BlackletterCalifornia law

Probate Code § 3112

ARTICLE 2. Commencement of Proceeding

Current as of September 28, 2026Prob. Code, § 3112Official source ↗

Enacted by Stats. 1990, Ch. 79.

(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.