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California Probate Code

§ 3140

PROB § 3140 Effective Sep 22, 2012Div. 4 · Part 6 · Ch. 3 · Art. 5
(a)A conservator served pursuant to this article shall, and the Director of State Hospitals or the Director of Developmental Services given notice pursuant to Section 1461 may, appear at the hearing and represent a spouse alleged to lack legal capacity for the proposed transaction.
(b)The court may, in its discretion and if necessary, appoint an investigator to review the proposed transaction and report to the court regarding its advisability.
(c)If the court determines that a spouse alleged to lack legal capacity has not competently retained independent counsel, the court may in its discretion appoint the public guardian, public administrator, or a guardian ad litem to represent the interests of the spouse.

Legislative history

Amended by Stats. 2012, Ch. 440, Sec. 53. (AB 1488) Effective September 22, 2012.

Source: California Probate Code § 3140 from the California Legislative Information (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.