Title PROB — California Prob. Code

(a) It is the intent of the Legislature to do all of the following: (1) Reduce the incidence of financial abuse perpetrated against mentally impaired elder adults. (2) Minimize monetary losses to mentally impaired elder adults as a result of financial abuse. (3) Facilitate timely…

The definitions contained in this section shall govern the construction of this chapter, unless the context requires otherwise. (a) “Declaration” means a document that substantially complies with the requirements of Section 2954, and is signed by both a peace officer and a superv…

(a) A peace officer may issue a declaration, as provided in Section 2954, concerning an elder person if all of the following conditions are satisfied: (1) There is probable cause to believe that the elder person is substantially unable to manage his or her financial resources or …

(a) (1) A public guardian who has taken possession or control of the property of an elder person pursuant to this chapter is entitled to petition a court of competent jurisdiction for the reasonable costs incurred by the public guardian for the protection of the person or the pro…

A declaration issued by a peace officer under this chapter shall not be valid unless it substantially complies with the following form: DECLARATION PRINT OR TYPE 1. My name is:. My badge number is:. My office address and telephone number are: . 2. I am a duly sworn peace officer …

Nothing in this chapter shall prohibit or restrict a public guardian from undertaking any other proceeding authorized by law.

As used in this chapter: (a) “Absentee” is defined in Section 1403. (b) “Certificate of missing status” means the official written report complying with Section 1283 of the Evidence Code and showing the determination of the secretary of the military department or the head of the …

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 the purpose of managing, controlling, encumbering, selling, or conveying, or otherwise engaging in any transaction with res…

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 favor the personal property of the absentee may be set aside. (b) A person to whom the absentee has issued a general power…

(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 rank or grade and the social security account number of the absentee. (3) A specific description and estimate of the val…

(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 all of the following means: (1) By delivery pursuant to Section 1215, together with a copy of the petition, to all person…

(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 relative or friend of the absentee, may appear and support or oppose the petition. (b) If the court determines that the alleg…

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 absentee owns or has an interest in real property, wherever situated, does not deprive the court of jurisdiction to set aside to…

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 property of the absentee and its value. The joint tenancy interest may be set aside to the family of the absentee as pro…

(a) Within six months after the absentee has returned to the controllable jurisdiction of the military department or civilian agency or department concerned, or within six months after the determination of death of the absentee by the secretary concerned or the head of the depart…

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 without any judicial proceeding if all the following conditions are satisfied: (a) The absentee owns no real property situa…

(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 attributable to the absentee’s personal property transferred to the family of the absentee, or transferred to the person to whom the…

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 to run on the earlier of the following dates: (a) Ninety days after the absentee returns to the United States after the t…

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 effect until 30 days after the absentee status is terminated. Any person who acts in reliance upon the power of attorney wh…

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 third person shall be deemed to be without actual knowledge of the following: (a) The principal’s death or incapacity whil…

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 legal separation, or a legal separation is ordered, the attorney-in-fact’s authority is revoked. This section is in additio…