reglab/housing_qa huggingface dataset:
CA Prob Code § 3121 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 3 - Petition|Section 3121.

3121.  The petition shall set forth all of the following information:(a) The name, age, and residence of each spouse.(b) If one or both spouses is alleged to lack legal capacity for the proposed transaction, a statement that the spouse has a conservator or a statement of the facts upon which the allegation is based.(c) If there is a conservator of a spouse, the name and address of the conservator, the county in which the conservatorship proceeding is pending, and the court number of the proceeding.(d) If a spouse alleged to lack legal capacity for the proposed transaction is a patient in or on leave of absence from a state institution under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the name and address of the institution.(e) The names and addresses of all of the following persons:(1) Relatives within the second degree of each spouse alleged to lack legal capacity for the proposed transaction.(2) If the petition is to provide gifts or otherwise affect estate planning of the spouse who is alleged to lack capacity, as would be properly the subject of a petition under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 (substituted judgment) in the case of a conservatorship, the names and addresses of the persons identified in Section 2581.(f) A sufficient description of the property that is the subject of the proposed transaction.(g) An allegation that the property is community property, and, if the proposed transaction involves property in which a spouse also has a separate property interest, an allegation of good cause to include that separate property in the transaction.(h) The estimated value of the property.(i) The terms and conditions of the proposed transaction, including the names of all parties thereto.(j) The relief requested.(Amended by Stats. 2012, Ch. 440, Sec. 52. (AB 1488) Effective September 22, 2012.)
CA Prob Code § 3122 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 3 - Petition|Section 3122.

3122.  If the proceeding is brought for a court order authorizing a proposed transaction, the petition shall set forth, in addition to the information required by Section 3121, all of the following:(a) An allegation that one of the spouses has a conservator or facts establishing lack of legal capacity of the spouse for the proposed transaction.(b) An allegation that the other spouse has legal capacity for the proposed transaction or has a conservator.(c) An allegation that each spouse either: (1) joins in or consents to the proposed transaction, (2) has a conservator, or (3) is substantially unable to manage his or her financial resources or resist fraud or undue influence.(d) Facts that may be relied upon to show that the authorization sought is for one or more of the following purposes:(1) The advantage, benefit, or best interests of the spouses or their estates. (2) The care and support of either spouse or of such persons as either spouse may be legally obligated to support.(3) The payment of taxes, interest, or other encumbrances or charges for the protection and preservation of the community property.(4) The providing of gifts for such purposes, and to such charities, relatives (including one of the spouses), friends, or other objects of bounty, as would be likely beneficiaries of gifts from the spouses.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3123 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 3 - Petition|Section 3123.

3123.  If the proceeding is brought for a court order declaring that one or both spouses has legal capacity for a proposed transaction, the petition shall set forth, in addition to the information required by Section 3121, an allegation of the legal capacity of such spouse or spouses for the proposed transaction.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3130 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 4 - Citation and Notice of Hearing|Section 3130.

3130.  (a) Except as provided in subdivision (b), upon the filing of the petition, the clerk shall issue a citation to each nonpetitioning spouse alleged to lack legal capacity for the proposed transaction, setting forth the time and place of hearing. The citation and a copy of the petition shall be served upon the spouse at least 15 days before the hearing.(b) Unless the court otherwise orders, if a spouse alleged to lack legal capacity for the proposed transaction has a conservator, no citation to the spouse need be issued, and the petitioner shall cause a notice of the time and place of the hearing on the petition, accompanied by a copy of the petition, to be served on the conservator at least 15 days before the hearing.(c) Service under this section shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3131 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 4 - Citation and Notice of Hearing|Section 3131.

3131.  (a) At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction.(b) Service under subdivision (a) shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.(c) At least 15 days before the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition to those persons required to be named in the petition at the addresses set forth in the petition.(Amended by Stats. 2017, Ch. 319, Sec. 57. (AB 976) Effective January 1, 2018.)
CA Prob Code § 3140 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 5 - Hearing and Order|Section 3140.

3140.  (a) A conservator served pursuant to this article shall, and the Director of State Hospitals or the Director of Developmental Services given notice pursuant to Section 1461 may, appear at the hearing and represent a spouse alleged to lack legal capacity for the proposed transaction.(b) The court may, in its discretion and if necessary, appoint an investigator to review the proposed transaction and report to the court regarding its advisability.(c) If the court determines that a spouse alleged to lack legal capacity has not competently retained independent counsel, the court may in its discretion appoint the public guardian, public administrator, or a guardian ad litem to represent the interests of the spouse.(d) (1) If a spouse alleged to lack legal capacity is unable to retain legal counsel, upon request of the spouse, the court shall appoint the public defender or private counsel under Section 1471 to represent the spouse and, if that appointment is made, Section 1472 applies.(2) If the petition proposes a transfer of substantial assets to the petitioner from the other spouse and the court determines that the spouse has not competently retained independent counsel for the proceeding, the court may, in its discretion, appoint counsel for the other spouse if the court determines that appointment would be helpful to resolve the matter or necessary to protect the interests of the other spouse.(e) Except as provided in paragraph (1) of subdivision (d), the court may fix a reasonable fee, to be paid out of the proceeds of the transaction or otherwise as the court may direct, for all services rendered by privately engaged counsel, the public guardian, public administrator, or guardian ad litem, and by counsel for such persons.(f) The court may order the cost of the review and report by a court investigator pursuant to subdivision (b) to be paid out of the proceeds of the transaction or otherwise as the court may direct, if the court determines that its order would not cause a hardship.(Amended by Stats. 2012, Ch. 440, Sec. 53. (AB 1488) Effective September 22, 2012.)
CA Prob Code § 3141 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 5 - Hearing and Order|Section 3141.

3141.  (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the spouse shall be produced at the hearing unless unable to attend the hearing.(b) If the spouse is not able to attend the hearing because of medical inability, such inability shall be established (1) by the affidavit or certificate of a licensed medical practitioner or (2) if the spouse is an adherent of a religion whose tenets and practices call for reliance upon prayer alone for healing and is under treatment by an accredited practitioner of the religion, by the affidavit of the practitioner.(c) Emotional or psychological instability is not good cause for absence of the spouse from the hearing unless, by reason of such instability, attendance at the hearing is likely to cause serious and immediate physiological damage.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3142 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 5 - Hearing and Order|Section 3142.

3142.  (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the court, before commencement of the hearing on the merits, shall inform the spouse of all of the following:(1) A determination of lack of legal capacity for the proposed transaction may result in approval of the proposed transaction.(2) The spouse has the right to legal counsel of the spouse’s own choosing, including the right to have legal counsel appointed by the court if unable to retain legal counsel.(b) This section does not apply if the spouse is absent from the hearing and is not required to attend the hearing under the provisions of subdivision (a) of Section 3141 and any showing required by Section 3141 has been made.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3143 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 5 - Hearing and Order|Section 3143.

3143.  (a) If the petition requests that the court make an order declaring a spouse to have legal capacity for the proposed transaction and the court determines that the spouse has legal capacity for the proposed transaction, the court shall so order.(b) If the petition alleges that a spouse having no conservator lacks legal capacity for the proposed transaction and the court determines that the spouse has legal capacity for the transaction, the court shall make an order so declaring.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3144 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 5 - Hearing and Order|Section 3144.

3144.  (a) The court may authorize the proposed transaction if the court determines all of the following:(1) The property that is the subject of the proposed transaction is community property of the spouses, and, if the proposed transaction involves property in which a spouse also has a separate property interest, that there is good cause to include that separate property in the transaction.(2) One of the spouses then has a conservator or otherwise lacks legal capacity for the proposed transaction.(3) The other spouse either has legal capacity for the proposed transaction or has a conservator.(4) Each of the spouses either (i) joins in or consents to the proposed transaction, (ii) has a conservator, or (iii) is substantially unable to manage his or her own financial resources or resist fraud or undue influence. Substantial inability may not be proved by isolated incidents of negligence or improvidence.(5) The proposed transaction is one that should be authorized under this chapter.(b) If the proposed transaction is to provide gifts or otherwise affect estate planning of the spouse who is alleged to lack capacity, as would be properly the subject of a petition under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 (substituted judgment) in the case of a conservatorship, the court may authorize the transaction under this chapter only if the transaction is one that the court would authorize under that article.(c) If the court determines under subdivision (a) that the transaction should be authorized, the court shall so order and may authorize the petitioner to do and perform all acts and to execute and deliver all papers, documents, and instruments necessary to effectuate the order.(d) In an order authorizing a transaction, the court may prescribe any terms and conditions as the court in its discretion determines appropriate, including, but not limited to, requiring joinder or consent of another person.(Amended by Stats. 2003, Ch. 32, Sec. 4. Effective January 1, 2004.)
CA Prob Code § 3145 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 5 - Hearing and Order|Section 3145.

3145.  A court determination pursuant to this chapter that a spouse lacks legal capacity for the proposed transaction affects the legal capacity of the spouse for that transaction alone and has no effect on the legal capacity of the spouse for any other purpose.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3150 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 6 - Consummation of Transaction|Section 3150.

3150.  (a) Unless the court for good cause dispenses with the bond, the court shall require the petitioner to give a bond, in the amount fixed by the court, conditioned on the duty of the petitioner to account for and apply the proceeds of the transaction to be received by the petitioner only as the court may by order direct.(b) Unless the court for good cause fixes the amount of the bond in a lesser amount, if given by an admitted surety insurer, the bond shall be in an amount not less than the value of the personal property (including cash and any notes) to be received by the petitioner, as determined by the court.(c) If the sureties on the bond are personal sureties, the bond shall be approved by the court and shall be for twice the amount required for a bond given by an admitted surety insurer.(d) Section 2328 is applicable to the bond of the petitioner under this chapter.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3151 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 6 - Consummation of Transaction|Section 3151.

3151.  (a) The petitioner shall, upon receipt of the consideration therefor, execute, acknowledge, and deliver any necessary instruments or documents as directed by the court, setting forth therein that they are made by authority of the order.(b) The petitioner shall cause a certified copy of the order to be recorded in the office of the recorder of each county in which is located any real property affected by the order or any real property upon which there is a lien or encumbrance affected by the order.(c) If a sale is made upon a credit pursuant to the order, the petitioner shall take the note of the person to whom the sale is made for the amount of the unpaid balance of the purchase money, with such security for the payment thereof as the court shall by order approve. The note shall be made payable to the petitioner or, if the petition was made by a conservator, to the petitioner as conservator.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3152 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 6 - Consummation of Transaction|Section 3152.

3152.  A sale, conveyance, assignment, transfer, exchange, encumbrance, security interest, mortgage, deed of trust, lease, dedication, release, or relinquishment, and any instrument or document, made pursuant to the court’s order, is as valid and effectual as if the property affected thereby were the sole and absolute property of the person making it.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3153 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 6 - Consummation of Transaction|Section 3153.

3153.  Notes, encumbrances, security interests, mortgages, leases, or deeds of trust, executed as provided in this chapter by a petitioning conservator create no personal liability against the conservator so executing, unless the conservator is one of the spouses and then only to the extent that personal liability would have resulted had both spouses had legal capacity for the transaction and joined in the execution.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3154 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 6 - MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY|CHAPTER 3 - Proceeding for Particular Transaction|ARTICLE 6 - Consummation of Transaction|Section 3154.

3154.  (a) If any party to the transaction, other than the petitioner, does not consummate a transaction authorized by the court, the court, on application of the petitioner, after such notice to the parties to the transaction as the court directs, may vacate the order authorizing the transaction.(b) If the order authorized the sale or encumbrance of property, the petitioner may by supplemental petition apply to the court for an order authorizing any other sale or encumbrance of the property to the advantage, benefit, or best interests of the spouses or their estates. The supplemental petition and a notice of the time and place of the hearing shall be served and mailed as provided in Article 4 (commencing with Section 3130) except that (1) no further citation shall be issued and (2) a copy of the supplemental petition and a notice of the time and place of the hearing shall be served upon any person who has appeared as representative of a nonpetitioning spouse or upon counsel of record for a nonpetitioning spouse or as the court may otherwise direct.(c) If it appears to the court that the other sale or encumbrance is to the advantage, benefit, or best interests of the spouses or their estates and that the request in the supplemental petition that the transaction be authorized should be granted, the court may so order and may authorize the petitioner to do and perform acts and to execute and deliver all papers, documents, and instruments necessary to effectuate the order.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3400 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 2 - Money or Property Belonging to Minor|ARTICLE 1 - Total Estate Not in Excess of $5,000|Section 3400.

3400.  (a) As used in this article, “total estate of the minor” includes both the money and other property belonging to the minor and the money and other property belonging to the guardianship estate, if any, of the minor.(b) In computing the “total estate of the minor” for the purposes of this article, all of the following shall be deducted:(1) “Custodial property” held pursuant to the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).(2) Any money or property subject to court order pursuant to subdivision (c) of Section 3602 or Article 2 (commencing with Section 3610) of Chapter 4.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 3401 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 8 - OTHER PROTECTIVE PROCEEDINGS|CHAPTER 2 - Money or Property Belonging to Minor|ARTICLE 1 - Total Estate Not in Excess of $5,000|Section 3401.

3401.  (a) Where a minor does not have a guardian of the estate, money or other property belonging to the minor may be paid or delivered to a parent of the minor entitled to the custody of the minor to be held in trust for the minor until the minor reaches majority if the requirements of subdivision (c) are satisfied.(b) Where the minor has a guardian of the estate, all the money and other property belonging to the guardianship estate may be paid or delivered to a parent entitled to the custody of the minor to be held in trust for the minor until the minor reaches majority if the requirements of subdivision (c) are satisfied.(c) This section applies only if both of the following requirements are satisfied:(1) The total estate of the minor, including the money and other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value.(2) The parent to whom the money or other property is to be paid or delivered gives the person making the payment or delivery written assurance, verified by the oath of such parent, that the total estate of the minor, including the money or other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value.(Enacted by Stats. 1990, Ch. 79.)