PART 8. OTHER PROTECTIVE PROCEEDINGS [3300. - 3803.]
Part 8 enacted by Stats. 1990, Ch. 79.
§§ 3300–3803 · 40 sections
CHAPTER 1. General Provisions §§ 3300–3303 · 2 sections
- § 3300 A parent who receives any money or property belonging to a minor under any provision of this part shall account to the minor for the money or other property…
- § 3303 Nothing in this part limits the provisions of the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
CHAPTER 2. Money or Property Belonging to Minor §§ 3400–3413 · 7 sections
ARTICLE 1. Total Estate Not in Excess of $5,000 §§ 3400–3402 · 3 sections
- § 3400 (a) As used in this article, “total estate of the minor” includes both the money and other property belonging to the minor and the money and other property…
- § 3401 (a) Where a minor does not have a guardian of the estate, money or other property belonging to the minor may be paid or delivered to a parent of the minor…
- § 3402 The written receipt of the parent giving the written assurance under Section 3401 shall be an acquittance of the person making the payment of money or delivery…
ARTICLE 2. Property in the Form of Money §§ 3410–3413 · 4 sections
- § 3410 (a) This article applies to both of the following cases: (1) Where the minor has a guardian of the estate and the sole asset of the guardianship estate is…
- § 3411 (a) A parent of a minor entitled to custody of the minor, the guardian of the estate of the minor, or the person holding the money belonging to the minor may…
- § 3412 If the minor has a guardian of the estate and the sole asset of the guardianship estate is money, the court may order that the guardianship of the estate be…
- § 3413 If the minor has no guardian of the estate and there is money belonging to the minor, the court may order that a guardian of the estate be appointed and that…
CHAPTER 3. Compromise by Parent of Minor’s Disputed Claim §§ 3500–3505 · 2 sections
- § 3500 (a) When a minor has a disputed claim for damages, money, or other property and does not have a guardian of the estate, the following persons have the right to…
- § 3505 The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant to Section 3500 within 30 days from the date of filing. If…
CHAPTER 4. Money or Property Paid or Delivered Pursuant to Compromise or Judgment for Minor or Disabled Person §§ 3600–3613 · 10 sections
ARTICLE 1. General Provisions §§ 3600–3605 · 6 sections
- § 3600 This chapter applies whenever both of the following conditions exist: (a) A court (1) approves a compromise of, or the execution of a covenant not to sue on or…
- § 3601 (a) The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that…
- § 3602 (a) If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money…
- § 3603 Where reference is made in this chapter to a “person with a disability,” the reference shall be deemed to include the following: (a) A person for whom a…
- § 3604 (a) (1) If a court makes an order under Section 3602 or 3611 that money of a minor or person with a disability be paid to a special needs trust, the terms of…
- § 3605 (a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993. (b) While the special needs trust is in…
ARTICLE 2. Disposition of Money or Other Property Where No Guardianship or Conservatorship §§ 3610–3613 · 4 sections
- § 3610 When money or other property is to be paid or delivered for the benefit of a minor or person with a disability under a compromise, covenant, order or judgment,…
- § 3611 In any case described in Section 3610, the court making the order or giving the judgment referred to in Section 3600 shall, upon application of counsel for the…
- § 3612 (a) Notwithstanding any other provision of law and except to the extent the court orders otherwise, the court making the order under Section 3611 shall have…
- § 3613 Notwithstanding any other provision of this chapter, a court may not make an order or give a judgment pursuant to Section 3600, 3601, 3602, 3610, or 3611 with…
CHAPTER 5. Property of Absent Federal Personnel §§ 3700–3722 · 15 sections
ARTICLE 1. Definitions § 3700 · 1 section
- § 3700 As used in this chapter: (a) “Absentee” is defined in Section 1403. (b) “Certificate of missing status” means the official written report complying with…
ARTICLE 2. Court Proceeding to Set Aside Personal Property of Absentee §§ 3701–3708 · 8 sections
- § 3701 Upon petition as provided in this chapter, the court may set aside to the family of an absentee personal property of the absentee situated in this state for…
- § 3702 A petition that personal property of an absentee be set aside as provided in this chapter may be filed by any of the following persons: (a) A person in whose…
- § 3703 (a) The petition shall contain all of the following: (1) A statement that the petition is filed under this chapter. (2) In its caption, the last known military…
- § 3704 (a) Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by…
- § 3705 (a) Upon the hearing of the petition, any officer or agency of this state or the United States or the authorized delegate of the officer or agency, or any…
- § 3706 A determination by the court that the value of all of the absentee’s property, wherever situated, exceeds twenty thousand dollars ($20,000) or that the…
- § 3707 For the purposes of this chapter, any property or interest therein or lien thereon that the absentee holds as joint tenant shall be included in determining the…
- § 3708 (a) Within six months after the absentee has returned to the controllable jurisdiction of the military department or civilian agency or department concerned,…
ARTICLE 3. Management and Disposition of Personal Property of Absentee Without Court Proceeding §§ 3710–3712 · 3 sections
- § 3710 The family of an absentee may collect, receive, dispose of, or engage in any transaction relating to the absentee’s personal property situated in this state…
- § 3711 (a) If the conditions set forth in Section 3710 are satisfied, the family of the absentee may have any evidence of interest, indebtedness, or right…
- § 3712 The time within which an absentee may commence an action against any person who executes an affidavit and receives property pursuant to this article commences…
ARTICLE 4. Absentee’s Power of Attorney §§ 3720–3722 · 3 sections
- § 3720 If an absentee executed a power of attorney that expires during the period that occasions absentee status, the power of attorney continues in full force and…
- § 3721 For the purposes of Chapter 5 (commencing with Section 4300) of Part 2 of Division 4.5, in the case of a principal who is an absentee, an attorney-in-fact or…
- § 3722 If after the absentee executes a power of attorney, the principal’s spouse who is the attorney-in-fact commences a proceeding for dissolution, annulment, or…
CHAPTER 6. Removal of Property of Nonresident §§ 3800–3803 · 4 sections
- § 3800 (a) If a nonresident has a duly appointed, qualified, and acting guardian, conservator, committee, or comparable fiduciary in the place of residence and if no…
- § 3801 (a) The petition shall be made upon 15 days’ notice, by delivery pursuant to Section 1215, to all of the following persons: (1) The personal representative or…
- § 3802 (a) The nonresident fiduciary shall produce and file one of the following certificates: (1) A certificate that the fiduciary is entitled, by the laws of the…
- § 3803 (a) Upon the petition, if the court determines that removal of the property will not conflict with any restriction or limitation on the property or impair the…