Title PROB — California Prob. Code

“Conservatorship estate” includes the guardianship estate of a married minor. (Enacted by Stats. 1990, Ch. 79.)

“Conservatorship proceeding” means conservatorship of the estate proceeding and includes a guardianship of the estate proceeding of a married minor. (Enacted by Stats. 1990, Ch. 79.)

(a) Unless the spouse lacks legal capacity under the applicable standard prescribed in subdivision (b), a spouse has legal capacity to: (1) Manage and control community property, including legal capacity to dispose of community property. (2) Join in or consent to a transaction in…

(a) The proceeds, rents, issues, and profits of community property dealt with or disposed of under this division, and any property taken in exchange for the community property or acquired with the proceeds, are community property. (b) Except as provided in this part for the manag…

(a) Except as provided in subdivisions (b) and (c), where one or both of the spouses has a conservator, the court in which any of the conservatorship proceedings is pending may hear and determine whether property is community property or the separate property of either spouse whe…

This part may be cited as the Fiduciaries’ Wartime Substitution Law. (Enacted by Stats. 1990, Ch. 79.)

Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)

“Consultant” means a person, other than a trustee, designated in a trust to advise or direct the trustee concerning the trust, or whose consent or approval is required for a purchase, sale, exchange, or other transaction by the trustee, and includes a settlor who reserves the pow…

“Estate” means a trust estate, a decedent’s estate, a guardianship or conservatorship estate, or other property that is the subject of a donative transfer. (Enacted by Stats. 1990, Ch. 79.)

“Interested person” means, in addition to the meaning given that term in Section 48, a person having a property right in or claim against a guardianship or conservatorship estate or other estate that may be affected by the proceeding. (Enacted by Stats. 1990, Ch. 79.)

“Original fiduciary” means a fiduciary who is replaced by a substitute fiduciary or who makes a delegation of power under this part. (Enacted by Stats. 1990, Ch. 79.)

A fiduciary or consultant is engaged in war service for the purpose of this part in each of the following cases: (a) Where the person is a member of the armed forces of the United States or like forces of any nation with which the United States is allied or associated in time of …

This part applies to all fiduciaries and consultants, whether appointed or acting before, on, or after July 1, 1989. (Enacted by Stats. 1990, Ch. 79.)

This part does not apply to the extent an otherwise valid provision in an instrument provides a different or contrary rule or is otherwise inconsistent with this part. (Enacted by Stats. 1990, Ch. 79.)

Proceedings under this part are in the court having jurisdiction over the estate or, if none, any court in which jurisdiction of the estate is proper. (Enacted by Stats. 1990, Ch. 79.)

Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons: (a) In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (comme…

An adult having capacity may give an individual health care instruction. The individual instruction may be oral or written. The individual instruction may be limited to take effect only if a specified condition arises.

(a) An adult having capacity may execute a power of attorney for health care, as provided in Article 2 (commencing with Section 4680). The power of attorney for health care may authorize the agent to make health care decisions and may also include individual health care instructi…

(a) A written advance health care directive may include the individual’s nomination of a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration by the court if protective proceedings for the individual’s person or estate are …

(a) A written advance health care directive is legally sufficient if all of the following requirements are satisfied: (1) The advance directive contains the date of its execution. (2) The advance directive is signed either by the patient or in the patient’s name by another adult …

If the written advance health care directive is signed by witnesses, as provided in Section 4673, the following requirements shall be satisfied: (a) The witnesses shall be adults. (b) Each witness signing the advance directive shall witness either the signing of the advance direc…

(a) If an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance directive is not effective unless a patient advocate or ombudsman, as may be designated by the Department of Aging for this purpose pursuant to an…

(a) A written advance health care directive or similar instrument executed in another state or jurisdiction in compliance with the laws of that state or jurisdiction or of this state, is valid and enforceable in this state to the same extent as a written advance directive validly…

A health care provider, health care service plan, health care institution, disability insurer, self-insured employee welfare plan, or nonprofit hospital plan or a similar insurance plan may not require or prohibit the execution or revocation of an advance health care directive as…

Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care informatio…

(a) (1) This chapter does not prohibit the execution of a voluntary standalone psychiatric advance directive. (2) As used in this chapter, “psychiatric advance directive” means a legal document, executed on a voluntary basis by a person who has the capacity to make medical decisi…

A power of attorney for health care is legally sufficient if it satisfies the requirements of Section 4673.

(a) Except as provided in subdivision (b), the principal may limit the application of any provision of this division by an express statement in the power of attorney for health care or by providing an inconsistent rule in the power of attorney. (b) A power of attorney for health …

Unless otherwise provided in a power of attorney for health care, the authority of an agent becomes effective only on a determination that the principal lacks capacity, and ceases to be effective on a determination that the principal has recovered capacity.

Subject to any limitations in the power of attorney for health care: (a) An agent designated in the power of attorney may make health care decisions for the principal to the same extent the principal could make health care decisions if the principal had the capacity to do so. (b)…

An agent shall make a health care decision in accordance with the principal’s individual health care instructions, if any, and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent’s determination of the principal…

Unless the power of attorney for health care provides otherwise, the agent designated in the power of attorney who is known to the health care provider to be reasonably available and willing to make health care decisions has priority over any other person in making health care de…

Unless the power of attorney for health care provides a time of termination, the authority of the agent is exercisable notwithstanding any lapse of time since execution of the power of attorney.

Nothing in this division affects any right the person designated as an agent under a power of attorney for health care may have, apart from the power of attorney, to make or participate in making health care decisions for the principal.

Where this division does not provide a rule governing agents under powers of attorney, the law of agency applies.

Nothing in this division authorizes an agent under a power of attorney for health care to make a health care decision if the principal objects to the decision. If the principal objects to the health care decision of the agent under a power of attorney, the matter shall be governe…

(a) If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal, the agent may consult with a person previously designated by the principal for this purpose, and may also consult with and obtain information needed…

If directed by the principal in a power of attorney for health care, an attorney-in-fact shall, upon the death of the principal, inform those individuals whose names are provided by the principal to the attorney-in-fact for that purpose.

(a) A patient having capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider. (b) A patient having capacity may revoke all or part of an advance health care directive, other than the designation of a…

A health care provider, agent, conservator, or surrogate who is informed of a revocation of an advance health care directive shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution where the patient is recei…

(a) If after executing a power of attorney for health care the principal’s marriage to the agent is dissolved or annulled, the principal’s designation of the former spouse as an agent to make health care decisions for the principal is revoked. (b) If the agent’s authority is revo…

An advance health care directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict.

This part may be cited as the California Multiple-Party Accounts Law. (Enacted by Stats. 1990, Ch. 79.)

Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)

(a) “Account” means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account, and other like arrangement. (b) “Account” does not include: (1) An account established for …

“Agent” means a person who has a present right, subject to request, to payment from an account as an attorney in fact under a power of attorney. (Enacted by Stats. 1990, Ch. 79.)

“Beneficiary” means a person named in a Totten trust account as one for whom a party to the account is named as trustee. (Enacted by Stats. 1990, Ch. 79.)

“Financial institution” includes: (a) A financial institution as defined in Section 40. (b) An industrial loan company as defined in Section 18003 of the Financial Code. (Enacted by Stats. 1990, Ch. 79.)

“Joint account” means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship. (Enacted by Stats. 1990, Ch. 79.)

A “multiple-party account” is any of the following types of account: (a) A joint account. (b) A P.O.D. account. (c) A Totten trust account. (Enacted by Stats. 1990, Ch. 79.)