§ 3055. — 3055. (Enacted by Stats. 1990, Ch. 79.)

California § 3055.

• 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

(a)
If consent is given under this article that community property be included in the conservatorship estate of a spouse, the death of either spouse terminates the consent.
(b)
If a spouse consents under this article that community property be included in the conservatorship estate of the other spouse:
(1)
Subject to paragraph (2), the subsequent lack of legal capacity of the spouse giving the consent has no effect on the inclusion of the property in the conservatorship estate of the other spouse.
(2)
The appointment of a conservator for the spouse giving the consent terminates the consent.

Legislative History

Enacted by Stats. 1990, Ch. 79.