California § 812. 812. (Repealed and added by Stats. 1996, Ch. 178, Sec. 5.)

California Statutes

§ 812. — 812. (Repealed and added by Stats. 1996, Ch. 178, Sec. 5.)

California § 812.

Code PROBProbate Code - PROB

Div. 2.DIVISION 2. GENERAL PROVISIONS

Part 17.PART 17. LEGAL MENTAL CAPACITY

This text of California § 812. (812. (Repealed and added by Stats. 1996, Ch. 178, Sec. 5.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Probate Code - PROB Code § 812. (2026).

Text

Except where otherwise provided by law, including, but not limited to, Section 813 and the statutory and decisional law of testamentary capacity, a person lacks the capacity to make a decision unless the person has the ability to communicate verbally, or by any other means, the decision, and to understand and appreciate, to the extent relevant, all of the following:

(a)The rights, duties, and responsibilities created by, or affected by the decision.

(b)The probable consequences for the decisionmaker and, where appropriate, the persons affected by the decision.

(c)The significant risks, benefits, and reasonable alternatives involved in the decision.

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Except where otherwise provided by law, including, but not limited to, Section 813 and the statutory and decisional law of testamentary capacity, a person lacks the capacity to make a decision unless the person has the ability to communicate verbally, or by any other means, the decision, and to understand and appreciate, to the extent relevant, all of the following:
(a)
The rights, duties, and responsibilities created by, or affected by the decision.
(b)
The probable consequences for the decisionmaker and, where appropriate, the persons affected by the decision.
(c)
The significant risks, benefits, and reasonable alternatives involved in the decision.