§ 3122. — 3122. (Enacted by Stats. 1990, Ch. 79.)

California § 3122.

• 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. 3.: ARTICLE 3. Petition

Text

If the proceeding is brought for a court order authorizing a proposed transaction, the petition shall set forth, in addition to the information required by Section 3121, all of the following:
(a)
An allegation that one of the spouses has a conservator or facts establishing lack of legal capacity of the spouse for the proposed transaction.
(b)
An allegation that the other spouse has legal capacity for the proposed transaction or has a conservator.
(c)
An allegation that each spouse either: (1)
joins in or consents to the proposed transaction, (2)
has a conservator, or (3)
is substantially unable to manage his or her financial resources or resist fraud or undue influence.
(d)
Facts that may be relied upon to show that the authorization sought is for one or more of the following purposes:
(1)
The advantage, benefit, or best interests of the spouses or their estates.
(2)
The care and support of either spouse or of such persons as either spouse may be legally obligated to support.
(3)
The payment of taxes, interest, or other encumbrances or charges for the protection and preservation of the community property.
(4)
The providing of gifts for such purposes, and to such charities, relatives (including one of the spouses), friends, or other objects of bounty, as would be likely beneficiaries of gifts from the spouses.

Legislative History

Enacted by Stats. 1990, Ch. 79.