California § 40. 40. (Added by Stats. 1992, Ch. 163, Sec. 3.)

California Statutes

§ 40. — 40. (Added by Stats. 1992, Ch. 163, Sec. 3.)

California § 40.

Code CIVCivil Code - CIV

Div. 1.DIVISION 1. PERSONS

Part 1.PART 1. PERSONS WITH UNSOUND MIND

This text of California § 40. (40. (Added by Stats. 1992, Ch. 163, Sec. 3.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cal. Civil Code - CIV Code § 40. (2026).

Text

(a)Subject to Section 1871 of the Probate Code, and subject to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, after his or her incapacity has been judicially determined a person of unsound mind can make no conveyance or other contract, nor delegate any power or waive any right, until his or her restoration to capacity.

(b)Subject to Sections 1873 to 1876, inclusive, of the Probate Code, the establishment of a conservatorship under Division 4 (commencing with Section 1400) of the Probate Code is a judicial determination of the incapacity of the conservatee for the purposes of this section.

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(a)
Subject to Section 1871 of the Probate Code, and subject to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, after his or her incapacity has been judicially determined a person of unsound mind can make no conveyance or other contract, nor delegate any power or waive any right, until his or her restoration to capacity.
(b)
Subject to Sections 1873 to 1876, inclusive, of the Probate Code, the establishment of a conservatorship under
Division 4 (commencing with Section 1400) of the Probate Code is a judicial determination of the incapacity of the conservatee for the purposes of this section.