reglab/housing_qa huggingface dataset:
CA Prob Code § 3705 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 5 - Property of Absent Federal Personnel|ARTICLE 2 - Court Proceeding to Set Aside Personal Property of Absentee|Section 3705.

3705.  (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 allegations of the petition are true and correct, the court may order set aside to the family of the absentee personal property of the absentee situated in this state (excluding any sums due the absentee from the United States) in which the absentee’s interest does not exceed twenty thousand dollars ($20,000). The property set aside shall be specified in the order.(c) No bond shall be required of any person to whom property of the absentee has been set aside by order of the court pursuant to this chapter.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3706 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 5 - Property of Absent Federal Personnel|ARTICLE 2 - Court Proceeding to Set Aside Personal Property of Absentee|Section 3706.

3706.  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 the family of the absentee personal property of the absentee situated in this state in which the absentee’s interest does not exceed twenty thousand dollars ($20,000), and the court shall order set aside such personal property to the family of the absentee if the court finds that all of the other provisions of this chapter have been complied with. The property set aside shall be specified in the order.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3707 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 5 - Property of Absent Federal Personnel|ARTICLE 2 - Court Proceeding to Set Aside Personal Property of Absentee|Section 3707.

3707.  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 provided in this chapter but may only be set aside to a member of the absentee’s family who was a joint tenant with the absentee in the property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3708 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 5 - Property of Absent Federal Personnel|ARTICLE 2 - Court Proceeding to Set Aside Personal Property of Absentee|Section 3708.

3708.  (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 department or agency concerned or the delegate of the secretary or head, the former absentee or the personal representative of the deceased absentee may, by motion in the same proceeding, require the person or persons to whom the property of the absentee was set aside to account for the property and the proceeds, if any. The time of return to the controllable jurisdiction of the military department or civilian department or agency concerned or the determination of the time of death of the absentee shall be determined by the court under 37 United States Code, Section 556, or 5 United States Code, Section 5566. An official written report or record of the military department or civilian department or agency that the absentee has returned to its controllable jurisdiction or is deceased shall be received as evidence of that fact.(b) This section does not in any manner derogate the finality and conclusiveness of any order, judgment, or decree previously entered in the proceeding.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3710 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 5 - Property of Absent Federal Personnel|ARTICLE 3 - Management and Disposition of Personal Property of Absentee Without Court Proceeding|Section 3710.

3710.  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 situated in this state.(b) The aggregate value of all of the absentee’s personal property situated in this state is five thousand dollars ($5,000) or less, excluding any money owed the absentee by the United States.(c) The family of the absentee needs to dispose of such personal property to provide for shelter, food, health care, education, transportation, or the maintenance of a reasonable and adequate standard of living for the family of the absentee.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3711 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 5 - Property of Absent Federal Personnel|ARTICLE 3 - Management and Disposition of Personal Property of Absentee Without Court Proceeding|Section 3711.

3711.  (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 property is to be sold or transferred by the family of the absentee, upon furnishing the person (including any governmental body) having custody of the property both of the following:(1) A certificate of missing status.(2) An affidavit stating under oath that the provisions of this article are applicable and that the aggregate value of all property received pursuant to this affidavit, together with all other property previously received under this article, does not exceed five thousand dollars ($5,000).(b) The receipt of a certificate of missing status and affidavit under subdivision (a) constitutes sufficient acquittance for any payment of money or delivery of property made pursuant to this article and fully discharges the recipient from any further liability concerning the money or property without the necessity of inquiring into the truth of any of the facts stated in the affidavit.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3712 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 5 - Property of Absent Federal Personnel|ARTICLE 3 - Management and Disposition of Personal Property of Absentee Without Court Proceeding|Section 3712.

3712.  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 termination of the condition that caused the classification of an absentee.(b) Two years after the termination of the condition that caused the classification of an absentee.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3720 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 5 - Property of Absent Federal Personnel|ARTICLE 4 - Absentee s Power of Attorney|Section 3720.

3720.  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 when accompanied by a copy of a certificate of missing status is not liable for relying and acting upon the power of attorney.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3721 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 5 - Property of Absent Federal Personnel|ARTICLE 4 - Absentee s Power of Attorney|Section 3721.

3721.  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 while the absentee continues in missing status and until the attorney-in-fact or third person receives notice of the determination of the absentee’s death by the secretary concerned or the head of the department or agency concerned or the delegate of the secretary or head.(b) Revocation by the principal during the period described in subdivision (a).(Added by Stats. 1994, Ch. 307, Sec. 14. Effective January 1, 1995.)
CA Prob Code § 3722 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 5 - Property of Absent Federal Personnel|ARTICLE 4 - Absentee s Power of Attorney|Section 3722.

3722.  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 addition to the provisions of Sections 4154 and 4697.(Amended by Stats. 1999, Ch. 658, Sec. 26. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
CA Prob Code § 4200 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact|Section 4200.

4200.  Only a person having the capacity to contract is qualified to act as an attorney-in-fact.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
CA Prob Code § 4201 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact|Section 4201.

4201.  Designating an unqualified person as an attorney-in-fact does not affect the immunities of third persons nor relieve the unqualified person of any applicable duties to the principal or the principal’s successors.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
CA Prob Code § 4202 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact|Section 4202.

4202.  (a) A principal may designate more than one attorney-in-fact in one or more powers of attorney.(b) Authority granted to two or more attorneys-in-fact is exercisable only by their unanimous action.(c) If a vacancy occurs, the remaining attorneys-in-fact may exercise the authority conferred as if they are the only attorneys-in-fact.(d) If an attorney-in-fact is unavailable because of absence, illness, or other temporary incapacity, the other attorneys-in-fact may exercise the authority under the power of attorney as if they are the only attorneys-in-fact, where necessary to accomplish the purposes of the power of attorney or to avoid irreparable injury to the principal’s interests.(e) An attorney-in-fact is not liable for the actions of other attorneys-in-fact, unless the attorney-in-fact participates in, knowingly acquiesces in, or conceals a breach of fiduciary duty committed by another attorney-in-fact.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
CA Prob Code § 4203 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact|Section 4203.

4203.  (a) A principal may designate one or more successor attorneys-in-fact to act if the authority of a predecessor attorney-in-fact terminates.(b) The principal may grant authority to another person, designated by name, by office, or by function, including the initial and any successor attorneys-in-fact, to designate at any time one or more successor attorneys-in-fact.(c) A successor attorney-in-fact is not liable for the actions of the predecessor attorney-in-fact.(Amended by Stats. 1999, Ch. 658, Sec. 33. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
CA Prob Code § 4204 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact|Section 4204.

4204.  An attorney-in-fact is entitled to reasonable compensation for services rendered to the principal as attorney-in-fact and to reimbursement for reasonable expenses incurred as a result of acting as attorney-in-fact.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
CA Prob Code § 4205 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact|Section 4205.

4205.  (a) An attorney-in-fact may revocably delegate authority to perform mechanical acts to one or more persons qualified to exercise the authority delegated.(b) The attorney-in-fact making a delegation remains responsible to the principal for the exercise or nonexercise of the delegated authority.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
CA Prob Code § 4206 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact|Section 4206.

4206.  (a) If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator of the estate, guardian of the estate, or other fiduciary charged with the management of all of the principal’s property or all of the principal’s property except specified exclusions, the attorney-in-fact is accountable to the fiduciary as well as to the principal. Except as provided in subdivision (b), the fiduciary has the same power to revoke or amend the durable power of attorney that the principal would have had if not incapacitated, subject to any required court approval.(b) If a conservator of the estate is appointed by a court of this state, the conservator can revoke or amend the durable power of attorney only if the court in which the conservatorship proceeding is pending has first made an order authorizing or requiring the fiduciary to modify or revoke the durable power of attorney and the modification or revocation is in accord with the order.(c) This section is not subject to limitation in the power of attorney.(Amended by Stats. 1999, Ch. 658, Sec. 34. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
CA Prob Code § 4207 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact|Section 4207.

4207.  (a) An attorney-in-fact may resign by any of the following means:(1) If the principal is competent, by giving notice to the principal.(2) If a conservator has been appointed, by giving notice to the conservator.(3) On written agreement of a successor who is designated in the power of attorney or pursuant to the terms of the power of attorney to serve as attorney-in-fact.(4) Pursuant to a court order.(b) This section is not subject to limitation in the power of attorney.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
CA Prob Code § 4230 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 2 - Duties of Attorneys-in-Fact|Section 4230.

4230.  (a) Except as provided in subdivisions (b) and (c), a person who is designated as an attorney-in-fact has no duty to exercise the authority granted in the power of attorney and is not subject to the other duties of an attorney-in-fact, regardless of whether the principal has become incapacitated, is missing, or is otherwise unable to act.(b) Acting for the principal in one or more transactions does not obligate an attorney-in-fact to act for the principal in a subsequent transaction, but the attorney-in-fact has a duty to complete a transaction that the attorney-in-fact has commenced.(c) If an attorney-in-fact has expressly agreed in writing to act for the principal, the attorney-in-fact has a duty to act pursuant to the terms of the agreement. The agreement to act on behalf of the principal is enforceable against the attorney-in-fact as a fiduciary regardless of whether there is any consideration to support a contractual obligation.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
CA Prob Code § 4231 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 2 - Duties of Attorneys-in-Fact|Section 4231.

4231.  (a) Except as provided in subdivision (b), in dealing with property of the principal, an attorney-in-fact shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries.(b) An attorney-in-fact who has special skills or expertise or was designated as an attorney-in-fact on the basis of representations of special skills or expertise shall observe the standard of care that would be observed by others with similar skills or expertise.(Amended by Stats. 2010, Ch. 48, Sec. 1. (SB 1038) Effective January 1, 2011.)
CA Prob Code § 4231.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 2 - Duties of Attorneys-in-Fact|Section 4231.5.

4231.5.  (a) If the attorney-in-fact breaches a duty pursuant to this division, the attorney-in-fact is chargeable with any of the following, as appropriate under the circumstances:(1) Any loss or depreciation in value of the principal’s property resulting from the breach of duty, with interest.(2) Any profit made by the attorney-in-fact through the breach of duty, with interest.(3) Any profit that would have accrued to the principal if the loss of profit is the result of the breach of duty.(b) If the attorney-in-fact has acted reasonably and in good faith under the circumstances as known to the attorney-in-fact, the court, in its discretion, may excuse the attorney-in-fact in whole or in part from liability under subdivision (a) if it would be equitable to do so.(c) If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property that belongs to a principal under a power of attorney, or has taken, concealed, or disposed of property that belongs to a principal under a power of attorney by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action to recover the property or for surcharge. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs to the prevailing party. The remedies provided in this section shall be in addition to any other remedies available in law to the principal or any successor in interest of the principal.(Amended by Stats. 2013, Ch. 99, Sec. 2. (AB 381) Effective January 1, 2014.)
CA Prob Code § 4232 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 2 - Duties of Attorneys-in-Fact|Section 4232.

4232.  (a) An attorney-in-fact has a duty to act solely in the interest of the principal and to avoid conflicts of interest.(b) An attorney-in-fact is not in violation of the duty provided in subdivision (a) solely because the attorney-in-fact also benefits from acting for the principal, has conflicting interests in relation to the property, care, or affairs of the principal, or acts in an inconsistent manner regarding the respective interests of the principal and the attorney-in-fact.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
CA Prob Code § 4233 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 2 - Duties of Attorneys-in-Fact|Section 4233.

4233.  (a) The attorney-in-fact shall keep the principal’s property separate and distinct from other property in a manner adequate to identify the property clearly as belonging to the principal.(b) An attorney-in-fact holding property for a principal complies with subdivision (a) if the property is held in the name of the principal or in the name of the attorney-in-fact as attorney-in-fact for the principal.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
CA Prob Code § 4234 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 2 - Duties of Attorneys-in-Fact|Section 4234.

4234.  (a) To the extent reasonably practicable under the circumstances, an attorney-in-fact has a duty to keep in regular contact with the principal, to communicate with the principal, and to follow the instructions of the principal.(b) With court approval, the attorney-in-fact may disobey instructions of the principal.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
CA Prob Code § 4235 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.5 - POWERS OF ATTORNEY|PART 2 - POWERS OF ATTORNEY GENERALLY|CHAPTER 4 - Attorneys-in-Fact|ARTICLE 2 - Duties of Attorneys-in-Fact|Section 4235.

4235.  If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal to give instructions to and supervise the attorney-in-fact, the attorney-in-fact may consult with a person previously designated by the principal for this purpose, and may also consult with and obtain information needed to carry out the attorney-in-fact’s duties from the principal’s spouse, physician, attorney, accountant, a member of the principal’s family, or other person, business entity, or government agency with respect to matters to be undertaken on the principal’s behalf and affecting the principal’s personal affairs, welfare, family, property, and business interests. A person from whom information is requested shall disclose relevant information to the attorney-in-fact. Disclosure under this section is not a waiver of any privilege that may apply to the information disclosed.(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)