California Law (Last Updated: March 4, 2014) |
Probate Code - PROB |
Division 2. GENERAL PROVISIONS |
Part 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY |
Chapter 3. Termination of Deposit |
ARTICLE 2. Termination by Attorney |
Section 735.
-
(a) If the attorney is deceased or lacks legal capacity, a deposit may be terminated as provided in this article by the attorney's law partner, by a shareholder of the attorney's law corporation, or by a lawyer or nonlawyer employee of the attorney's firm, partnership, or corporation.
(b) If the attorney lacks legal capacity and there is no person to act under subdivision (a), a deposit may be terminated by the conservator of the attorney's estate or by an attorney in fact acting under a durable power of attorney. A conservator of the attorney's estate may act without court approval.
(c) If the attorney is deceased and there is no person to act under subdivision (a), a deposit may be terminated by the attorney's personal representative.
(d) If a person authorized under this section terminates a deposit as provided in Section 732, the person shall give the notice required by Section 733.