reglab/housing_qa huggingface dataset:
CA Prob Code § 1310 (2021)
2021 California Code|Probate Code - PROB|DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE|PART 3 - APPEALS|CHAPTER 2 - Effect of an Appeal|Section 1310.

1310.  (a) Except as provided in subdivisions (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (commencing with Section 1300) stays the operation and effect of the judgment or order.(b) Notwithstanding that an appeal is taken from the judgment or order, for the purpose of preventing injury or loss to a person or property, the trial court may direct the exercise of the powers of the fiduciary, or may appoint a temporary guardian or conservator of the person or estate, or both, or a special administrator or temporary trustee, to exercise the powers, from time to time, as if no appeal were pending. All acts of the fiduciary pursuant to the directions of the court made under this subdivision are valid, irrespective of the result of the appeal. An appeal of the directions made by the court under this subdivision shall not stay these directions.(c) In proceedings for guardianship of the person, Section 917.7 of the Code of Civil Procedure shall apply.(d) An appeal shall not stay the operation and effect of the judgment or order if the court requires an undertaking, as provided in Section 917.9 of the Code of Civil Procedure, and the undertaking is not given.(e) An appeal shall not stay the operation and effect of a judgment for money or an order directing payment of money, unless one of the following applies:(1) A bond is posted as provided in Section 917.1 of the Code of Civil Procedure.(2) The payment is to be made from a decedent’s estate being administered under Division 7 (commencing with Section 7000) or from the estate of a person who is subject to a guardianship or conservatorship of the estate under Division 4 (commencing with Section 1400). However, a court may require a bond as provided in subdivision (d).(Amended by Stats. 2010, Ch. 94, Sec. 1. (AB 2271) Effective January 1, 2011.)
CA Prob Code § 1311 (2021)
2021 California Code|Probate Code - PROB|DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE|PART 3 - APPEALS|CHAPTER 2 - Effect of an Appeal|Section 1311.

1311.  If an order appointing a fiduciary is reversed on appeal for error, all acts of the fiduciary performed after issuance of letters and prior to the reversal are as valid as though the order were affirmed and the person appointed is not liable for any otherwise proper act done in good faith before the reversal, nor is any transaction void by reason of the reversal if entered into with a third person dealing in good faith and for value.(Added by Stats. 1997, Ch. 724, Sec. 11. Effective January 1, 1998.)
CA Prob Code § 1312 (2021)
2021 California Code|Probate Code - PROB|DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE|PART 3 - APPEALS|CHAPTER 2 - Effect of an Appeal|Section 1312.

1312.  Notwithstanding the repeal of former Section 1297 by Chapter 1199 of the Statutes of 1988, an appeal may be taken from an order or the refusal to make an order fixing an inheritance tax or determining that none is due.(Added by Stats. 1997, Ch. 724, Sec. 11. Effective January 1, 1998.)
CA Prob Code § 1400 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1400.

1400.  The portion of this division consisting of Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), Part 3 (commencing with Section 1800), and Part 4 (commencing with Section 2100) may be cited as the Guardianship-Conservatorship Law.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1401 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1401.

1401.  Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1403 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1403.

1403.  “Absentee” means either of the following:(a) A member of a uniformed service covered by United States Code, Title 37, Chapter 10, who is determined thereunder by the secretary concerned, or by the authorized delegate thereof, to be in missing status as missing status is defined therein.(b) An employee of the United States government or an agency thereof covered by United States Code, Title 5, Chapter 55, Subchapter VII, who is determined thereunder by the head of the department or agency concerned, or by the authorized delegate thereof, to be in missing status as missing status is defined therein.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1418 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1418.

1418.  “Court,” when used in connection with matters in the guardianship or conservatorship proceeding, means the court in which such proceeding is pending.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1419 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1419.

1419.  “Court investigator” means the person referred to in Section 1454.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1419.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1419.5.

1419.5.  “Custodial parent” means the parent who either (a) has been awarded sole legal and physical custody of the child in another proceeding, or (b) with whom the child resides if there is currently no operative custody order. If the child resides with both parents, then they are jointly the custodial parent.(Added by Stats. 1993, Ch. 978, Sec. 1. Effective January 1, 1994.)
CA Prob Code § 1420 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1420.

1420.  “Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial handicap for the individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term includes intellectual disability, cerebral palsy, epilepsy, and autism. This term also includes handicapping conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but does not include other handicapping conditions that are solely physical in nature.(Amended by Stats. 2012, Ch. 457, Sec. 44. (SB 1381) Effective January 1, 2013.)
CA Prob Code § 1424 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1424.

1424.  “Interested person” includes, but is not limited to:(a) Any interested state, local, or federal entity or agency.(b) Any interested public officer or employee of this state or of a local public entity of this state or of the federal government.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1430 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1430.

1430.  “Petition” includes an application or request in the nature of a petition.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1431 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1431.

1431.  “Proceedings to establish a limited conservatorship” include proceedings to modify or revoke the powers or duties of a limited conservator.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1440 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1440.

1440.  “Secretary concerned” has the same meaning as provided in United States Code, Title 37, Section 101.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1446 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1446.

1446.  “Single-premium deferred annuity” means an annuity offered by an admitted life insurer for the payment of a one-time lump-sum premium and for which the insurer neither assesses any initial charges or administrative fees against the premium paid nor exacts or assesses any penalty for withdrawal of any funds by the annuitant after a period of five years.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1449 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 1 - Short Title and Definitions|Section 1449.

1449.  (a) As used in this division, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian tribe,” “reservation,” and “tribal court” shall be defined as provided in Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).(b) When used in connection with an Indian child custody proceeding, the terms “extended family member” and “parent” shall be defined as provided in Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).(c) “Indian child custody proceeding” means a “child custody proceeding” within the meaning of Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), including a voluntary or involuntary proceeding that may result in an Indian child’s temporary or long-term foster care or guardianship placement if the parent or Indian custodian cannot have the child returned upon demand, termination of parental rights or adoptive placement.(d) When an Indian child is a member of more than one tribe or is eligible for membership in more than one tribe, the court shall make a determination, in writing together with the reasons for it, as to which tribe is the Indian child’s tribe for purposes of the Indian child custody proceeding. The court shall make that determination as follows:(1) If the Indian child is or becomes a member of only one tribe, that tribe shall be designated as the Indian child’s tribe, even though the child is eligible for membership in another tribe.(2) If an Indian child is or becomes a member of more than one tribe, or is not a member of any tribe but is eligible for membership in more than one tribe, the tribe with which the child has the more significant contacts shall be designated as the Indian child’s tribe. In determining which tribe the child has the more significant contacts with, the court shall consider, among other things, the following factors:(A) The length of residence on or near the reservation of each tribe and frequency of contact with each tribe.(B) The child’s participation in activities of each tribe.(C) The child’s fluency in the language of each tribe.(D) Whether there has been a previous adjudication with respect to the child by a court of one of the tribes.(E) The residence on or near one of the tribes’ reservations by the child parents, Indian custodian, or extended family members. (F) Tribal membership of custodial parent or Indian custodian.(G) Interest asserted by each tribe in response to the notice specified in Section 1460.2.(H) The child’s self-identification.(3) If an Indian child becomes a member of a tribe other than the one designated by the court as the Indian child’s tribe under paragraph (2), actions taken based on the court’s determination prior to the child’s becoming a tribal member shall continue to be valid.(Added by Stats. 2006, Ch. 838, Sec. 16. Effective January 1, 2007.)
CA Prob Code § 1452 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 2 - General Provisions|Section 1452.

1452.  Except as otherwise specifically provided in this division, there is no right to trial by jury in proceedings under this division.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1453 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 2 - General Provisions|Section 1453.

1453.  A motion for a new trial may be made only in cases in which, under the provisions of this division, a right to jury trial is expressly granted, whether or not the case was tried by a jury.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1454 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 2 - General Provisions|Section 1454.

1454.  (a) The court shall appoint a court investigator when one is required for the purposes of a proceeding under this division. The person appointed as the court investigator shall be an officer or special appointee of the court with no personal or other beneficial interest in the proceeding.(b) The person appointed as the court investigator shall have the following qualifications:(1) The training or experience, or both, necessary (i) to make the investigations required under this division, (ii) to communicate with, assess, and deal with persons who are or may be the subject of proceedings under this division, and (iii) to perform the other duties required of a court investigator.(2) A demonstrated sufficient knowledge of law so as to be able to inform conservatees and proposed conservatees of the nature and effect of a conservatorship proceeding and of their rights, to answer their questions, and to inform conservators concerning their powers and duties.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1455 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 2 - General Provisions|Section 1455.

1455.  Any petition for instructions or to grant a guardian or a conservator any power or authority under this division, which may be filed by a guardian or conservator, may also be filed by a person who petitions for the appointment of a guardian or conservator, including, but not limited to, a person who petitions under Section 2002 for transfer of conservatorship.(Amended by Stats. 2014, Ch. 553, Sec. 4. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
CA Prob Code § 1456 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 2 - General Provisions|Section 1456.

1456.  (a) In addition to any other requirements that are part of the judicial branch education program, on or before January 1, 2008, the Judicial Council shall adopt a rule of court that shall do all of the following:(1) Specifies the qualifications of a court-employed staff attorney, examiner, and investigator, and any attorney appointed pursuant to Sections 1470 and 1471.(2) Specifies the number of hours of education in classes related to conservatorships or guardianships that a judge who is regularly assigned to hear probate matters shall complete, upon assuming the probate assignment, and then over a three-year period on an ongoing basis.(3) Specifies the number of hours of education in classes related to conservatorships or guardianships that a court-employed staff attorney, examiner, and investigator, and any attorney appointed pursuant to Sections 1470 and 1471 shall complete each year.(4) Specifies the particular subject matter that shall be included in the education required each year.(5) Specifies reporting requirements to ensure compliance with this section.(b) In formulating the rule required by this section, the Judicial Council shall consult with interested parties, including, but not limited to, the California Judges Association, the California Association of Superior Court Investigators, the California Public Defenders Association, the County Counsels’ Association of California, the State Bar of California, the National Guardianship Association, the Professional Fiduciary Association of California, the California Association of Public Administrators, Public Guardians and Public Conservators, a disability rights organization, and the Association of Professional Geriatric Care Managers.(Amended by Stats. 2007, Ch. 553, Sec. 2. Effective January 1, 2008.)
CA Prob Code § 1456.2 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 2 - General Provisions|Section 1456.2.

1456.2.  On or before January 1, 2010, the public conservator shall comply with the continuing education requirements that are established by the California State Association of Public Administrators, Public Guardians, and Public Conservators.(Added by Stats. 2008, Ch. 237, Sec. 2. Effective January 1, 2009.)
CA Prob Code § 1456.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 2 - General Provisions|Section 1456.5.

1456.5.  Each court shall ensure compliance with the requirements of filing the inventory and appraisal and the accountings required by this division. Courts may comply with this section in either of the following ways:(a) By placing on the court’s calendar, at the time of the appointment of the guardian or conservator and at the time of approval of each accounting, a future hearing date to enable the court to confirm timely compliance with these requirements.(b) By establishing and maintaining internal procedures to generate an order for appearance and consideration of appropriate sanctions or other actions if the guardian or conservator fails to comply with the requirements of this section.(Added by Stats. 2007, Ch. 553, Sec. 3. Effective January 1, 2008.)
CA Prob Code § 1457 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 2 - General Provisions|Section 1457.

1457.  In order to assist relatives and friends who may seek appointment as a nonprofessional conservator or guardian the Judicial Council shall, on or before January 1, 2008, develop a short educational program of no more than three hours that is user-friendly and shall make that program available free of charge to each proposed conservator and guardian and each court-appointed conservator and guardian who is not required to be licensed as a professional conservator or guardian pursuant to Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code. The program may be available by video presentation or Internet access.(Amended by Stats. 2007, Ch. 553, Sec. 4. Effective January 1, 2008.)
CA Prob Code § 1459.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 1 - DEFINITIONS AND GENERAL PROVISIONS|CHAPTER 2 - General Provisions|Section 1459.5.

1459.5.  (a)  The Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) shall apply to the following guardianship or conservatorship proceedings under this division when the proposed ward or conservatee is an Indian child:(1) In any case in which the petition is a petition for guardianship of the person and the proposed guardian is not the natural parent or Indian custodian of the proposed ward, unless the proposed guardian has been nominated by the natural parents pursuant to Section 1500 and the parents retain the right to have custody of the child returned to them upon demand.(2) To a proceeding to have an Indian child declared free from the custody and control of one or both parents brought in a guardianship proceeding.(3) In any case in which the petition is a petition for conservatorship of the person of a minor whose marriage has been dissolved, the proposed conservator is seeking physical custody of the minor, the proposed conservator is not the natural parent or Indian custodian of the proposed conservatee and the natural parent or Indian custodian does not retain the right to have custody of the child returned to them upon demand.(b) When the Indian Child Welfare Act applies to a proceeding under this division, the court shall apply Sections 224.3 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code, and the following rules from the California Rules of Court, as they read on January 1, 2005:(1) Paragraph (7) of subdivision (b) of Rule 1410.(2) Subdivision (i) of Rule 1412.(c) In the provisions cited in subdivision (b), references to social workers, probation officers, county welfare department, or probation department shall be construed as meaning the party seeking a foster care placement, guardianship, or adoption.(Added by Stats. 2006, Ch. 838, Sec. 18. Effective January 1, 2007.)