{"code":"PROB","codeName":"Probate Code","section":"3112","citation":"Prob. Code, § 3112","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400. - 3925.]","url":"https://blackletter.si/probate-code/division-4"},{"name":"PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000. - 3154.]","url":"https://blackletter.si/probate-code/division-4/part-6"},{"name":"CHAPTER 3. Proceeding for Particular Transaction [3100. - 3154.]","url":"https://blackletter.si/probate-code/division-4/part-6/chapter-3"},{"name":"ARTICLE 2. Commencement of Proceeding [3110. - 3113.]","url":"https://blackletter.si/probate-code/division-4/part-6/chapter-3/article-2"}],"history":"Enacted by Stats. 1990, Ch. 79.","effective":null,"html":"<p>(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:</p><p>(1) Permit the spouse to appear without a representative.</p><p>(2) Appoint a guardian ad litem for the spouse.</p><p>(3) Take such other action as the circumstances warrant.</p><p>(b) If a petitioning spouse lacks legal capacity for the proposed transaction, the court may do either of the following:</p><p>(1) Require the spouse to be represented by the conservator of the spouse.</p><p>(2) Appoint a guardian ad litem for the spouse.</p>","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.","otherVersions":[],"url":"https://blackletter.si/probate-code/commencement-of-proceeding-3112","source":"California Legislative Information bulk export (pubinfo)"}