  74. 3711.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 3. Management and Disposition of Personal Property of Absentee Without Court Proceeding [3710 - 3712] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The absentee’s family may get the absentee’s property-related interests transferred if Section 3710 applies and they provide a certificate of missing status and an affidavit.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 3. Management and Disposition of Personal Property of Absentee Without Court Proceeding [3710 - 3712] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3711. (a) If the conditions set forth in Section 3710 are satisfied, the family of the absentee may have any evidence of interest, indebtedness, or right attributable to the absentee’s personal property transferred to the family of the absentee, or transferred to the person to whom the property is to be sold or transferred by the family of the absentee, upon furnishing the person (including any governmental body) having custody of the property both of the following: (1) A certificate of missing status. (2) An affidavit stating under oath that the provisions of this article are applicable and that the aggregate value of all property received pursuant to this affidavit, together with all other property previously received under this article, does not exceed five thousand dollars ($5,000). (b) The receipt of a certificate of missing status and affidavit under subdivision (a) constitutes sufficient acquittance for any payment of money or delivery of property made pursuant to this article and fully discharges the recipient from any further liability concerning the money or property without the necessity of inquiring into the truth of any of the facts stated in the affidavit. (Enacted by Stats. 1990, Ch. 79.)
  75. 3712.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 3. Management and Disposition of Personal Property of Absentee Without Court Proceeding [3710 - 3712] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    An absentee’s time to start an action begins on the earlier of two dates: 90 days after returning to the United States after the condition ends, or 2 years after the condition ends.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 3. Management and Disposition of Personal Property of Absentee Without Court Proceeding [3710 - 3712] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 3712. The time within which an absentee may commence an action against any person who executes an affidavit and receives property pursuant to this article commences to run on the earlier of the following dates: (a) Ninety days after the absentee returns to the United States after the termination of the condition that caused the classification of an absentee. (b) Two years after the termination of the condition that caused the classification of an absentee. (Enacted by Stats. 1990, Ch. 79.)
  76. 372.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Appointment of Substitute Fiduciary [370 - 374] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A substitute fiduciary must give a bond, unless the court orders otherwise.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Appointment of Substitute Fiduciary [370 - 374] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 372. Except as otherwise ordered by the court, a substitute fiduciary shall give a bond in the manner and to the extent provided by law for the original fiduciary. (Enacted by Stats. 1990, Ch. 79.)
  77. 3720.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 4. Absentee’s Power of Attorney [3720 - 3722] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A power of attorney executed by an absentee can keep working beyond its stated expiration, and people relying on it with a copy of a missing-status certificate are not liable for that reliance.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 4. Absentee’s Power of Attorney [3720 - 3722] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 3720. If an absentee executed a power of attorney that expires during the period that occasions absentee status, the power of attorney continues in full force and effect until 30 days after the absentee status is terminated. Any person who acts in reliance upon the power of attorney when accompanied by a copy of a certificate of missing status is not liable for relying and acting upon the power of attorney. (Enacted by Stats. 1990, Ch. 79.)
  78. 3721.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 4. Absentee’s Power of Attorney [3720 - 3722] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    For this chapter, an attorney-in-fact or third person is treated as not actually knowing certain facts about an absentee principal.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 4. Absentee’s Power of Attorney [3720 - 3722] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 3721. For the purposes of Chapter 5 (commencing with Section 4300) of Part 2 of Division 4.5, in the case of a principal who is an absentee, an attorney-in-fact or third person shall be deemed to be without actual knowledge of the following: (a) The principal’s death or incapacity while the absentee continues in missing status and until the attorney-in-fact or third person receives notice of the determination of the absentee’s death by the secretary concerned or the head of the department or agency concerned or the delegate of the secretary or head. (b) Revocation by the principal during the period described in subdivision (a). (Added by Stats. 1994, Ch. 307, Sec. 14. Effective January 1, 1995.)
  79. 3722.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 4. Absentee’s Power of Attorney [3720 - 3722] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A spouse who is the attorney-in-fact can lose authority if a dissolution, annulment, or legal-separation proceeding starts, or if a legal separation is ordered.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Property of Absent Federal Personnel [3700 - 3722] ( Heading of Chapter 5 amended by Stats. 1994, Ch. 307, Sec. 13. ) ## ARTICLE 4. Absentee’s Power of Attorney [3720 - 3722] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 3722. If after the absentee executes a power of attorney, the principal’s spouse who is the attorney-in-fact commences a proceeding for dissolution, annulment, or legal separation, or a legal separation is ordered, the attorney-in-fact’s authority is revoked. This section is in addition to the provisions of Sections 4154 and 4697. (Amended by Stats. 1999, Ch. 658, Sec. 26. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  80. 373.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Appointment of Substitute Fiduciary [370 - 374] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    After a fiduciary’s war service ends, the original fiduciary can petition to be reinstated if the estate is still open.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Appointment of Substitute Fiduciary [370 - 374] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 373. After the expiration of an original fiduciary’s war service, if the estate has not been closed, the original fiduciary, on petition, is entitled to reinstatement as fiduciary. On reinstatement, the substitute fiduciary may, in the discretion of the court, be removed and may be discharged on conditions prescribed by the court. (Enacted by Stats. 1990, Ch. 79.)
  81. 374.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Appointment of Substitute Fiduciary [370 - 374] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A substitute fiduciary, or an original fiduciary reinstated under Section 373, is not liable for the predecessor fiduciary’s acts or omissions.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Appointment of Substitute Fiduciary [370 - 374] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 374. A substitute fiduciary or an original fiduciary reinstated under Section 373 is not liable for the acts or omissions of the predecessor fiduciary. (Enacted by Stats. 1990, Ch. 79.)
  82. 38.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Family allowance” is defined as an allowance provided for in Chapter 4 (starting with Section 6540) of Part 3 of Division 6.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 38. “Family allowance” means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6. (Enacted by Stats. 1990, Ch. 79.)
  83. 380.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Delegation by Fiduciary [380 - 383] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A fiduciary engaged in war service may delegate powers to a fiduciary who is not engaged in war service, but the delegation needs court approval and is time-limited.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Delegation by Fiduciary [380 - 383] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 380. (a) A fiduciary who is or will be engaged in war service may delegate the fiduciary’s powers, including discretionary powers, to a fiduciary who is not engaged in war service. Delegation may be made for the period during which the original fiduciary is engaged in war service and not to exceed six months following the expiration of that period. (b) Approval of the court, on petition of the original fiduciary, the delegate, or an interested person, is required for delegation. (Enacted by Stats. 1990, Ch. 79.)
  84. 3800.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Removal of Property of Nonresident [3800 - 3803] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A qualified nonresident fiduciary may seek removal of the nonresident’s property to the place of residence, and the petition must be filed in the proper superior court county. If a conservatorship was transferred to another state, the foreign conservator may remove the conservatee’s personal property from this state without filing a petition under this chapter.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Removal of Property of Nonresident [3800 - 3803] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 3800. (a) If a nonresident has a duly appointed, qualified, and acting guardian, conservator, committee, or comparable fiduciary in the place of residence and if no proceeding for guardianship or conservatorship of the nonresident is pending or contemplated in this state, the nonresident fiduciary may petition to have property owned by the nonresident removed to the place of residence. (b) The petition for removal of property of the nonresident shall be filed in the superior court of the county in which the nonresident is or has been temporarily present or in which the property of the nonresident, or the principal part thereof, is located. (c) If a conservatorship was transferred from this state to another state pursuant to Article 3 (commencing with Section 2001) of Chapter 8 of Part 3, the foreign conservator may remove the conservatee’s personal property from this state without seeking a petition under this chapter. (Amended by Stats. 2014, Ch. 553, Sec. 27. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
  85. 3801.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Removal of Property of Nonresident [3800 - 3803] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A petition must be given 15 days’ notice by delivery to specified persons, and the court may require any additional notice.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Removal of Property of Nonresident [3800 - 3803] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 3801. (a) The petition shall be made upon 15 days’ notice, by delivery pursuant to Section 1215, to all of the following persons: (1) The personal representative or other person in whose possession the property may be. (2) Persons in this state, known to the petitioner, who are obligated to pay a debt, perform an obligation, or issue a security to the nonresident or the estate of the nonresident. (b) The petition shall be made upon additional notice, if any, as the court may order. (Amended by Stats. 2017, Ch. 319, Sec. 61. (AB 976) Effective January 1, 2018.)
  86. 3802.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Removal of Property of Nonresident [3800 - 3803] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A nonresident fiduciary must file specified certificates, and foreign-country certificates need a qualifying final statement.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Removal of Property of Nonresident [3800 - 3803] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 3802. (a) The nonresident fiduciary shall produce and file one of the following certificates: (1) A certificate that the fiduciary is entitled, by the laws of the place of appointment of the fiduciary, to the possession of the estate of the nonresident. The certificate shall be under the hand of the clerk and seal of the court from which the appointment of the fiduciary was derived and shall show a transcript of the record of appointment and that the fiduciary has entered upon the discharge of the duties of the fiduciary. (2) A certificate that the fiduciary is entitled, by the laws of the place of residence, to custody of the estate of the nonresident, without the appointment of any court. The certificate shall be under the hand of the clerk and seal of either (i) the court in the place of residence having jurisdiction of estates of persons that have a guardian, conservator, committee, or comparable fiduciary or (ii) the highest court in the place of residence. (b) In the case of a foreign country, the certificate shall be accompanied by a final statement certifying the genuineness of the signature and official position of (1) the court clerk making the original certificate or (2) any foreign official who has certified either the genuineness of the signature and official position of the court clerk making the original certificate or the genuineness of the signature and official position of another foreign official who has executed a similar certificate in a chain of such certificates beginning with a certificate of the genuineness of the signature and official position of the clerk making the original certificate. The final statement may be made only by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. (Enacted by Stats. 1990, Ch. 79.)
  87. 3803.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Removal of Property of Nonresident [3800 - 3803] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court must allow a nonresident fiduciary to remove a nonresident’s property to the person’s place of residence if the listed conditions are met and no good cause against it is shown.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 8. OTHER PROTECTIVE PROCEEDINGS [3300 - 3803] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Removal of Property of Nonresident [3800 - 3803] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 3803. (a) Upon the petition, if the court determines that removal of the property will not conflict with any restriction or limitation on the property or impair the right of the nonresident to the property or the rights of creditors or claimants in this state, the court shall make an order granting to the nonresident fiduciary leave to remove the property of the nonresident to the place of residence unless good cause to the contrary is shown. (b) The order is authority to the fiduciary to sue for and receive the property in his or her own name for the use and benefit of the nonresident. (c) The order is a discharge of the personal representative or other person in whose possession the property may be at the time the order is made and of the person obligated to pay a debt, perform an obligation, or issue a security to the nonresident or the estate of the nonresident, upon filing with the clerk of the court the receipt of the nonresident fiduciary for the property and transmitting a duplicate receipt, or a certified copy of the receipt, to the court, if any, from which the nonresident fiduciary received his or her appointment. (Enacted by Stats. 1990, Ch. 79.)
  88. 381.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Delegation by Fiduciary [380 - 383] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A fiduciary’s right to delegate does not apply when the court determines the powers are purely personal to that fiduciary.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Delegation by Fiduciary [380 - 383] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 381. The right of delegation does not exist to the extent the court determines that powers to be delegated are purely personal to the original fiduciary. (Enacted by Stats. 1990, Ch. 79.)
  89. 382.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Delegation by Fiduciary [380 - 383] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    After the original fiduciary’s war service ends, the court may let that fiduciary resume fiduciary functions, and the delegated powers stop.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Delegation by Fiduciary [380 - 383] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 382. After the expiration of the original fiduciary’s war service, the court may, on petition of the original fiduciary, authorize the original fiduciary to resume the exercise of the fiduciary functions, and the delegated powers cease. (Enacted by Stats. 1990, Ch. 79.)
  90. 383.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Delegation by Fiduciary [380 - 383] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The original fiduciary is not liable for the delegate’s acts or omissions.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Delegation by Fiduciary [380 - 383] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 383. The original fiduciary is not liable for the acts or omissions of the delegate. (Enacted by Stats. 1990, Ch. 79.)
  91. 385.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Delegation by Consultant [385 - 388] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A consultant in war service may delegate the consultant’s powers, including discretionary powers, to a qualified coconsultant or the trustee administering the trust, unless the court treats the powers as purely personal.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Delegation by Consultant [385 - 388] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 385. (a) A consultant who is or will be engaged in war service may delegate the powers of the consultant, including discretionary powers, to a coconsultant who is not engaged in war service, or to the trustee administering the trust. The procedure for delegation by a fiduciary governs delegation by a consultant. (b) The right of delegation does not exist to the extent the court determines that powers to be delegated are purely personal to the consultant. These powers are suspended until their exercise is resumed pursuant to this article. (Enacted by Stats. 1990, Ch. 79.)
  92. 386.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Delegation by Consultant [385 - 388] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a consultant is in war service and has not delegated the consultant’s powers, the court may suspend those powers or give them to another qualified person.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Delegation by Consultant [385 - 388] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 386. If a consultant who is engaged in war service does not delegate the consultant’s powers, the court, on petition of the trustee or an interested person, may do either of the following: (a) Suspend the consultant’s powers for the period of the consultant’s war service and not to exceed six months following the expiration of that period. (b) Confer the powers, except discretionary powers that the court determines are purely personal to the consultant, on a coconsultant designated in the trust, the trustee, or any other qualified person. (Enacted by Stats. 1990, Ch. 79.)
  93. 387.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Delegation by Consultant [385 - 388] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a consultant’s powers were delegated or suspended, the court may let the consultant resume functions if the consultant petitions within six months after war service ends.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Delegation by Consultant [385 - 388] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 387. If a consultant has delegated or the court has suspended the powers of the consultant, the court may, on petition by the consultant within six months following the expiration of the period of the consultant’s war service, authorize the consultant to resume the exercise of the consultant’s functions. All powers delegated to or conferred on other persons thereupon cease. (Enacted by Stats. 1990, Ch. 79.)
  94. 388.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Delegation by Consultant [385 - 388] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A consultant who delegates powers under this article is not liable for the delegate’s acts or omissions.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350 - 388] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Delegation of Powers [380 - 388] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Delegation by Consultant [385 - 388] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 388. A consultant who delegates powers under this article is not liable for the acts or omissions of the delegate. (Enacted by Stats. 1990, Ch. 79.)
  95. 39.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Fiduciary” is defined to include several kinds of legal representatives, such as a personal representative, trustee, guardian, conservator, attorney-in-fact, or custodian.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 39. “Fiduciary” means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. (Amended by Stats. 1997, Ch. 724, Sec. 2. Effective January 1, 1998.)
  96. 3900.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section gives Part 9 the short title “California Uniform Transfers to Minors Act.”

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3900. This part may be cited as the “California Uniform Transfers to Minors Act.” (Enacted by Stats. 1990, Ch. 79.)
  97. 3901.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines key terms used in the part on transfers to minors.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3901. In this part: (a) “Adult” means an individual who has attained the age of 18 years. (b) “Benefit plan” means an employer’s plan for the benefit of an employee or partner. (c) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others. (d) “Conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor’s property or a person legally authorized to perform substantially the same functions. (e) “Court” means the superior court. (f) “Custodial property” means (1) any interest in property transferred to a custodian under this part and (2) the income from and proceeds of that interest in property. (g) “Custodian” means a person so designated under Section 3909 or a successor or substitute custodian designated under Section 3918. (h) “Financial institution” means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law or an industrial loan company licensed and supervised under the laws of this state. (i) “Legal representative” means an individual’s personal representative or conservator. (j) “Member of the minor’s family” means the minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (k) “Minor” means: (1) Except as provided in paragraph (2), an individual who has not attained the age of 18 years. (2) When used with reference to the beneficiary for whose benefit custodial property is held or is to be held, an individual who has not attained the age at which the custodian is required under Sections 3920 and 3920.5 to transfer the custodial property to the beneficiary. (l) “Person” means an individual, corporation, organization, or other legal entity. (m) “Personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions. (n) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (o) “Transfer” means a transaction that creates custodial property under Section 3909. (p) “Transferor” means a person who makes a transfer under this part. (q) “Trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. (Enacted by Stats. 1990, Ch. 79.)
  98. 3902.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says when the part applies to a transfer, when the custodianship stays under this part, and that a custodian is subject to personal jurisdiction in this state.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3902. (a) This part applies to a transfer that refers to this part in the designation under subdivision (a) of Section 3909 by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this part despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state. (b) A person designated as custodian under this part is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship. (c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state. (Enacted by Stats. 1990, Ch. 79.)
  99. 3903.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A person who can designate who receives certain future-transfer property may nominate a custodian for a minor beneficiary, and that nomination can also name substitute custodians.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3903. (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: “as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act.” The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights. (b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under subdivision (a) of Section 3909. (c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Section 3909. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective, and the custodian shall enforce a transfer of the custodial property pursuant to Section 3909. (Enacted by Stats. 1990, Ch. 79.)
  100. 3904.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A person may transfer property to a custodian for a minor by irrevocable gift or by irrevocable exercise of a power of appointment, subject to Section 3909.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3904. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to Section 3909. (Enacted by Stats. 1990, Ch. 79.)
  101. 3905.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative or trustee may transfer property to a custodian for a minor, and must follow the nominated custodian if one was named; otherwise they must choose an eligible custodian.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3905. (a) A personal representative or trustee may make an irrevocable transfer pursuant to Section 3909 to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has nominated a custodian under Section 3903 to receive the custodial property, the transfer shall be made to that person. (c) If the testator or settlor has not nominated a custodian under Section 3903, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subdivision (a) of Section 3909. (Enacted by Stats. 1990, Ch. 79.)
  102. 3906.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Certain personal representatives, trustees, and conservators may make irrevocable transfers to a custodian for a minor, but only if the stated conditions are met.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3906. (a) Subject to subdivision (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to Section 3909, in the absence of a will or under a will or trust that does not contain an authorization to do so. (b) Subject to subdivision (c), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 3909. (c) A transfer under subdivision (a) or (b) may be made only if all of the following requirements are satisfied: (1) The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor. (2) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument. For the purposes of this subdivision, a spendthrift provision (such as that described in Section 15300) shall not prohibit or be inconsistent with the transfer. (3) The transfer is authorized by the court if it exceeds ten thousand dollars ($10,000) in value; provided, however, that such court authorization shall not be required when the transfer is to a custodian who is either (A) a trust company or (B) an individual designated as a trustee by the terms of a trust instrument which does not require a bond. (Amended by Stats. 1996, Ch. 862, Sec. 13. Effective January 1, 1997.)
  103. 3907.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section lets certain people transfer a minor’s property or a debt owed to a minor to a custodian, with rules for who must receive the transfer and when an alternate recipient may be used.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3907. (a) Subject to subdivisions (b) and (c), a person not subject to Section 3905 or 3906 who holds property of, or owes a liquidated debt to, a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Section 3909. (b) If a person having the right to do so under Section 3903 has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person. (c) If no custodian has been nominated under Section 3903, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds ten thousand dollars ($10,000) in value. (Enacted by Stats. 1990, Ch. 79.)
  104. 3908.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A custodian’s written acknowledgment of delivery counts as a sufficient receipt and discharge for custodial property transferred under this part.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3908. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this part. (Enacted by Stats. 1990, Ch. 79.)
  105. 3909.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says custodial property is created when specified transfers are made, and the transferor must place the custodian in control of the property as soon as practicable.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3909. (a) Custodial property is created and a transfer is made whenever any of the following occurs: (1) An uncertificated security or a certificated security in registered form is either: (A) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:“as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act.” (B) Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subdivision (b). (2) Money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act.” (3) The ownership of a life or endowment insurance policy or annuity contract is either: (A) Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:“as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act.” (B) Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words:“as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act.” (4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words:“as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act.” (5) An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:“as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act.” (6) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: (A) Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:“as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act.” (B) Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words:“as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act.” (7) An interest in any property not described in paragraphs (1) through (6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subdivision (b). (b) An instrument in the following form satisfies the requirements of subparagraph (B) of paragraph (1) and paragraph (7) of subdivision (a): “TRANSFER UNDER THE CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT I, (Name of Transferor or Name and Representative Capacity if a Fiduciary) hereby transfer to _____ (Name of Custodian) _____ , as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it). Dated: _________________ _____ (Signature) _____ (Name of Custodian) acknowledges receipt of the property described above as custodian for the minor named above under the California Uniform Transfers to Minors Act. Dated: _________________ _____ (Signature of Custodian) _____ ” (c) A transferor shall place the custodian in control of the custodial property as soon as practicable. (Amended by Stats. 1991, Ch. 1055, Sec. 17.)
  106. 3910.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A transfer under this section may be made only for one minor, and only one person may serve as custodian.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3910. A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this part by the same custodian for the benefit of the same minor constitutes a single custodianship. (Enacted by Stats. 1990, Ch. 79.)
  107. 3911.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    This section says certain defects do not affect a transfer under the act, the transfer is irrevocable, the custodial property vests in the minor, and the custodian gets the rights and powers provided here.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3911. (a) The validity of a transfer made in a manner prescribed in this part is not affected by any of the following: (1) Failure of the transferor to comply with subdivision (c) of Section 3909. (2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subdivision (a) of Section 3909. (3) Death or incapacity of a person nominated under Section 3903 or designated under Section 3909 as custodian, or the disclaimer of the office by that person. (b) A transfer made pursuant to Section 3909 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this part, and neither the minor nor the minor’s legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this part. (c) By making a transfer, the transferor incorporates in the disposition all the provisions of this part and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this part. (d) A person is not precluded from being a custodian for a minor under this part with respect to some property because the person is a conservator of the minor with respect to other property. (e) A person who is the conservator of the minor is not precluded from being a custodian for a minor under this part because the custodial property has or will be transferred to the custodian from the guardianship estate of the minor. In such case, for the purposes of Section 3909, the custodian shall be deemed to be “an adult other than the transferor.” (f) In the cases described in subdivisions (d) and (e), with respect to the property transferred to the custodian, this part applies to the extent it would apply if the person to whom the custodial property is transferred were not and had not been a conservator of the minor. (Enacted by Stats. 1990, Ch. 79.)
  108. 3912.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    A custodian must control, manage, keep separate, and keep records for custodial property, and may take certain investment and retention actions subject to stated conditions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3912. (a) A custodian shall do all of the following: (1) Take control of custodial property. (2) Register or record title to custodial property if appropriate. (3) Collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries except that: (1) If a custodian is not compensated for his or her services, the custodian is not liable for losses to custodial property unless they result from the custodian’s bad faith, intentional wrongdoing, or gross negligence, or from the custodian’s failure to maintain the standard of prudence in investing the custodial property provided in this section. (2) A custodian, in the custodian’s discretion and without liability to the minor or the minor’s estate, may retain any custodial property received from a transferor. (c) A custodian may invest in or pay premiums on life insurance or endowment policies on (1) the life of the minor only if the minor or the minor’s estate is the sole beneficiary or (2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor’s estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary. (d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor’s interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words:“as a custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act.” (e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor’s tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years. (Enacted by Stats. 1990, Ch. 79.)
  109. 3913.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    A custodian has the same rights, powers, and authority over custodial property as an unmarried adult owner, but only while acting in a custodial capacity.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3913. (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (b) This section does not relieve a custodian from liability for breach of Section 3912. (Enacted by Stats. 1990, Ch. 79.)
  110. 3914.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    A custodian may use custodial property for the minor’s benefit, and a court may order additional use on petition in some cases.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3914. (a) A custodian may deliver or pay to the minor or expend for the minor’s benefit as much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (1) the duty or ability of the custodian personally, or of any other person, to support the minor or (2) any other income or property of the minor which may be applicable or available for that purpose. (b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor. (c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect, any obligation of a person to support the minor. (d) In lieu of the powers and duties described in subdivision (a), a transferor who is also the custodian may elect to govern his or her custodial powers and duties under this subdivision. If such election is made, the custodian shall not pay over to the minor for expenditure by the minor, and shall not expend for the minor’s use or benefit, any part of the custodial property for any purpose prior to the time specified in Section 3920, except by order of the court upon a showing that the expenditure is necessary for the support, maintenance, or education of the minor. When the powers and duties of the custodian are governed by this subdivision, the transferor-custodian shall file with the clerk of the court a declaration in substantially the following form: Declaration Under the California Uniform Transfers to Minors Act I, _____ (Name of Transferor-Custodian) _____ , as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act, hereby irrevocably elect to be governed under subdivision (d) of Section 3914 of the Probate Code in my custodial capacity over the following described property _____ (Description of Custodial Property) _____ . I declare under penalty of perjury that the foregoing is true and correct. Dated: ____________, 19___ _____ (Signature of Transferor-Custodian) _____ (Enacted by Stats. 1990, Ch. 79.)
  111. 3915.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    A custodian may be reimbursed for reasonable expenses, may elect once each calendar year to charge reasonable compensation (unless the custodian is a transferor under Section 3904), and generally does not have to give a bond.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3915. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. (b) Except for one who is a transferor under Section 3904, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year. (c) Except as provided in subdivision (f) of Section 3918, a custodian need not give a bond. (Enacted by Stats. 1990, Ch. 79.)
  112. 3916.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    A third person may deal with a purported transferor or custodian in good faith and without a court order.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3916. A third person in good faith and without court order may act on the instructions of, or otherwise deal with, any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining any of the following: (a) The validity of the purported custodian’s designation. (b) The propriety of, or the authority under this part for, any act of the purported custodian. (c) The validity or propriety under this part of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian. (d) The propriety of the application of any property of the minor delivered to the purported custodian. (Enacted by Stats. 1990, Ch. 79.)
  113. 3917.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    Claims tied to custodial property may be pursued against the custodian in that custodial capacity, and the custodian and minor generally are not personally liable except in stated fault or disclosure situations.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3917. (a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor. (b) A custodian is not personally liable for either of the following: (1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract. (2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault. (c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. (Enacted by Stats. 1990, Ch. 79.)
  114. 3918.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    This section lets custodians, transferors, minors in some cases, and courts handle successor custodians, resignation, notice, and removal procedures.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3918. (a) A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part 8 (commencing with Section 260) of Division 2 to the person who made the nomination or to the transferor or the transferor’s legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Section 3903, the person who made the nomination may nominate a substitute custodian under Section 3903; otherwise the transferor or the transferor’s legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subdivision (a) of Section 3909. The custodian so designated has the rights of a successor custodian. (b) A custodian at any time may designate a trust company or an adult other than a transferor under Section 3904 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either (1) shall be made in the same transaction and by the same document by which the transfer is made or (2) shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made. The designation is made by setting forth the successor custodian’s name, followed in substance by the words: “is designated [first, second, etc., where applicable] successor custodian.” A successor custodian designated by the transferor may be a trust company or an adult other than a transferor under Section 3904. A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian. (c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian. (d) If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minor’s family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor’s family, or any other interested person may petition the court to designate a successor custodian. (e) A custodian who declines to serve under subdivision (a) or resigns under subdivision (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received. (f) A transferor, the legal representative of a transferor, an adult member of the minor’s family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 3904 or to require the custodian to give appropriate bond. (g) At least 15 days before the hearing on a petition under subdivision (d) or (f), the petitioner shall deliver notice pursuant to Section 1215 to each of the following persons: (1) The minor. (2) The parent or parents of the minor. (3) The transferor. (h) Upon consideration of the petition under subdivision (d) or (f), the court may grant the relief that the court finds to be in the best interests of the minor. (Amended by Stats. 2017, Ch. 319, Sec. 62. (AB 976) Effective January 1, 2018.)
  115. 3919.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    Several listed people may ask the court for an accounting from a custodian, and the court can order an accounting or, if a custodian is removed, require transfer of the property and records to the successor custodian.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3919. (a) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court for any of the following: (1) An accounting by the custodian or the custodian’s legal representative. (2) A determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Section 3917 to which the minor or the minor’s legal representative was a party. (b) A successor custodian may petition the court for an accounting by the predecessor custodian. (c) The court, in a proceeding under this part or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account. (d) If a custodian is removed under subdivision (f) of Section 3918, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. (e) The right to petition for an accounting shall continue for one year after the filing of a final accounting by the custodian or the custodian’s legal representative and delivery of the custodial property to the minor or the minor’s estate. (Enacted by Stats. 1990, Ch. 79.)
  116. 3920.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    The custodian must transfer the custodial property to the minor or the minor’s estate when the earliest listed event happens.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3920. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of the following: (a) The minor’s attainment of 18 years of age unless the time of transfer of the custodial property to the minor is delayed under Section 3920.5 to a time after the time the minor attains the age of 18 years. (b) The time specified in the transfer pursuant to Section 3909 if the time of transfer of the custodial property to the minor is delayed under Section 3920.5 to a time after the time the minor attains the age of 18 years. (c) The minor’s death. (Enacted by Stats. 1990, Ch. 79.)
  117. 3920.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    This section lets the transfer of custodial property to a minor be delayed to a later specified time, but only within the age limits and conditions stated here.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3920.5. (a) Subject to the requirements and limitations of this section, the time for transfer to the minor of custodial property transferred under or pursuant to Section 3903, 3904, 3905, or 3906, may be delayed until a specified time after the time the minor attains the age of 18 years, which time shall be specified in the transfer pursuant to Section 3909. (b) To specify a delayed time for transfer to the minor of the custodial property, the words “as custodian for _____ (Name of Minor) _____ until age _____ (Age for Delivery of Property to Minor) _____ under the California Uniform Transfers to Minors Act” shall be substituted in substance for the words “as custodian for _____ (Name of Minor) _____ under the California Uniform Transfers to Minors Act” in making the transfer pursuant to Section 3909. (c) The time for transfer to the minor of custodial property transferred under or pursuant to Section 3903 or 3905 may be delayed under this section only if the governing will or trust or nomination provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor attains 25 years of age, and in that case the governing will or trust or nomination shall determine the time to be specified in the transfer pursuant to Section 3909. (d) The time for transfer to the minor of custodial property transferred by the irrevocable exercise of a power of appointment under Section 3904 may be delayed under this section only if the transfer pursuant to Section 3909 provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor attains 25 years of age. (e) The time for transfer to the minor of custodial property transferred by irrevocable gift under Section 3904 may be delayed under this section only if the transfer pursuant to Section 3909 provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor attains 21 years of age. (f) The time for transfer to the minor of custodial property transferred by a trustee under Section 3906 may be delayed under this section only if the transfer pursuant to Section 3909 provides that the custodianship is to continue until a specified time not later than the time the minor attains 25 years of age or the time of termination of all present beneficial interests of the minor in the trust from which the custodial property was transferred, whichever is to occur first. (g) If the transfer pursuant to Section 3909 does not specify any age, the time for the transfer of the custodial property to the minor under Section 3920 is the time when the minor attains 18 years of age. (h) If the transfer pursuant to Section 3909 provides in substance that the duration of the custodianship is for a time longer than the maximum time permitted by this section for the duration of a custodianship created by that type of transfer, the custodianship shall be deemed to continue only until the time the minor attains the maximum age permitted by this section for the duration of a custodianship created by that type of transfer. (Amended by Stats. 1996, Ch. 862, Sec. 14. Effective January 1, 1997.)
  118. 3921.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    Petitions filed under this part must be heard in the superior court of the proper county.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3921. Subject to the power of the court to transfer actions and proceedings as provided in the Code of Civil Procedure, a petition filed under this part shall be heard and proceedings thereon held in the superior court in the proper county, which shall be determined as follows: (a) If the minor resides in this state, in either of the following counties: (1) Where the minor resides. (2) Where the custodian resides. (b) If the minor does not reside within this state, in any of the following counties: (1) Where the transferor resides. (2) Where the custodian resides. (3) Where the estate of a deceased or legally incapacitated custodian is being administered. (4) Where a parent of the minor resides. (c) If neither the minor, nor the transferor, nor any parent resides within this state, and no estate of a deceased or legally incapacitated custodian is being administered within this state, in any county. (Enacted by Stats. 1990, Ch. 79.)
  119. 3922.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

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    This section says Part 9 applies to certain transfers within Section 3902 scope made on or after January 1, 1985, if they were treated as made under the California Uniform Gifts to Minors Act or if the instrument uses similar custodianship wording and applying this part is needed to validate the transfer.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3922. This part applies to a transfer within the scope of Section 3902 made on or after January 1, 1985, if either of the following requirements is satisfied: (a) The transfer purports to have been made under the California Uniform Gifts to Minors Act. (b) The instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this part is necessary to validate the transfer. (Enacted by Stats. 1990, Ch. 79.)
  120. 3923.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines a former law name and validates certain pre-1985 custodial-property transfers, with exceptions for constitutionally vested rights.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3923. (a) As used in this section, “California Uniform Gifts to Minors Act” means former Article 4 (commencing with Section 1154) of Chapter 3 of Title 4 of Part 4 of Division 2 of the Civil Code. (b) Any transfer of custodial property, as now defined in this part, made before January 1, 1985, is validated, notwithstanding that there was no specific authority in the California Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. (c) This part applies to all transfers made before January 1, 1985, in a manner and form prescribed in the California Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights. (d) To the extent that this part, by virtue of subdivision (c), does not apply to transfers made in a manner prescribed in the California Uniform Gifts to Minors Act or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the California Uniform Gifts to Minors Act does not affect those transfers or those powers, duties, and immunities. (Enacted by Stats. 1990, Ch. 79.)
  121. 3925.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This part is not the only way to make gifts or other transfers to minors.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 9. CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT [3900 - 3925] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## 3925. This part shall not be construed as providing an exclusive method for making gifts or other transfers to minors. (Enacted by Stats. 1990, Ch. 79.)
  122. 4.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Headings in this code do not change the meaning, scope, or intent of its provisions.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 4. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1990, Ch. 79.)
  123. 40.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “financial institution” to include certain banks, savings and loan associations, credit unions, or similar organizations.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 40. “Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization. (Enacted by Stats. 1990, Ch. 79.)
  124. 400.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The Controller must appoint at least one probate referee in each county. If a county has fewer than three qualified applicants, the Controller may appoint someone from another county or make an interim appointment until the vacancy is filled.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 400. (a) The Controller shall appoint at least one person in each county to act as a probate referee for the county. (b) If there are fewer than three qualified applicants to serve in a county, the Controller may designate a probate referee from another county or make an interim appointment, to serve until the vacancy has been filled by a qualified applicant. (Enacted by Stats. 1990, Ch. 79.)
  125. 4000.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    This division may be cited as the Power of Attorney Law.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4000. This division may be cited as the Power of Attorney Law. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  126. 4001.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform Durable Power of Attorney Act.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4001. Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform Durable Power of Attorney Act. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  127. 401.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A person who passes the qualification examination may be eligible for appointment for five years from the examination date.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 401. (a) Appointment shall be from among persons passing a qualification examination. A person who passes the examination is eligible for appointment for a period of five years from the date of the examination. (b) Appointment shall be on the basis of merit without regard to sex, race, religious creed, color, national origin, ancestry, marital status, or political affiliation. (Enacted by Stats. 1990, Ch. 79.)
  128. 4010.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    This chapter’s definitions apply to the division unless the provision or context requires a different reading.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4010. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  129. 4014.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    This section defines “attorney-in-fact” as a person authorized to act for the principal under a power of attorney, including certain successors, alternates, and delegated persons.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4014. (a) “Attorney-in-fact” means a person granted authority to act for the principal in a power of attorney, regardless of whether the person is known as an attorney-in-fact or agent, or by some other term. (b) “Attorney-in-fact” includes a successor or alternate attorney-in-fact and a person delegated authority by an attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  130. 4018.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    “Durable power of attorney” is defined as a power of attorney that meets the durability requirements in Section 4124.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4018. “Durable power of attorney” means a power of attorney that satisfies the requirements for durability provided in Section 4124. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  131. 402.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The Controller sets the time and place of the probate referee qualification exam, may use another agency to run it, applicants must pay a fee, and the administering agency must send the Controller the passing-candidate list.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 402. (a) The qualification examination for applicants for appointment to act as a probate referee shall be held at times and places within the state determined by the Controller. (b) The Controller may contract with another agency to administer the qualification examination. Administration of the examination shall include: (1) Development of standards for passage of the examination. (2) Preparation of examination questions. (3) Giving the examination. (4) Scoring the examination. (c) Each applicant shall pay a fee for taking the qualification examination. The agency administering the examination shall transmit to the Controller a list of candidates who have received a passing score in the examination. The list is a public record. (Enacted by Stats. 1990, Ch. 79.)
  132. 4022.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A power of attorney is a written document, whatever it is called, that a competent natural person signs and that gives authority to an attorney-in-fact.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4022. “Power of attorney” means a written instrument, however denominated, that is executed by a natural person having the capacity to contract and that grants authority to an attorney-in-fact. A power of attorney may be durable or nondurable. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  133. 4026.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    This section defines “principal” as a natural person who executes a power of attorney.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4026. “Principal” means a natural person who executes a power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  134. 403.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Probate referees serve four-year terms that expire on June 30; some may fill unexpired terms, and eligible former referees may be reappointed within five years after expiration.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 403. (a) The term of office of a probate referee is four years, expiring June 30. A person may be appointed to complete the unexpired term of office of a probate referee whose appointment is revoked or is otherwise terminated. For a period of five years from the date of expiration of the term of office, a person who had been appointed to act as a probate referee is eligible for reappointment. (b) If the Controller increases the number of probate referees in a county, the Controller shall stagger the terms of the new appointees so that one-quarter, or as close to one-quarter as possible, of the terms of the probate referees in that county expire on June 30 of each succeeding year. (Enacted by Stats. 1990, Ch. 79.)
  135. 4030.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A “springing power of attorney” is one that becomes effective later, when a stated future time, event, or contingency happens.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4030. “Springing power of attorney” means a power of attorney that by its terms becomes effective at a specified future time or on the occurrence of a specified future event or contingency, including, but not limited to, the subsequent incapacity of the principal. A springing power of attorney may be a durable power of attorney or a nondurable power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  136. 4034.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    This section defines “third person” as anyone other than the principal or the attorney-in-fact.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. Short Title and Definitions [4000 - 4034] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4034. “Third person” means any person other than the principal or attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  137. 404.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    The Controller must establish standards for probate referees and may amend them. The Controller may also revoke a probate referee appointment for noncompliance with those standards.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 404. (a) The Controller shall establish and may amend standards of training, performance, and ethics of probate referees. The standards are a public record. (b) The Controller may revoke the appointment of a person to act as a probate referee for noncompliance with any standard of training, performance, or ethics established under subdivision (a). The Controller may revoke an appointment under this subdivision without notice or a hearing, but the revocation is subject to review by writ of mandate in a court of competent jurisdiction. (Enacted by Stats. 1990, Ch. 79.)
  138. 405.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    The Controller may revoke a probate referee’s appointment, despite Section 404, but the revocations are limited to no more than 10% of probate referees in a county in any calendar year and must include at least one referee in each county each year.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 405. Notwithstanding Section 404, the Controller may, at the Controller’s pleasure, revoke the appointment of a person to act as a probate referee. Under this section, the Controller may revoke the appointment of not more than 10 percent of the probate referees in each county in any one calendar year, but may revoke the appointment of at least one probate referee in each county in any one calendar year. (Enacted by Stats. 1990, Ch. 79.)
  139. 4050.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. General Provisions [4050 - 4054] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    This section says which powers of attorney are covered by this division, and which are excluded.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. General Provisions [4050 - 4054] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4050. (a) This division applies to the following: (1) Durable powers of attorney, other than powers of attorney for health care governed by Division 4.7 (commencing with Section 4600). (2) Statutory form powers of attorney under Part 3 (commencing with Section 4400). (3) Any other power of attorney that incorporates or refers to this division or the provisions of this division. (b) This division does not apply to the following: (1) A power of attorney to the extent that the authority of the attorney-in-fact is coupled with an interest in the subject of the power of attorney. (2) Reciprocal or interinsurance exchanges and their contracts, subscribers, attorneys-in-fact, agents, and representatives. (3) A proxy given by an attorney-in-fact to another person to exercise voting rights. (c) This division is not intended to affect the validity of any instrument or arrangement that is not described in subdivision (a). (Amended by Stats. 1999, Ch. 658, Sec. 27. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  140. 4051.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. General Provisions [4050 - 4054] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    Unless this division has a specific rule, the general law of agency applies to powers of attorney.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. General Provisions [4050 - 4054] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4051. Except where this division provides a specific rule, the general law of agency, including Article 2 (commencing with Section 2019) of Chapter 2 of Title 6 of, and Title 9 (commencing with Section 2295) of, Part 4 of Division 3 of the Civil Code, applies to powers of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  141. 4052.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. General Provisions [4050 - 4054] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    This section says when this division applies to a power of attorney and to the attorney-in-fact’s acts and transactions.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. General Provisions [4050 - 4054] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4052. (a) If a power of attorney provides that the Power of Attorney Law of this state governs the power of attorney or otherwise indicates the principal’s intention that the Power of Attorney Law of this state governs the power of attorney, this division governs the power of attorney and applies to acts and transactions of the attorney-in-fact in this state or outside this state where any of the following conditions is satisfied: (1) The principal or attorney-in-fact was domiciled in this state when the principal executed the power of attorney. (2) The authority conferred on the attorney-in-fact relates to property, acts, or transactions in this state. (3) The acts or transactions of the attorney-in-fact occurred or were intended to occur in this state. (4) The principal executed the power of attorney in this state. (5) There is otherwise a reasonable relationship between this state and the subject matter of the power of attorney. (b) If subdivision (a) does not apply to the power of attorney, this division governs the power of attorney and applies to the acts and transactions of the attorney-in-fact in this state where either of the following conditions is satisfied: (1) The principal was domiciled in this state when the principal executed the power of attorney. (2) The principal executed the power of attorney in this state. (c) A power of attorney described in this section remains subject to this division despite a change in domicile of the principal or the attorney-in-fact, or the removal from this state of property that was the subject of the power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  142. 4053.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. General Provisions [4050 - 4054] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A durable power of attorney made in another state or jurisdiction is valid and enforceable in this state if it complies with the law of that other place or with this state’s law.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. General Provisions [4050 - 4054] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4053. A durable power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is valid and enforceable in this state to the same extent as a durable power of attorney executed in this state, regardless of whether the principal is a domiciliary of this state. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  143. 4054.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. General Provisions [4050 - 4054] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    This section says when the division on powers of attorney applies, including to pre-1995 documents and proceedings, subject to stated exceptions.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4000 - 4054] ( Part 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. General Provisions [4050 - 4054] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4054. Except as otherwise provided by statute: (a) On and after January 1, 1995, this division applies to all powers of attorney regardless of whether they were executed before, on, or after January 1, 1995. (b) This division applies to all proceedings concerning powers of attorney commenced on or after January 1, 1995. (c) This division applies to all proceedings concerning powers of attorney commenced before January 1, 1995, unless the court determines that application of a particular provision of this division would substantially interfere with the effective conduct of the proceedings or the rights of the parties and other interested persons, in which case the particular provision of this division does not apply and prior law applies. (d) Nothing in this division affects the validity of a power of attorney executed before January 1, 1995, that was valid under prior law. (Amended by Stats. 1995, Ch. 300, Sec. 3. Effective August 3, 1995.)
  144. 406.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A probate referee’s authority ends immediately when the term ends, the appointment is revoked, or the law otherwise terminates it.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 406. (a) The authority of a person to act as a probate referee ceases immediately upon expiration of the person’s term of office, revocation of the person’s appointment, or other termination pursuant to law. (b) Upon cessation of authority of a person to act as a probate referee, the Controller shall notify the superior court of the county for which the probate referee was appointed. Upon receipt of notice, or if it otherwise comes to the attention of the court that the authority of a person to act as a probate referee has ceased, the court shall reassign any estate for which the person had been designated as probate referee to another probate referee. (Enacted by Stats. 1990, Ch. 79.)
  145. 407.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    Probate referees and applicants may not engage in prohibited political activity, must file annual verified statements with the Controller, and can be denied or lose appointment for violations.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 407. (a) As used in this section, “prohibited political activity” means directly or indirectly soliciting, receiving, or contributing, or being in any manner involved in soliciting, receiving, or contributing, any of the following: (1) An assessment, subscription, or contribution to any party, incumbent, committee, or candidate exceeding two hundred dollars ($200) in any one calendar year for any partisan public office of this state. (2) An assessment, subscription, contribution, or political service in any amount for any campaign for the office of Controller. (b) Upon a person’s appointment and thereafter in January of each year during the person’s tenure as a probate referee, the person shall file with the Controller a verified statement indicating whether the person has engaged in prohibited political activity during the preceding two calendar years. (c) The Controller may not appoint or reappoint as a probate referee a person who within the preceding two calendar years has engaged in prohibited political activity, and any such appointment or reappointment is void and shall be revoked. The Controller shall revoke the appointment of a person who, during the person’s tenure as a probate referee, engages in prohibited political activity. However, all acts not otherwise invalid, performed by the person before revocation of the person’s appointment, are valid. (d) A person shall not engage in prohibited political activity during the time the person is an applicant for appointment or reappointment, or during the person’s tenure as a probate referee. A violation of this subdivision is a misdemeanor. (e) Subdivisions (a), (c), and (d) do not apply to any prohibited political activity that occurred before July 1, 1989, and the applicable law in effect before July 1, 1989, continues to apply. Subdivision (b) applies on July 1, 1989, to persons who apply for appointment on or after July 1, 1989. A person who applied for appointment or who was appointed before July 1, 1989, shall file the first statement required by subdivision (b) on or before July 1, 1989, and thereafter as prescribed in subdivision (b). (Enacted by Stats. 1990, Ch. 79.)
  146. 408.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A probate referee appointment made by the Controller before July 1, 1989 is not made invalid just because the old law was repealed, and such an appointment may be revoked only when revocation would otherwise be proper under this chapter.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Appointment and Revocation [400 - 408] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 408. The appointment of a probate referee by the Controller before July 1, 1989, is not invalidated by the repeal of the law under which the appointment was made. Appointment of a probate referee before July 1, 1989, may be revoked under this chapter only if revocation would otherwise be proper under this chapter. (Enacted by Stats. 1990, Ch. 79.)
  147. 4100.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4100 - 4102] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    This section says the part applies to all powers of attorney in the division, but special rules apply to statutory form powers of attorney under Part 3 starting at Section 4400.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4100 - 4102] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4100. This part applies to all powers of attorney under this division, subject to any special rules applicable to statutory form powers of attorney under Part 3 (commencing with Section 4400). (Amended by Stats. 1999, Ch. 658, Sec. 28. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  148. 4101.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4100 - 4102] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    The principal may limit most provisions of a power of attorney, but not certain statutes or required warnings, formalities, witness qualifications, attorney-in-fact qualifications, or third-party liability protections.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4100 - 4102] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4101. (a) Except as provided in subdivision (b), the principal may limit the application of any provision of this division by an express statement in the power of attorney or by providing an inconsistent rule in the power of attorney. (b) A power of attorney may not limit either the application of a statute specifically providing that it is not subject to limitation in the power of attorney or a statute concerning any of the following: (1) Warnings or notices required to be included in a power of attorney. (2) Operative dates of statutory enactments or amendments. (3) Execution formalities. (4) Qualifications of witnesses. (5) Qualifications of attorneys-in-fact. (6) Protection of third persons from liability. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  149. 4102.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4100 - 4102] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    This section sets conditions for selling, distributing, and validating printed forms of durable powers of attorney.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4100 - 4102] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4102. Notwithstanding Section 4128: (a) Except as provided in subdivision (b), on and after January 1, 1995, a printed form of a durable power of attorney may be sold or otherwise distributed if it satisfies the requirements of former Section 2510.5 of the Civil Code. (b) A printed form of a durable power of attorney printed on or after January 1, 1986, that is sold or otherwise distributed in this state for use by a person who does not have the advice of legal counsel shall comply with former Section 2510 of the Civil Code or with Section 4128 of this code. (c) A durable power of attorney executed on or after January 1, 1995, using a printed form that complies with subdivision (b) of former Section 2400 of the Civil Code, as enacted by Chapter 511 of the Statutes of 1981, or with former Section 2510 of the Civil Code, is as valid as if it had been executed using a printed form that complies with Section 4128 of this code. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  150. 4120.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A natural person who has capacity to contract may execute a power of attorney.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4120. A natural person having the capacity to contract may execute a power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  151. 4121.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A power of attorney is legally sufficient only if it is dated, properly signed, and either notarized or signed by two qualifying witnesses.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4121. A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its execution. (b) The power of attorney is signed either (1) by the principal or (2) in the principal’s name by another adult in the principal’s presence and at the principal’s direction. (c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122. (Amended by Stats. 1999, Ch. 658, Sec. 29. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  152. 4122.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    If a power of attorney is signed by witnesses, the witnesses must be adults, the attorney-in-fact cannot serve as a witness, and each witness must witness the principal’s signing or acknowledgment.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4122. If the power of attorney is signed by witnesses, as provided in Section 4121, the following requirements shall be satisfied: (a) The witnesses shall be adults. (b) The attorney-in-fact may not act as a witness. (c) Each witness signing the power of attorney shall witness either the signing of the instrument by the principal or the principal’s acknowledgment of the signature or the power of attorney. (Amended by Stats. 1999, Ch. 658, Sec. 30. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  153. 4123.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A principal may give an attorney-in-fact authority to act on the principal’s behalf.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4123. (a) In a power of attorney under this division, a principal may grant authority to an attorney-in-fact to act on the principal’s behalf with respect to all lawful subjects and purposes or with respect to one or more express subjects or purposes. The attorney-in-fact may be granted authority with regard to the principal’s property, personal care, or any other matter. (b) With regard to property matters, a power of attorney may grant authority to make decisions concerning all or part of the principal’s real and personal property, whether owned by the principal at the time of the execution of the power of attorney or thereafter acquired or whether located in this state or elsewhere, without the need for a description of each item or parcel of property. (c) With regard to personal care, a power of attorney may grant authority to make decisions relating to the personal care of the principal, including, but not limited to, determining where the principal will live, providing meals, hiring household employees, providing transportation, handling mail, and arranging recreation and entertainment. (Amended by Stats. 2001, Ch. 230, Sec. 2. Effective January 1, 2002.)
  154. 4124.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    This section defines a durable power of attorney as a written power of attorney in which a principal names another person as attorney-in-fact and includes one of the listed incapacity-related statements.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4124. A durable power of attorney is a power of attorney by which a principal designates another person as attorney-in-fact in writing and the power of attorney contains any of the following statements: (a) “This power of attorney shall not be affected by subsequent incapacity of the principal.” (b) “This power of attorney shall become effective upon the incapacity of the principal.” (c) Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  155. 4125.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    Acts done by an attorney-in-fact under a durable power of attorney during the principal’s incapacity have the same effect as if the principal had capacity.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4125. All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal’s successors in interest as if the principal had capacity. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  156. 4126.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A principal may nominate a conservator or guardian in a durable power of attorney, and the court must give effect to the most recent qualifying writing in certain conservatorship proceedings.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4126. (a) A principal may nominate, by a durable power of attorney, a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration by the court if protective proceedings for the principal’s person or estate are thereafter commenced. (b) If the protective proceedings are conservatorship proceedings in this state, the nomination has the effect provided in Section 1810 and the court shall give effect to the most recent writing executed in accordance with Section 1810, whether or not the writing is a durable power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  157. 4127.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    If a power of attorney does not state a termination time, the attorney-in-fact may continue to exercise the authority even after time has passed since the document was signed.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4127. Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  158. 4128.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    This section requires certain durable power of attorney forms to include bold warning statements, and it sets out key duties, limits, and rights of the principal and agent.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4128. (a) Subject to subdivision (b), a printed form of a durable power of attorney that is sold or otherwise distributed in this state for use by a person who does not have the advice of legal counsel shall contain, in not less than 10-point boldface type or a reasonable equivalent thereof, the following warning statements: ## Notice to Person Executing Durable Power of Attorney A durable power of attorney is an important legal document. By signing the durable power of attorney, you are authorizing another person to act for you, the principal. Before you sign this durable power of attorney, you should know these important facts: Your agent (attorney-in-fact) has no duty to act unless you and your agent agree otherwise in writing. This document gives your agent the powers to manage, dispose of, sell, and convey your real and personal property, and to use your property as security if your agent borrows money on your behalf. This document does not give your agent the power to accept or receive any of your property, in trust or otherwise, as a gift, unless you specifically authorize the agent to accept or receive a gift. Your agent will have the right to receive reasonable payment for services provided under this durable power of attorney unless you provide otherwise in this power of attorney. The powers you give your agent will continue to exist for your entire lifetime, unless you state that the durable power of attorney will last for a shorter period of time or unless you otherwise terminate the durable power of attorney. The powers you give your agent in this durable power of attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property. You can amend or change this durable power of attorney only by executing a new durable power of attorney or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this durable power of attorney at any time, so long as you are competent. This durable power of attorney must be dated and must be acknowledged before a notary public or signed by two witnesses. If it is signed by two witnesses, they must witness either (1) the signing of the power of attorney or (2) the principal’s signing or acknowledgment of his or her signature. A durable power of attorney that may affect real property should be acknowledged before a notary public so that it may easily be recorded. You should read this durable power of attorney carefully. When effective, this durable power of attorney will give your agent the right to deal with property that you now have or might acquire in the future. The durable power of attorney is important to you. If you do not understand the durable power of attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person. ## Notice to Person Accepting the Appointment as Attorney-in-Fact By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include: 1. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest. 2. The legal duty to keep the principal’s property separate and distinct from any other property owned or controlled by you. You may not transfer the principal’s property to yourself without full and adequate consideration or accept a gift of the principal’s property unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal’s property. If you transfer the principal’s property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse under Penal Code Section 368. In addition to criminal prosecution, you may also be sued in civil court. I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of attorney. Date: _____ (Signature of agent) _____ (Print name of agent) (b) Nothing in subdivision (a) invalidates any transaction in which a third person relied in good faith on the authority created by the durable power of attorney. (c) This section does not apply to a statutory form power of attorney under Part 3 (commencing with Section 4400). (Amended by Stats. 2000, Ch. 999, Sec. 1. Effective January 1, 2001.)
  159. 4129.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A principal in a springing power of attorney may name one or more people to decide when the stated event or contingency has happened, and the power becomes effective when those people sign a declaration under penalty of perjury.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4129. (a) In a springing power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of perjury, have the power to determine conclusively that the specified event or contingency has occurred. The principal may designate the attorney-in-fact or another person to perform this function, either alone or jointly with other persons. (b) A springing power of attorney containing the designation described in subdivision (a) becomes effective when the person or persons designated in the power of attorney execute a written declaration under penalty of perjury that the specified event or contingency has occurred, and any person may act in reliance on the written declaration without liability to the principal or to any other person, regardless of whether the specified event or contingency has actually occurred. (c) This section applies to a power of attorney whether executed before, on, or after January 1, 1991, if the power of attorney contains the designation described in subdivision (a). (d) This section does not provide the exclusive method by which a power of attorney may be limited to take effect on the occurrence of a specified event or contingency. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  160. 4130.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    If a principal gives conflicting authority to multiple attorneys-in-fact in two or more powers of attorney, the most recently granted authority controls for the inconsistency. This section cannot be limited by the power of attorney.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Creation and Effect of Powers of Attorney [4120 - 4130] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4130. (a) If a principal grants inconsistent authority to one or more attorneys-in-fact in two or more powers of attorney, the authority granted last controls to the extent of the inconsistency. (b) This section is not subject to limitation in the power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  161. 4150.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A principal may modify a power of attorney if the modification follows the document’s terms or is executed in the same manner as the original power of attorney.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4150. (a) A principal may modify a power of attorney as follows: (1) In accordance with the terms of the power of attorney. (2) By an instrument executed in the same manner as a power of attorney may be executed. (b) An attorney-in-fact or third person who does not have notice of the modification is protected from liability as provided in Chapter 5 (commencing with Section 4300). (Amended by Stats. 1995, Ch. 300, Sec. 4. Effective August 3, 1995.)
  162. 4151.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A principal may revoke a power of attorney by following its terms or by writing. An attorney-in-fact or third person without notice of the revocation is protected from liability.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4151. (a) A principal may revoke a power of attorney as follows: (1) In accordance with the terms of the power of attorney. (2) By a writing. This paragraph is not subject to limitation in the power of attorney. (b) An attorney-in-fact or third person who does not have notice of the revocation is protected from liability as provided in Chapter 5 (commencing with Section 4300). (Amended by Stats. 1995, Ch. 300, Sec. 5. Effective August 3, 1995.)
  163. 4152.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact’s authority ends when the listed events occur, including the terms of the power of attorney, revocation, death, removal, resignation, incapacity, or marital dissolution, with a limited suspension rule for temporary incapacity.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4152. (a) Subject to subdivision (b), the authority of an attorney-in-fact under a power of attorney is terminated by any of the following events: (1) In accordance with the terms of the power of attorney. (2) Extinction of the subject or fulfillment of the purpose of the power of attorney. (3) Revocation of the attorney-in-fact’s authority, as provided in Section 4153. (4) Death of the principal, except as to specific authority permitted by statute to be exercised after the principal’s death. (5) Removal of the attorney-in-fact. (6) Resignation of the attorney-in-fact. (7) Incapacity of the attorney-in-fact, except that a temporary incapacity suspends the attorney-in-fact’s authority only during the period of the incapacity. (8) Dissolution or annulment of the marriage of the attorney-in-fact and principal, as provided in Section 4154. (9) Death of the attorney-in-fact. (b) An attorney-in-fact or third person who does not have notice of an event that terminates the power of attorney or the authority of an attorney-in-fact is protected from liability as provided in Chapter 5 (commencing with Section 4300). (Amended by Stats. 1995, Ch. 300, Sec. 6. Effective August 3, 1995.)
  164. 4153.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A power of attorney can be revoked by following its terms, by the principal’s oral or written notice, or by the principal’s legal representative with court approval and written notice.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4153. (a) The authority of an attorney-in-fact under a power of attorney may be revoked as follows: (1) In accordance with the terms of the power of attorney. (2) Where the principal informs the attorney-in-fact orally or in writing that the attorney-in-fact’s authority is revoked or when and under what circumstances it is revoked. This paragraph is not subject to limitation in the power of attorney. (3) Where the principal’s legal representative, with approval of the court as provided in Section 4206, informs the attorney-in-fact in writing that the attorney-in-fact’s authority is revoked or when and under what circumstances it is revoked. This paragraph is not subject to limitation in the power of attorney. (b) An attorney-in-fact or third person who does not have notice of the revocation is protected from liability as provided in Chapter 5 (commencing with Section 4300). (Amended by Stats. 1995, Ch. 300, Sec. 7. Effective August 3, 1995.)
  165. 4154.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    If a principal’s marriage to the attorney-in-fact ends by dissolution or annulment, the former spouse is no longer the attorney-in-fact. If that authority was revoked only for that reason, it comes back if the principal remarries the attorney-in-fact.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4154. (a) If after executing a power of attorney the principal’s marriage to the attorney-in-fact is dissolved or annulled, the principal’s designation of the former spouse as an attorney-in-fact is revoked. (b) If the attorney-in-fact’s authority is revoked solely by subdivision (a), it is revived by the principal’s remarriage to the attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  166. 4155.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    Under a nondurable power of attorney, the attorney-in-fact’s authority ends if the principal becomes incapacitated to contract, unless subdivision (b) applies.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 3. Modification and Revocation of Powers of Attorney [4150 - 4155] ( Chapter 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4155. (a) Subject to subdivision (b), the authority of an attorney-in-fact under a nondurable power of attorney is terminated by the incapacity of the principal to contract. (b) An attorney-in-fact or third person who does not have notice of the incapacity of the principal is protected from liability as provided in Chapter 5 (commencing with Section 4300). (c) This section is not subject to limitation in the power of attorney. (Amended by Stats. 1995, Ch. 300, Sec. 8. Effective August 3, 1995.)
  167. 42.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section says the term “General personal representative” is defined in Section 58(b).

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 42. “General personal representative” is defined in subdivision (b) of Section 58. (Enacted by Stats. 1990, Ch. 79.)
  168. 4200.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    Only a person who has the capacity to contract may serve as an attorney-in-fact.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4200. Only a person having the capacity to contract is qualified to act as an attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  169. 4201.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    If an unqualified person is designated as an attorney-in-fact, third persons’ immunities are unchanged, and the unqualified person still has any applicable duties to the principal or the principal’s successors.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4201. Designating an unqualified person as an attorney-in-fact does not affect the immunities of third persons nor relieve the unqualified person of any applicable duties to the principal or the principal’s successors. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  170. 4202.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A principal may appoint more than one attorney-in-fact, and multiple attorneys-in-fact must act unanimously unless a vacancy or temporary unavailability allows the others to act alone. An attorney-in-fact is generally not liable for another attorney-in-fact’s actions unless they participate in or conceal a fiduciary breach.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4202. (a) A principal may designate more than one attorney-in-fact in one or more powers of attorney. (b) Authority granted to two or more attorneys-in-fact is exercisable only by their unanimous action. (c) If a vacancy occurs, the remaining attorneys-in-fact may exercise the authority conferred as if they are the only attorneys-in-fact. (d) If an attorney-in-fact is unavailable because of absence, illness, or other temporary incapacity, the other attorneys-in-fact may exercise the authority under the power of attorney as if they are the only attorneys-in-fact, where necessary to accomplish the purposes of the power of attorney or to avoid irreparable injury to the principal’s interests. (e) An attorney-in-fact is not liable for the actions of other attorneys-in-fact, unless the attorney-in-fact participates in, knowingly acquiesces in, or conceals a breach of fiduciary duty committed by another attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  171. 4203.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A principal may name successor attorneys-in-fact, and may authorize another designated person to name successors as well.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4203. (a) A principal may designate one or more successor attorneys-in-fact to act if the authority of a predecessor attorney-in-fact terminates. (b) The principal may grant authority to another person, designated by name, by office, or by function, including the initial and any successor attorneys-in-fact, to designate at any time one or more successor attorneys-in-fact. (c) A successor attorney-in-fact is not liable for the actions of the predecessor attorney-in-fact. (Amended by Stats. 1999, Ch. 658, Sec. 33. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  172. 4204.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact is entitled to reasonable compensation and reimbursement of reasonable expenses.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4204. An attorney-in-fact is entitled to reasonable compensation for services rendered to the principal as attorney-in-fact and to reimbursement for reasonable expenses incurred as a result of acting as attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  173. 4205.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact may revokeably delegate authority to qualified persons to perform mechanical acts, but remains responsible to the principal for how that delegated authority is exercised or not exercised.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4205. (a) An attorney-in-fact may revocably delegate authority to perform mechanical acts to one or more persons qualified to exercise the authority delegated. (b) The attorney-in-fact making a delegation remains responsible to the principal for the exercise or nonexercise of the delegated authority. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  174. 4206.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    When certain fiduciaries are appointed for the principal’s property, the attorney-in-fact must answer to them as well as the principal. A fiduciary may revoke or amend the durable power of attorney, but a conservator in this state may do so only with a court order and only as allowed by that order.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4206. (a) If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator of the estate, guardian of the estate, or other fiduciary charged with the management of all of the principal’s property or all of the principal’s property except specified exclusions, the attorney-in-fact is accountable to the fiduciary as well as to the principal. Except as provided in subdivision (b), the fiduciary has the same power to revoke or amend the durable power of attorney that the principal would have had if not incapacitated, subject to any required court approval. (b) If a conservator of the estate is appointed by a court of this state, the conservator can revoke or amend the durable power of attorney only if the court in which the conservatorship proceeding is pending has first made an order authorizing or requiring the fiduciary to modify or revoke the durable power of attorney and the modification or revocation is in accord with the order. (c) This section is not subject to limitation in the power of attorney. (Amended by Stats. 1999, Ch. 658, Sec. 34. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  175. 4207.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact may resign by notice, written agreement of a designated successor, or court order.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact [4200 - 4207] ( Article 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4207. (a) An attorney-in-fact may resign by any of the following means: (1) If the principal is competent, by giving notice to the principal. (2) If a conservator has been appointed, by giving notice to the conservator. (3) On written agreement of a successor who is designated in the power of attorney or pursuant to the terms of the power of attorney to serve as attorney-in-fact. (4) Pursuant to a court order. (b) This section is not subject to limitation in the power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  176. 4230.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact generally has no duty to use the power of attorney, except that they must finish a transaction they started and must follow any written agreement to act for the principal.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4230. (a) Except as provided in subdivisions (b) and (c), a person who is designated as an attorney-in-fact has no duty to exercise the authority granted in the power of attorney and is not subject to the other duties of an attorney-in-fact, regardless of whether the principal has become incapacitated, is missing, or is otherwise unable to act. (b) Acting for the principal in one or more transactions does not obligate an attorney-in-fact to act for the principal in a subsequent transaction, but the attorney-in-fact has a duty to complete a transaction that the attorney-in-fact has commenced. (c) If an attorney-in-fact has expressly agreed in writing to act for the principal, the attorney-in-fact has a duty to act pursuant to the terms of the agreement. The agreement to act on behalf of the principal is enforceable against the attorney-in-fact as a fiduciary regardless of whether there is any consideration to support a contractual obligation. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  177. 4231.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact must use a prudent-person standard when dealing with the principal’s property, and if the attorney-in-fact has special skills or expertise, the standard is that of a similarly skilled person.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4231. (a) Except as provided in subdivision (b), in dealing with property of the principal, an attorney-in-fact shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. (b) An attorney-in-fact who has special skills or expertise or was designated as an attorney-in-fact on the basis of representations of special skills or expertise shall observe the standard of care that would be observed by others with similar skills or expertise. (Amended by Stats. 2010, Ch. 48, Sec. 1. (SB 1038) Effective January 1, 2011.)
  178. 4231.5.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact who breaches a duty can be charged for the resulting loss, profit, or lost profit, with interest. A court may excuse all or part of that liability if the attorney-in-fact acted reasonably and in good faith and equity supports it.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4231.5. (a) If the attorney-in-fact breaches a duty pursuant to this division, the attorney-in-fact is chargeable with any of the following, as appropriate under the circumstances: (1) Any loss or depreciation in value of the principal’s property resulting from the breach of duty, with interest. (2) Any profit made by the attorney-in-fact through the breach of duty, with interest. (3) Any profit that would have accrued to the principal if the loss of profit is the result of the breach of duty. (b) If the attorney-in-fact has acted reasonably and in good faith under the circumstances as known to the attorney-in-fact, the court, in its discretion, may excuse the attorney-in-fact in whole or in part from liability under subdivision (a) if it would be equitable to do so. (c) If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property that belongs to a principal under a power of attorney, or has taken, concealed, or disposed of property that belongs to a principal under a power of attorney by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action to recover the property or for surcharge. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs to the prevailing party. The remedies provided in this section shall be in addition to any other remedies available in law to the principal or any successor in interest of the principal. (Amended by Stats. 2013, Ch. 99, Sec. 2. (AB 381) Effective January 1, 2014.)
  179. 4232.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact must act only in the principal’s interest and avoid conflicts of interest.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4232. (a) An attorney-in-fact has a duty to act solely in the interest of the principal and to avoid conflicts of interest. (b) An attorney-in-fact is not in violation of the duty provided in subdivision (a) solely because the attorney-in-fact also benefits from acting for the principal, has conflicting interests in relation to the property, care, or affairs of the principal, or acts in an inconsistent manner regarding the respective interests of the principal and the attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  180. 4233.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact must keep a principal’s property separate from other property and clearly identifiable as the principal’s.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4233. (a) The attorney-in-fact shall keep the principal’s property separate and distinct from other property in a manner adequate to identify the property clearly as belonging to the principal. (b) An attorney-in-fact holding property for a principal complies with subdivision (a) if the property is held in the name of the principal or in the name of the attorney-in-fact as attorney-in-fact for the principal. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  181. 4234.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact must keep regular contact with the principal, communicate with the principal, and follow the principal’s instructions, as far as reasonably practicable.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4234. (a) To the extent reasonably practicable under the circumstances, an attorney-in-fact has a duty to keep in regular contact with the principal, to communicate with the principal, and to follow the instructions of the principal. (b) With court approval, the attorney-in-fact may disobey instructions of the principal. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  182. 4235.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    When the principal is incapacitated or capacity is in question, the attorney-in-fact may consult certain people and request needed information; those asked must disclose relevant information.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4235. If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal to give instructions to and supervise the attorney-in-fact, the attorney-in-fact may consult with a person previously designated by the principal for this purpose, and may also consult with and obtain information needed to carry out the attorney-in-fact’s duties from the principal’s spouse, physician, attorney, accountant, a member of the principal’s family, or other person, business entity, or government agency with respect to matters to be undertaken on the principal’s behalf and affecting the principal’s personal affairs, welfare, family, property, and business interests. A person from whom information is requested shall disclose relevant information to the attorney-in-fact. Disclosure under this section is not a waiver of any privilege that may apply to the information disclosed. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  183. 4236.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact must keep transaction records and, unless an exception applies, does not have to account for them; certain listed people may examine and copy the records.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4236. (a) The attorney-in-fact shall keep records of all transactions entered into by the attorney-in-fact on behalf of the principal. (b) The attorney-in-fact does not have a duty to make an account of transactions entered into on behalf of the principal, except in the following circumstances: (1) At any time requested by the principal. (2) Where the power of attorney requires the attorney-in-fact to account and specifies to whom the account is to be made. (3) On request by the conservator of the estate of the principal while the principal is living. (4) On request by the principal’s personal representative or successor in interest after the death of the principal. (5) Pursuant to court order. (c) The following persons are entitled to examine and copy the records kept by the attorney-in-fact: (1) The principal. (2) The conservator of the estate of the principal while the principal is living. (3) The principal’s personal representative or successor in interest after the death of the principal. (4) Any other person, pursuant to court order. (d) This section is not subject to limitation in the power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  184. 4237.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact with special skills must use those skills to their full extent.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4237. An attorney-in-fact with special skills has a duty to apply the full extent of those skills. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  185. 4238.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    When an attorney-in-fact’s authority ends, they must promptly hand over the principal’s property and, if requested, related transaction records, and they still must account for their actions.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 2. Duties of Attorneys-in-Fact [4230 - 4238] ( Article 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4238. (a) On termination of an attorney-in-fact’s authority, the attorney-in-fact shall promptly deliver possession or control of the principal’s property as follows: (1) If the principal is not incapacitated, to the principal or as directed by the principal. (2) If the principal is incapacitated, to the following persons with the following priority: (A) To a qualified successor attorney-in-fact. (B) As to any community property, to the principal’s spouse. (C) To the principal’s conservator of the estate or guardian of the estate. (3) In the case of the death of the principal, to the principal’s personal representative, if any, or the principal’s successors. (b) On termination of an attorney-in-fact’s authority, the attorney-in-fact shall deliver copies of any records relating to transactions undertaken on the principal’s behalf that are requested by the person to whom possession or control of the property is delivered. (c) Termination of an attorney-in-fact’s authority does not relieve the attorney-in-fact of any duty to render an account of actions taken as attorney-in-fact. (d) The attorney-in-fact has the powers reasonably necessary under the circumstances to perform the duties provided by this section. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  186. 4260.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    This article applies to all powers of attorney under this division, except as stated in subdivision (b).

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4260. (a) Except as specified in subdivision (b), this article applies to all powers of attorney under this division. (b) Sections 4261 and 4263 do not apply to the provisions of Part 3 (commencing with Section 4400). (Amended by Stats. 2011, Ch. 113, Sec. 1. (AB 1082) Effective January 1, 2012.)
  187. 4261.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    If a power of attorney gives general authority and is not limited to specific actions or purposes, the attorney-in-fact has the authority to act that a person with capacity to contract could carry out through a specifically authorized attorney-in-fact.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4261. If a power of attorney grants general authority to an attorney-in-fact and is not limited to one or more express actions, subjects, or purposes for which general authority is conferred, the attorney-in-fact has all the authority to act that a person having the capacity to contract may carry out through an attorney-in-fact specifically authorized to take the action. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  188. 4262.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    If a power of attorney gives an attorney-in-fact limited authority, the attorney-in-fact may exercise the granted authority and whatever is incidental, necessary, or proper to carry it out.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4262. Subject to this article, if a power of attorney grants limited authority to an attorney-in-fact, the attorney-in-fact has the following authority: (a) The authority granted in the power of attorney, as limited with respect to permissible actions, subjects, or purposes. (b) The authority incidental, necessary, or proper to carry out the granted authority. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  189. 4263.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A power of attorney may give the attorney-in-fact authority by referring to powers in other statutes.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4263. (a) A power of attorney may grant authority to the attorney-in-fact by incorporating powers by reference to another statute, including, but not limited to, the following: (1) Powers of attorneys-in-fact provided by the Uniform Statutory Form Power of Attorney Act (Part 3 (commencing with Section 4400)). (2) Powers of guardians and conservators provided by Chapter 5 (commencing with Section 2350) and Chapter 6 (commencing with Section 2400) of Part 4 of Division 4. (3) Powers of trustees provided by Chapter 2 (commencing with Section 16200) of Part 4 of Division 9. (b) Incorporation by reference to another statute includes any amendments made to the incorporated provisions after the date of execution of the power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  190. 4264.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact may do certain property and trust acts only if the power of attorney expressly allows it.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4264. An attorney-in-fact under a power of attorney may perform any of the following acts on behalf of the principal or with the property of the principal only if the power of attorney expressly grants that authority to the attorney-in-fact: (a) Create, modify, revoke, or terminate a trust, in whole or in part. If a power of attorney under this division empowers the attorney-in-fact to modify or revoke a trust created by the principal, the trust may be modified or revoked by the attorney-in-fact only as provided in the trust instrument. (b) Fund with the principal’s property a trust not created by the principal or a person authorized to create a trust on behalf of the principal. (c) Make or revoke a gift of the principal’s property in trust or otherwise. (d) Exercise the right to reject, disclaim, release, or consent to a reduction in, or modification of, a share in, or payment from, an estate, trust, or other fund on behalf of the principal. This subdivision does not limit the attorney-in-fact’s authority to disclaim a detrimental transfer to the principal with the approval of the court. (e) Create or change survivorship interests in the principal’s property or in property in which the principal may have an interest. (f) Designate or change the designation of beneficiaries to receive any property, benefit, or contract right on the principal’s death. (g) Make a loan to the attorney-in-fact. (Amended by Stats. 2011, Ch. 113, Sec. 2. (AB 1082) Effective January 1, 2012.)
  191. 4265.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A power of attorney cannot let an attorney-in-fact make or change the principal’s will.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4265. A power of attorney may not authorize an attorney-in-fact to make, publish, declare, amend, or revoke the principal’s will. (Amended by Stats. 1999, Ch. 658, Sec. 36. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  192. 4266.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact’s granted authority does not by itself allow or require the power to be exercised, and any exercise is subject to fiduciary duties.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 4. Attorneys-in-Fact [4200 - 4266] ( Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16. ) ## ARTICLE 3. Authority of Attorneys-in-Fact [4260 - 4266] ( Article 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4266. The grant of authority to an attorney-in-fact, whether by the power of attorney, by statute, or by the court, does not in itself require or permit the exercise of the power. The exercise of authority by an attorney-in-fact is subject to the attorney-in-fact’s fiduciary duties. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  193. 4300.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A third person must treat an attorney-in-fact as if the principal were present, but need not honor the attorney-in-fact’s authority or do business if the principal could not require the same action in the same circumstances.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4300. A third person shall accord an attorney-in-fact acting pursuant to the provisions of a power of attorney the same rights and privileges that would be accorded the principal if the principal were personally present and seeking to act. However, a third person is not required to honor the attorney-in-fact’s authority or conduct business with the attorney-in-fact if the principal cannot require the third person to act or conduct business in the same circumstances. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  194. 4301.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A third person may rely on, contract with, and deal with an attorney-in-fact for matters covered by the power of attorney.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4301. A third person may rely on, contract with, and deal with an attorney-in-fact with respect to the subjects and purposes encompassed or expressed in the power of attorney without regard to whether the power of attorney expressly authorizes the specific act, transaction, or decision by the attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  195. 4302.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A third person may ask an attorney-in-fact for identification, signature specimens, other identifying information, and the principal’s current and permanent residence addresses before dealing with the attorney-in-fact.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4302. When requested to engage in transactions with an attorney-in-fact, a third person, before incurring any duty to comply with the power of attorney, may require the attorney-in-fact to provide identification, specimens of the signatures of the principal and the attorney-in-fact, and any other information reasonably necessary or appropriate to identify the principal and the attorney-in-fact and to facilitate the actions of the third person in transacting business with the attorney-in-fact. A third person may require an attorney-in-fact to provide the current and permanent residence addresses of the principal before agreeing to engage in a transaction with the attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  196. 4303.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A third person is protected from liability when relying in good faith on a power of attorney if the document is presented by the named attorney-in-fact, appears valid on its face, and has either a notarized acknowledgment or two witnesses.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4303. (a) A third person who acts in good faith reliance on a power of attorney is not liable to the principal or to any other person for so acting if all of the following requirements are satisfied: (1) The power of attorney is presented to the third person by the attorney-in-fact designated in the power of attorney. (2) The power of attorney appears on its face to be valid. (3) The power of attorney includes a notary public’s certificate of acknowledgment or is signed by two witnesses. (b) Nothing in this section is intended to create an implication that a third person is liable for acting in reliance on a power of attorney under circumstances where the requirements of subdivision (a) are not satisfied. Nothing in this section affects any immunity that may otherwise exist apart from this section. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  197. 4304.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A power of attorney is not revoked by the principal’s death or, for a nondurable power of attorney, by the principal’s incapacity, if the attorney-in-fact or a third person acts without actual knowledge and in good faith.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4304. (a) The death of a principal who has executed a power of attorney, whether durable or nondurable, does not revoke or terminate the agency as to the attorney-in-fact or a third person who, without actual knowledge of the principal’s death, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, binds the principal’s successors in interest. (b) The incapacity of a principal who has previously executed a nondurable power of attorney does not revoke or terminate the agency as to the attorney-in-fact or a third person who, without actual knowledge of the incapacity of the principal, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  198. 4305.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    An attorney-in-fact may execute an affidavit about lack of knowledge of revocation, termination, death, or incapacity, and that affidavit is conclusive proof of the power’s continued validity at that time.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4305. (a) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney-in-fact under a power of attorney, whether durable or nondurable, stating that, at the time of the exercise of the power, the attorney-in-fact did not have actual knowledge of the termination of the power of attorney or the attorney-in-fact’s authority by revocation or of the principal’s death or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. (b) This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal’s capacity. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  199. 4306.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    If an attorney-in-fact provides the Section 4305 affidavit, a third person who refuses to accept the authority stated in it may have to pay attorney’s fees, unless the court finds the third person acted in good faith.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4306. (a) If an attorney-in-fact furnishes an affidavit pursuant to Section 4305, whether voluntarily or on demand, a third person dealing with the attorney-in-fact who refuses to accept the exercise of the attorney-in-fact’s authority referred to in the affidavit is liable for attorney’s fees incurred in an action or proceeding necessary to confirm the attorney-in-fact’s qualifications or authority, unless the court determines that the third person believed in good faith that the attorney-in-fact was not qualified or was attempting to exceed or improperly exercise the attorney-in-fact’s authority. (b) The failure of a third person to demand an affidavit pursuant to Section 4305 does not affect the protection provided the third person by this chapter, and no inference as to whether a third person has acted in good faith may be drawn from the failure to demand an affidavit from the attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  200. 4307.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A certified copy of a power of attorney has the same effect as the original, and only certain authorized people may certify it.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4307. (a) A copy of a power of attorney certified under this section has the same force and effect as the original power of attorney. (b) A copy of a power of attorney may be certified by any of the following: (1) An attorney authorized to practice law in this state. (2) A notary public in this state. (3) An official of a state or of a political subdivision who is authorized to make certifications. (c) The certification shall state that the certifying person has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney. (d) Nothing in this section is intended to create an implication that a third person may be liable for acting in good faith reliance on a copy of a power of attorney that has not been certified under this section. (Amended by Stats. 1995, Ch. 300, Sec. 9. Effective August 3, 1995.)

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