reglab/housing_qa huggingface dataset:
CA Prob Code § 634 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 2 - Scope of Donee s Authority|Section 634.

634.  A power of appointment created in favor of two or more powerholders can only be exercised when all of the powerholders unite in its exercise. If one or more of the powerholders dies, becomes legally incapable of exercising the power, or releases the power, the power may be exercised by the others, unless expressly prohibited by the creating instrument.(Amended by Stats. 2016, Ch. 81, Sec. 7. (AB 2846) Effective January 1, 2017.)
CA Prob Code § 635 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 2 - Scope of Donee s Authority|Section 635.

635.  Nothing in this chapter affects the power of a court of competent jurisdiction to remedy a defective exercise of an imperative power of appointment.(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
CA Prob Code § 640 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 3 - Donee s Required Intent|Section 640.

640.  (a) The exercise of a power of appointment requires a manifestation of the powerholder’s intent to exercise the power.(b) A manifestation of the powerholder’s intent to exercise a power of appointment exists in any of the following circumstances:(1) The powerholder declares, in substance, that the powerholder exercises specific powers or all the powers the powerholder has.(2) The powerholder purports to transfer an interest in the appointive property that the powerholder would have no power to transfer except by virtue of the power.(3) The powerholder makes a disposition that, when considered with reference to the property owned and the circumstances existing at the time of the disposition, manifests the powerholder’s understanding that the powerholder was disposing of the appointive property.(c) The circumstances described in subdivision (b) are illustrative, not exclusive.(Amended by Stats. 2016, Ch. 81, Sec. 8. (AB 2846) Effective January 1, 2017.)
CA Prob Code § 641 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 3 - Donee s Required Intent|Section 641.

641.  (a) A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to exercise the power.(b) This section applies in a case where the powerholder dies on or after July 1, 1982.(Amended by Stats. 2016, Ch. 81, Sec. 9. (AB 2846) Effective January 1, 2017.)
CA Prob Code § 642 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 3 - Donee s Required Intent|Section 642.

642.  If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the following cases:(a) The creating instrument manifests an intent that the power may not be exercised by a will previously executed.(b) The will manifests an intent not to exercise a power subsequently acquired.(Amended by Stats. 2016, Ch. 81, Sec. 10. (AB 2846) Effective January 1, 2017.)
CA Prob Code § 650 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 4 - Types of Appointments|Section 650.

650.  (a) The powerholder of a general power of appointment may make an appointment:(1) Of all of the appointive property at one time, or several partial appointments at different times, where the power is exercisable inter vivos.(2) Of present or future interests or both.(3) Subject to conditions or charges.(4) Subject to otherwise lawful restraints on the alienation of the appointed interest.(5) In trust.(6) Creating a new power of appointment.(b) The listing in subdivision (a) is illustrative, not exclusive.(Amended by Stats. 2016, Ch. 81, Sec. 11. (AB 2846) Effective January 1, 2017.)
CA Prob Code § 651 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 4 - Types of Appointments|Section 651.

651.  Subject to the limitations imposed by the creating instrument, the powerholder of a special power may make any of the types of appointment permissible for the powerholder of a general power under Section 650.(Amended by Stats. 2016, Ch. 81, Sec. 12. (AB 2846) Effective January 1, 2017.)
CA Prob Code § 652 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 4 - Types of Appointments|Section 652.

652.  (a) Except as provided in subdivision (b), the powerholder of a special power of appointment may appoint the whole or any part of the appointive property to any one or more of the permissible appointees and exclude others.(b) If the donor specifies either a minimum or maximum share or amount to be appointed to one or more of the permissible appointees, the exercise of the power must conform to the specification.(Amended by Stats. 2016, Ch. 81, Sec. 13. (AB 2846) Effective January 1, 2017.)
CA Prob Code § 660 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 5 - Contracts to Appoint; Releases|Section 660.

660.  (a) The powerholder of a power of appointment that is presently exercisable, whether general or special, can contract to make an appointment to the same extent that the powerholder could make an effective appointment.(b) The powerholder of a power of appointment cannot contract to make an appointment while the power of appointment is not presently exercisable. If a promise to make an appointment under such a power is not performed, the promisee cannot obtain either specific performance or damages, but the promisee is not prevented from obtaining restitution of the value given by the promisee for the promise.(c) Unless the creating instrument expressly provides that the powerholder may not contract to make an appointment while the power of appointment is not presently exercisable, subdivision (b) does not apply to the case where the donor and the powerholder are the same person. In this case, the powerholder can contract to make an appointment to the same extent that the powerholder could make an effective appointment if the power of appointment were presently exercisable.(Amended by Stats. 2016, Ch. 81, Sec. 14. (AB 2846) Effective January 1, 2017.)
CA Prob Code § 661 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 5 - Contracts to Appoint; Releases|Section 661.

661.  (a) Unless the creating instrument otherwise provides, a general or special power of appointment that is a discretionary power, whether testamentary or otherwise, may be released, either with or without consideration, by a written instrument signed by the powerholder and delivered as provided in subdivision (c).(b) A releasable power may be released with respect to the whole or any part of the appointive property and may also be released in such manner as to reduce or limit the permissible appointees. No partial release of a power shall be deemed to make imperative the remaining power that was not imperative before the release unless the instrument of release expressly so provides. No release of a power that is not presently exercisable is permissible where the donor designated persons or a class to take in default of the powerholder’s exercise of the power unless the release serves to benefit all persons designated as provided by the donor.(c) A release shall be delivered as follows:(1) If the creating instrument specifies a person to whom a release is to be delivered, the release shall be delivered to that person, but delivery need not be made as provided in this paragraph if the person cannot with due diligence be found.(2) In a case where the property to which the power relates is held by a trustee, the release shall be delivered to the trustee.(3) In a case not covered by paragraph (1) or (2), the release may be delivered to any of the following:(A) A person, other than the powerholder, who could be adversely affected by the exercise of the power.(B) The county recorder of the county in which the powerholder resides or in which the deed, will, or other instrument creating the power is filed.(d) A release of a power of appointment that affects real property or obligations secured by real property shall be acknowledged and proved, and may be certified and recorded, in like manner and with like effect as grants of real property, and all statutory provisions relating to the recordation or nonrecordation of conveyances of real property and to the effect thereof apply to a release with like effect, without regard to the date when the release was delivered, if at all, pursuant to subdivision (c). Failure to deliver, pursuant to subdivision (c), a release that is recorded pursuant to this subdivision does not affect the validity of any transaction with respect to the real property or obligation secured thereby, and the general laws of this state on recording and its effect govern the transaction.(e) This section does not impair the validity of a release made before July 1, 1970.(Amended by Stats. 2016, Ch. 81, Sec. 15. (AB 2846) Effective January 1, 2017.)
CA Prob Code § 662 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 14 - POWERS OF APPOINTMENT|CHAPTER 4 - Exercise of Powers of Appointment|ARTICLE 5 - Contracts to Appoint; Releases|Section 662.

662.  (a) A release on behalf of a minor powerholder shall be made by the guardian of the estate of the minor pursuant to an order of court obtained under this section.(b) The guardian or other interested person may file a petition with the court in which the guardianship of the estate proceeding is pending for an order of the court authorizing or requiring the guardian to release the ward’s powers as a powerholder or a power of appointment in whole or in part.(c) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 of Division 4 to all of the following (other than the petitioner or persons joining in the petition):(1) The persons required to be given notice under Chapter 3 (commencing with Section 1460) of Part 1 of Division 4.(2) The donor of the power, if alive.(3) The trustee, if the property to which the power relates is held by a trustee.(4) Other persons as ordered by the court.(d) After hearing, the court in its discretion may make an order authorizing or requiring the guardian to release on behalf of the ward a general or special power of appointment as permitted under Section 661, if the court determines, taking into consideration all the relevant circumstances, that the ward as a prudent person would make the release of the power of appointment if the ward had the capacity to do so.(e) Nothing in this section imposes any duty on the guardian to file a petition under this section, and the guardian is not liable for failure to file a petition under this section.(Amended by Stats. 2016, Ch. 81, Sec. 16. (AB 2846) Effective January 1, 2017.)
CA Prob Code § 720 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY|CHAPTER 3 - Termination of Deposit|ARTICLE 1 - Termination by Depositor|Section 720.

720.  A depositor may terminate a deposit on demand, in which case the attorney shall deliver the document to the depositor.(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
CA Prob Code § 730 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY|CHAPTER 3 - Termination of Deposit|ARTICLE 2 - Termination by Attorney|Section 730.

730.  An attorney with whom a document has been deposited, or to whom a document has been transferred pursuant to this article, may terminate the deposit only as provided in this article.(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
CA Prob Code § 731 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY|CHAPTER 3 - Termination of Deposit|ARTICLE 2 - Termination by Attorney|Section 731.

731.  An attorney may terminate the deposit by one of the following methods:(a) Personal delivery of the document to the depositor.(b) Mailing the document to the depositor’s last known address, by registered or certified mail with return receipt requested, and receiving a signed receipt.(c) The method agreed on by the depositor and attorney.(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
CA Prob Code § 732 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY|CHAPTER 3 - Termination of Deposit|ARTICLE 2 - Termination by Attorney|Section 732.

732.  (a) An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositor’s last known address and the depositor has failed to reclaim the document within 90 days after delivery.(b) Subject to subdivision (f), an attorney may terminate a deposit under this section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney.(c) Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this section by transferring the document to the clerk of the superior court of the county of the depositor’s last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to this section.(d) An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section.(e) Transfer of a document by an attorney under this section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the document remains privileged after the transfer.(f) If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in Section 734.(Amended by Stats. 2017, Ch. 319, Sec. 11. (AB 976) Effective January 1, 2018.)
CA Prob Code § 733 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY|CHAPTER 3 - Termination of Deposit|ARTICLE 2 - Termination by Attorney|Section 733.

733.  (a) An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information:(1) The name of the depositor.(2) The date of the transfer.(3) The name, address, and State Bar number of the transferring attorney.(4) Whether any documents are transferred to an attorney, and the name, address, and State Bar number of the attorney to whom the documents are transferred.(5) Whether any documents are transferred to a superior court clerk.(b) The State Bar shall record only one notice of transfer for each transferring attorney. The State Bar shall prescribe the form for the notice of transfer. On request by any person, the State Bar shall give that person information in the notice of transfer. At its sole election, the State Bar may give the information orally or in writing.(Amended by Stats. 2017, Ch. 319, Sec. 12. (AB 976) Effective January 1, 2018.)
CA Prob Code § 734 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY|CHAPTER 3 - Termination of Deposit|ARTICLE 2 - Termination by Attorney|Section 734.

734.  (a) In cases not governed by subdivision (b) or (c), after the death of the depositor an attorney may terminate a deposit by personal delivery of the document to the depositor’s personal representative.(b) If the document is a will and the attorney has actual notice that the depositor has died but does not have actual notice that a personal representative has been appointed for the depositor, an attorney may terminate a deposit only as provided in Section 8200.(c) If the document is a trust, after the death of the depositor an attorney may terminate a deposit by personal delivery of the document either to the depositor’s personal representative or to the trustee named in the document.(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
CA Prob Code § 735 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY|CHAPTER 3 - Termination of Deposit|ARTICLE 2 - Termination by Attorney|Section 735.

735.  (a) If the attorney is deceased or lacks legal capacity, a deposit may be terminated as provided in this article by the attorney’s law partner, by a shareholder of the attorney’s law corporation, or by a lawyer or nonlawyer employee of the attorney’s firm, partnership, or corporation.(b) If the attorney lacks legal capacity and there is no person to act under subdivision (a), a deposit may be terminated by the conservator of the attorney’s estate or by an attorney in fact acting under a durable power of attorney. A conservator of the attorney’s estate may act without court approval.(c) If the attorney is deceased and there is no person to act under subdivision (a), a deposit may be terminated by the attorney’s personal representative.(d) If a person authorized under this section terminates a deposit as provided in Section 732, the person shall give the notice required by Section 733.(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
CA Prob Code § 1500 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 2 - GUARDIANSHIP|CHAPTER 1 - Establishment of Guardianship|ARTICLE 1 - Nomination of Guardian|Section 1500.

1500.  Subject to Section 1502, a parent may nominate a guardian of the person or estate, or both, of a minor child in either of the following cases:(a) Where the other parent nominates, or consents in writing to the nomination of, the same guardian for the same child.(b) Where, at the time the petition for appointment of the guardian is filed, either (1) the other parent is dead or lacks legal capacity to consent to the nomination or (2) the consent of the other parent would not be required for an adoption of the child.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1500.1 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 2 - GUARDIANSHIP|CHAPTER 1 - Establishment of Guardianship|ARTICLE 1 - Nomination of Guardian|Section 1500.1.

1500.1.  (a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent to nomination of a guardian of the person or of a guardian of the person and the estate given by an Indian child’s parent is not valid unless both of the following occur:(1) The consent is executed in writing at least 10 days after the child’s birth and recorded before a judge.(2) The judge certifies that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that they were interpreted into a language that the parent understood.(b) The parent of an Indian child may withdraw his or her consent to guardianship for any reason at any time prior to the issuance of letters of guardianship and the child shall be returned to the parent.(Added by Stats. 2006, Ch. 838, Sec. 21. Effective January 1, 2007.)
CA Prob Code § 1501 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 2 - GUARDIANSHIP|CHAPTER 1 - Establishment of Guardianship|ARTICLE 1 - Nomination of Guardian|Section 1501.

1501.  Subject to Section 1502, a parent or any other person may nominate a guardian for property that a minor receives from or by designation of the nominator (whether before, at the time of, or after the nomination) including, but not limited to, property received by the minor by virtue of a gift, deed, trust, will, succession, insurance, or benefits of any kind.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1502 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 2 - GUARDIANSHIP|CHAPTER 1 - Establishment of Guardianship|ARTICLE 1 - Nomination of Guardian|Section 1502.

1502.  (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed.(b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such conditions as the subsequent legal incapacity or death of the person making the nomination.(c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination.(Enacted by Stats. 1990, Ch. 79.)