BlackletterCalifornia law

PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500. - 4545.]

Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37.

§§ 4500–4545 · 16 sections

  1. CHAPTER 1. General Provisions §§ 4500–4505 · 6 sections
    • § 4500 A power of attorney is exercisable free of judicial intervention, subject to this part.
    • § 4501 The remedies provided in this part are cumulative and not exclusive of any other remedies provided by law.
    • § 4502 Except as provided in Section 4503, this part is not subject to limitation in the power of attorney.
    • § 4503 (a) Subject to subdivision (b), a power of attorney may expressly eliminate the authority of a person listed in Section 4540 to petition the court for any one…
    • § 4504 There is no right to a jury trial in proceedings under this division.
    • § 4505 Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division.
  2. CHAPTER 2. Jurisdiction and Venue §§ 4520–4523 · 4 sections
    • § 4520 (a) The superior court has jurisdiction in proceedings under this division. (b) The court in proceedings under this division is a court of general jurisdiction…
    • § 4521 The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.
    • § 4522 Without limiting Section 4521, a person who acts as an attorney-in-fact under a power of attorney governed by this division is subject to personal jurisdiction…
    • § 4523 The proper county for commencement of a proceeding under this division shall be determined in the following order of priority: (a) The county in which the…
  3. CHAPTER 3. Petitions, Orders,Appeals §§ 4540–4545 · 6 sections
    • § 4540 Subject to Section 4503, a petition may be filed under this part by any of the following persons: (a) The attorney-in-fact. (b) The principal. (c) The spouse…
    • § 4541 A petition may be filed under this part for any one or more of the following purposes: (a) Determining whether the power of attorney is in effect or has…
    • § 4542 A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of the…
    • § 4543 The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the principal or the…
    • § 4544 (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing,…
    • § 4545 In a proceeding under this part commenced by the filing of a petition by a person other than the attorney-in-fact, the court may in its discretion award…