§ 3142. — 3142. (Enacted by Stats. 1990, Ch. 79.)

California § 3142.

• 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. 5.: ARTICLE 5. Hearing and Order

Text

(a)
If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the court, before commencement of the hearing on the merits, shall inform the spouse of all of the following:
(1)
A determination of lack of legal capacity for the proposed transaction may result in approval of the proposed transaction.
(2)
The spouse has the right to legal counsel of the spouse’s own choosing, including the right to have legal counsel appointed by the court if unable to retain legal counsel.
(b)
This section does not apply if the spouse is absent from the hearing and is not required to attend the hearing under the provisions of subdivision (a) of Section 3141 and any showing required by Section 3141 has been made.

Legislative History

Enacted by Stats. 1990, Ch. 79.