Title PROB, California Prob. Code

In a statutory form power of attorney, the language granting power with respect to insurance and annuity transactions empowers the agent to do all of the following: (a) Continue, pay the premium or assessment on, modify, rescind, release, or terminate a contract procured by or on…

In a statutory form power of attorney, the language granting power with respect to estate, trust, and other beneficiary transactions, empowers the agent to act for the principal in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodiansh…

In a statutory form power of attorney, the language with respect to claims and litigation empowers the agent to do all of the following: (a) Assert and prosecute before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, cross-complaint, or …

(a) In a statutory form power of attorney, the language granting power with respect to personal and family maintenance empowers the agent to do all of the following: (1) Do the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, c…

In a statutory form power of attorney, the language granting power with respect to benefits from social security, Medicare, Medicaid, or other governmental programs, or civil or military service, empowers the agent to do all of the following: (a) Execute vouchers in the name of t…

In a statutory form power of attorney, the language granting power with respect to retirement plan transactions empowers the agent to do all of the following: (a) Select payment options under any retirement plan in which the principal participates, including plans for self-employ…

In a statutory form power of attorney, the language granting power with respect to tax matters empowers the agent to do all of the following: (a) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, Federal Insurance Contributions Act returns, and oth…

The powers described in this chapter are exercisable equally with respect to an interest the principal has when the statutory form power of attorney is executed or acquires later, whether or not the property is located in this state, and whether or not the powers are exercised or…

A statutory form power of attorney under this part does not empower the agent to take any of the actions specified in Section 4264 unless the statutory form power of attorney expressly grants that authority to the attorney-in-fact. (Repealed and added by Stats. 2011, Ch. 113, Sec…

Upon designation by the court, the probate referee has all the powers of a referee of the superior court and all other powers provided in this chapter. (Enacted by Stats. 1990, Ch. 79.)

(a) For the purpose of appraisal of property in the estate, the probate referee may require, and may issue a subpoena to compel, the appearance before the referee of the personal representative, guardian, conservator, or other fiduciary, an interested person, or any other person …

(a) The probate referee may: (1) Examine and take the testimony under oath of a person appearing before the referee. (2) Require, and issue a subpoena to compel, the person to produce any document in the person’s possession or control, concerning the value of any property in the …

(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 and the court, or a judge of the court, has the same power and authority with respect to the proceedings as otherwise pr…

The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)

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 in this state with respect to matters relating to acts and transactions of the attorney-in-fact performed in this state …

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 principal resides. (b) The county in which the attorney-in-fact resides. (c) A county in which property subject to the power …

(a) On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall deliver pursuant to Section 1215 notice of the hearin…

The Legislature finds the following: (a) In recognition of the dignity and privacy a person has a right to expect, the law recognizes that an adult has the fundamental right to control the decisions relating to his or her own health care, including the decision to have life-susta…

(a) Except as otherwise provided, this division applies to health care decisions for adults who lack capacity to make health care decisions for themselves. (b) This division does not affect any of the following: (1) The right of an individual to make health care decisions while h…

This division does not authorize consent to any of the following on behalf of a patient: (a) Commitment to or placement in a mental health treatment facility. (b) Convulsive treatment (as defined in Section 5325 of the Welfare and Institutions Code). (c) Psychosurgery (as defined…

Nothing in this division shall be construed to condone, authorize, or approve mercy killing, assisted suicide, or euthanasia. This division is not intended to permit any affirmative or deliberate act or omission to end life other than withholding or withdrawing health care pursua…

This division does not authorize or require a health care provider or health care institution to provide health care contrary to generally accepted health care standards applicable to the health care provider or health care institution. (Added by Stats. 1999, Ch. 658, Sec. 39. Ef…

(a) This division does not create a presumption concerning the intention of a patient who has not made or who has revoked an advance health care directive. (b) In making health care decisions under this division, a patient’s attempted suicide shall not be construed to indicate a …

Death resulting from withholding or withdrawing health care in accordance with this division does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the po…

A patient is presumed to have the capacity to make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a surrogate. This presumption is a presumption affecting the burden of proof. (Added by Stats. 1999, Ch. 658, Sec. 39. Eff…

Unless otherwise specified in a written advance health care directive, for the purposes of this division, a determination that a patient lacks or has recovered capacity, or that another condition exists that affects an individual health care instruction or the authority of an age…

(a) Except as provided in subdivision (b), none of the following persons may make health care decisions as an agent under a power of attorney for health care or a surrogate under this division: (1) The supervising health care provider or an employee of the health care institution…

A copy of a written advance health care directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as the original. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of …

The form provided in Section 4701 may, but need not, be used to create an advance health care directive. The other sections of this division govern the effect of the form or any other writing used to create an advance health care directive. An individual may complete or modify al…

The statutory advance health care directive form is as follows: ADVANCE HEALTH CARE DIRECTIVE (California Probate Code Section 4701) Explanation You have the right to give instructions about your own physical and mental health care. You also have the right to name someone else to…

(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 and the court, or a judge of the court, has the same power and authority with respect to the proceedings as otherwise pr…

The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)

Without limiting Section 4761, a person who acts as an agent under a power of attorney for health care or as a surrogate under this division is subject to personal jurisdiction in this state with respect to matters relating to acts and transactions of the agent or surrogate perfo…

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 patient resides. (b) The county in which the agent or surrogate resides. (c) Any other county that is in the patient’s best i…

(a) The provisions of Chapter 3 (commencing with Section 5301) concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and…

Nothing in this part affects the law relating to transfers in fraud of creditors. (Enacted by Stats. 1990, Ch. 79.)

(a) Words in substantially the following form in a signature card, passbook, contract, or instrument evidencing an account, or words to the same effect, executed before, on, or after July 1, 1990, create the following accounts: (1) Joint account: “This account or certificate is o…

(a) In addition to a power of attorney otherwise authorized by law, a special power of attorney is authorized under this section to apply to one or more accounts at a financial institution or to one or more contracts with a financial institution concerning safe deposit services. …

This part applies to accounts in existence on July 1, 1990, and accounts thereafter established. (Enacted by Stats. 1990, Ch. 79.)

As used in this part: (a) “Appointee” means the person in whose favor a power of appointment is exercised. (b) “Appointive property” means the property or interest in property that is the subject of the power of appointment. (c) “Creating instrument” means the deed, will, trust, …

(a) A power of appointment is “general” only to the extent that it is exercisable in favor of the powerholder, the powerholder’s estate, the powerholder’s creditors, or creditors of the powerholder’s estate, whether or not it is exercisable in favor of others. (b) A power to cons…

(a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section. (b) The will shall be signed by one of the following: (1) By the testator. (2) In the testator’s name by some other person in the testator’s presence and by the testator’…

(a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator. (b) If a holographic will does not contain a statement as to the date of its execution …

Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a will or a portion of a will if the meaning is unclear. (Added by Stats. 1990, Ch. 710, Sec. 14. Operative July 1, 1991, by Sec. 4…

(a) Any person generally competent to be a witness may act as a witness to a will. (b) A will or any provision thereof is not invalid because the will is signed by an interested witness. (c) Unless there are at least two other subscribing witnesses to the will who are disinterest…

A written will is validly executed if its execution complies with any of the following: (a) The will is executed in compliance with Section 6110 or 6111 or Chapter 6 (commencing with Section 6200) (California statutory will) or Chapter 11 (commencing with Section 6380) (Uniform I…