§ 3054. — 3054. (Enacted by Stats. 1990, Ch. 79.)

California § 3054.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 4.: DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
• Part 6.: PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY
• Ch. 2.: CHAPTER 2. Management, Control, and Disposition
• Art. 1.: ARTICLE 1. Management, Control, and Disposition Generally

Text

When community property is included or proposed to be included in the conservatorship estate of a spouse, the court in which the conservatorship proceeding is pending, upon its own motion or upon petition of a spouse having legal capacity or the conservator of either spouse and upon such notice to such persons as the court prescribes, may do any of the following:
(a)
Determine that the inclusion of some or all of the community property that is proposed to be included in the conservatorship estate would not be in the best interest of the spouses or their estates and order that such property not be included.
(b)
Permit revocation of a written consent for inclusion of property in the conservatorship estate, with or without terms or conditions.
(c)
Determine that the continued inclusion of some or all of the community property in the conservatorship estate is not in the best interest of the spouses or their estates and order that the inclusion of such property in the conservatorship estate be terminated, with or without terms or conditions.
(d)
Make such other orders as may be appropriate for the orderly administration of the conservatorship estate or to protect the interests of the spouses.

Legislative History

Enacted by Stats. 1990, Ch. 79.