§ 3112. — 3112. (Enacted by Stats. 1990, Ch. 79.)

California § 3112.

• 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. 3.: CHAPTER 3. Proceeding for Particular Transaction
• Art. 2.: ARTICLE 2. Commencement of Proceeding

Text

(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.

Legislative History

Enacted by Stats. 1990, Ch. 79.