CHAPTER 4. Legal Capacity of Conservatee [1870. - 1901.]
Chapter 4 enacted by Stats. 1990, Ch. 79.
§§ 1870–1901 · 20 sections
ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate §§ 1870–1876 · 7 sections
- § 1870 As used in this article, unless the context otherwise requires, “transaction” includes, but is not limited to, making a contract, sale, transfer, or…
- § 1871 Nothing in this article shall be construed to deny a conservatee any of the following: (a) The right to control an allowance provided under Section 2421. (b)…
- § 1872 (a) Except as otherwise provided in this article, the appointment of a conservator of the estate is an adjudication that the conservatee lacks the legal…
- § 1873 (a) In the order appointing the conservator or upon a petition filed under Section 1874, the court may, by order, authorize the conservatee, subject to Section…
- § 1874 (a) After a conservator has been appointed, a petition requesting an order under Section 1873 may be filed by any of the following: (1) The conservator. (2)…
- § 1875 A transaction that affects real property of the conservatorship estate, entered into by a person acting in good faith and for a valuable consideration and…
- § 1876 The provisions of this article relating to the legal capacity of a conservatee to bind or obligate the conservatorship estate, and the provisions of any order…
ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment §§ 1880–1898 · 11 sections
- § 1880 If the court determines that there is no form of medical treatment for which the conservatee has the capacity to give an informed consent, the court shall (1)…
- § 1881 (a) A conservatee shall be deemed unable to give informed consent to any form of medical treatment pursuant to Section 1880 if, for all medical treatments, the…
- § 1890 (a) An order of the court under Section 1880 may be included in the order of appointment of the conservator if the order was requested in the petition for the…
- § 1891 (a) A petition may be filed under this article requesting that the court make an order under Section 1880 or that the court modify or revoke an order made…
- § 1892 Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
- § 1893 The conservatee shall be produced at the hearing except in the following cases: (a) Where the conservatee is out of state when served and is not the…
- § 1894 If the petition alleges that the conservatee is not willing to attend the hearing or upon receipt of an affidavit or certificate attesting to the medical…
- § 1895 (a) The conservatee, the spouse, the domestic partner, a relative, or a friend of the conservatee, the conservator, or any other interested person may appear…
- § 1896 (a) If the court determines that the order requested in the petition is proper, the court shall make the order. (b) The court, in its discretion, may provide…
- § 1897 An order of the court under Section 1880 continues in effect until the earliest of the following times: (1) The time specified in the order, if any. (2) The…
- § 1898 An order of the court under Section 1880 may be modified or revoked upon a petition made, noticed, and heard by the court in the manner provided in this…
ARTICLE 3. Capacity of Conservatee to Marry §§ 1900–1901 · 2 sections
- § 1900 The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter into a registered…
- § 1901 (a) The court may by order determine whether the conservatee has the capacity to enter into a valid marriage, as provided in Part 1 (commencing with Section…