California Law (Last Updated: March 4, 2014) |
Probate Code - PROB |
Division 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS |
Part 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY |
Chapter 3. Proceeding for Particular Transaction |
ARTICLE 2. Commencement of Proceeding |
Section 3112.
Latest version.
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(a) If a petitioning spouse is one whose legal capacity for the proposed transaction is to be determined in the proceeding, the court may do any of the following:
(1) Permit the spouse to appear without a representative.
(2) Appoint a guardian ad litem for the spouse.
(3) Take such other action as the circumstances warrant.
(b) If a petitioning spouse lacks legal capacity for the proposed transaction, the court may do either of the following:
(1) Require the spouse to be represented by the conservator of the spouse.
(2) Appoint a guardian ad litem for the spouse.
(Enacted by Stats. 1990, Ch. 79.)