California Law (Last Updated: March 4, 2014) |
Probate Code - PROB |
Division 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS |
Part 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP |
Chapter 1. General Provisions |
Section 2111.
-
(a) As used in this section, "transaction" means any of the following:
(1) A conveyance or lease of real property of the guardianship or conservatorship estate.
(2) The creation of a mortgage or deed of trust on real property of the guardianship or conservatorship estate.
(3) A transfer of personal property of the guardianship or conservatorship estate.
(4) The creation of a security interest or other lien in personal property of the guardianship or conservatorship estate.
(b) Whenever the court authorizes or directs a transaction, the transaction shall be carried out by the guardian or conservator of the estate in accordance with the terms of the order.
(c) A conveyance, lease, or mortgage of, or deed of trust on, real property executed by a guardian or conservator shall set forth therein that it is made by authority of the order authorizing or directing the transaction and shall give the date of the order. A certified copy of the order shall be recorded in the office of the county recorder in each county in which any portion of the real property is located.
(d) A transaction carried out by a guardian or conservator in accordance with an order authorizing or directing the transaction has the same effect as if the ward or conservatee had carried out the transaction while having legal capacity to do so.