reglab/housing_qa huggingface dataset:
CA Prob Code § 1874 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 1 - Capacity to Bind or Obligate Conservatorship Estate|Section 1874.

1874.  (a) After a conservator has been appointed, a petition requesting an order under Section 1873 may be filed by any of the following:(1) The conservator.(2) The conservatee.(3) The spouse, domestic partner, or any relative or friend of the conservatee.(b) 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.(Amended by Stats. 2001, Ch. 893, Sec. 25. Effective January 1, 2002.)
CA Prob Code § 1875 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 1 - Capacity to Bind or Obligate Conservatorship Estate|Section 1875.

1875.  A transaction that affects real property of the conservatorship estate, entered into by a person acting in good faith and for a valuable consideration and without knowledge of the establishment of the conservatorship, is not affected by any provision of this article or any order made under this article unless a notice of the establishment of the conservatorship or temporary conservatorship has been recorded prior to the transaction in the county in which the property is located.(Amended by Stats. 1991, Ch. 82, Sec. 20. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
CA Prob Code § 1876 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 1 - Capacity to Bind or Obligate Conservatorship Estate|Section 1876.

1876.  The provisions of this article relating to the legal capacity of a conservatee to bind or obligate the conservatorship estate, and the provisions of any order of the court broadening such capacity, do not displace but are supplemented by general principles of law and equity relating to transactions including, but not limited to, capacity to contract, joinder or consent requirements, estoppel, fraud, misrepresentation, duress, coercion, mistake, or other validating or invalidating cause.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1880 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1880.

1880.  If the court determines that there is no form of medical treatment for which the conservatee has the capacity to give an informed consent, the court shall (1) adjudge that the conservatee lacks the capacity to give informed consent for medical treatment and (2) by order give the conservator of the person the powers specified in Section 2355. If an order is made under this section, the letters shall include a statement that the conservator has the powers specified in Section 2355.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1881 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1881.

1881.  (a) A conservatee shall be deemed unable to give informed consent to any form of medical treatment pursuant to Section 1880 if, for all medical treatments, the conservatee is unable to respond knowingly and intelligently to queries about medical treatment or is unable to participate in a treatment decision by means of a rational thought process.(b) In order for a court to determine that a conservatee is unable to respond knowingly and intelligently to queries about his or her medical treatment or is unable to participate in treatment decisions by means of a rational thought process, a court shall do both of the following:(1) Determine that, for all medical treatments, the conservatee is unable to understand at least one of the following items of minimum basic medical treatment information:(A) The nature and seriousness of any illness, disorder, or defect that the conservatee has or may develop.(B) The nature of any medical treatment that is being or may be recommended by the conservatee’s health care providers.(C) The probable degree and duration of any benefits and risks of any medical intervention that is being or may be recommended by the conservatee’s health care providers, and the consequences of lack of treatment.(D) The nature, risks, and benefits of any reasonable alternatives.(2) Determine that one or more of the mental functions of the conservatee described in subdivision (a) of Section 811 is impaired and that there is a link between the deficit or deficits and the conservatee’s inability to give informed consent.(c) A deficit in the mental functions listed in subdivision (a) of Section 811 may be considered only if the deficit by itself, or in combination with one or more other mental function deficits, significantly impairs the conservatee’s ability to understand the consequences of his or her decisions regarding medical care.(d) In determining whether a conservatee’s mental functioning is so severely impaired that the conservatee lacks the capacity to give informed consent to any form of medical treatment, the court may take into consideration the frequency, severity, and duration of periods of impairment.(e) In the interest of minimizing unnecessary expense to the parties to a proceeding, paragraph (2) of subdivision (b) shall not apply to a petition pursuant to Section 1880 wherein the conservatee, after notice by the court of his or her right to object which, at least, shall include an interview by a court investigator pursuant to Section 1826 prior to the hearing on the petition, does not object to the proposed finding of incapacity, or waives any objections.(Amended by Stats. 1996, Ch. 178, Sec. 8. Effective January 1, 1997.)
CA Prob Code § 1890 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1890.

1890.  (a) An order of the court under Section 1880 may be included in the order of appointment of the conservator if the order was requested in the petition for the appointment of the conservator or the transfer petition under Section 2002 or, except in the case of a limited conservator, may be made subsequently upon a petition made, noticed, and heard by the court in the manner provided in this article.(b) In the case of a petition filed under this chapter requesting that the court make an order under this chapter or that the court modify or revoke an order made under this chapter, when the order applies to a limited conservatee, the order may only be made upon a petition made, noticed, and heard by the court in the manner provided by Article 3 (commencing with Section 1820) of Chapter 1.(c) No court order under Section 1880, whether issued as part of an order granting the original petition for appointment of a conservator or issued subsequent thereto, may be granted unless supported by a declaration, filed at or before the hearing on the request, executed by a licensed physician, or a licensed psychologist within the scope of his or her licensure, and stating that the proposed conservatee or the conservatee, as the case may be, lacks the capacity to give an informed consent for any form of medical treatment and the reasons therefor. Nothing in this section shall be construed to expand the scope of practice of psychologists as set forth in the Business and Professions Code.(Amended by Stats. 2014, Ch. 553, Sec. 19. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
CA Prob Code § 1891 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1891.

1891.  (a) A petition may be filed under this article requesting that the court make an order under Section 1880 or that the court modify or revoke an order made under Section 1880. The petition shall state facts showing that the order requested is appropriate.(b) The petition may be filed by any of the following:(1) The conservator.(2) The conservatee.(3) The spouse, domestic partner, or any relative or friend of the conservatee.(c) The petition shall set forth, so far as they are known to the petitioner, the names and addresses of the spouse or domestic partner and of the relatives of the conservatee within the second degree.(Amended by Stats. 2001, Ch. 893, Sec. 26. Effective January 1, 2002.)
CA Prob Code § 1892 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1892.

1892.  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.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1893 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1893.

1893.  The conservatee shall be produced at the hearing except in the following cases:(a) Where the conservatee is out of state when served and is not the petitioner.(b) Where the conservatee is unable to attend the hearing by reason of medical inability established (1) by the affidavit or certificate of a licensed medical practitioner or (2) if the conservatee is an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing and is under treatment by an accredited practitioner of that religion, by the affidavit of the practitioner. The affidavit or certificate is evidence only of the conservatee’s inability to attend the hearing and shall not be considered in determining the issue of the legal capacity of the conservatee. Emotional or psychological instability is not good cause for the absence of the conservatee from the hearing unless, by reason of such instability, attendance at the hearing is likely to cause serious and immediate physiological damage to the conservatee.(c) Where the court investigator has reported to the court that the conservatee has expressly communicated that the conservatee (1) is not willing to attend the hearing and (2) does not wish to contest the petition, and the court makes an order that the conservatee need not attend the hearing.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1894 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1894.

1894.  If the petition alleges that the conservatee is not willing to attend the hearing or upon receipt of an affidavit or certificate attesting to the medical inability of the conservatee to attend the hearing, the court investigator shall do all of the following:(a) Interview the conservatee personally.(b) Inform the conservatee of the contents of the petition, of the nature, purpose, and effect of the proceeding, and of the right of the conservatee to oppose the petition, attend the hearing, and be represented by legal counsel.(c) Determine whether it appears that the conservatee is unable to attend the hearing and, if able to attend, whether the conservatee is willing to attend the hearing.(d) Determine whether the conservatee wishes to contest the petition.(e) Determine whether the conservatee wishes to be represented by legal counsel and, if so, whether the conservatee has retained legal counsel and, if not, the name of an attorney the conservatee wishes to retain.(f) If the conservatee has not retained counsel, determine whether the conservatee desires the court to appoint legal counsel.(g) Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee in any case where the conservatee does not plan to retain legal counsel and has not requested the court to appoint legal counsel.(h) Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatee’s express communications concerning both (1) representation by legal counsel and (2) whether the conservatee is not willing to attend the hearing and does not wish to contest the petition.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1895 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1895.

1895.  (a) The conservatee, the spouse, the domestic partner, any relative, or any friend of the conservatee, the conservator, or any other interested person may appear at the hearing to support or oppose the petition.(b) Except where the conservatee is absent from the hearing and is not required to attend the hearing under the provisions of Section 1893 and any showing required by Section 1893 has been made, the court shall, prior to granting the petition, inform the conservatee of all of the following:(1) The nature and purpose of the proceeding.(2) The nature and effect on the conservatee’s basic rights of the order requested.(3) The conservatee has the right to oppose the petition, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.(c) After the court informs the conservatee of the matters listed in subdivision (b) and prior to granting the petition, the court shall consult the conservatee to determine the conservatee’s opinion concerning the order requested in the petition.(Amended by Stats. 2001, Ch. 893, Sec. 27. Effective January 1, 2002.)
CA Prob Code § 1896 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1896.

1896.  (a) If the court determines that the order requested in the petition is proper, the court shall make the order.(b) The court, in its discretion, may provide in the order that, unless extended by subsequent order of the court, the order or specific provisions of the order terminate at a time specified in the order.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1897 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1897.

1897.  An order of the court under Section 1880 continues in effect until the earliest of the following times:(1) The time specified in the order, if any.(2) The time the order is modified or revoked.(3) The time the conservatorship is terminated.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1898 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 2 - Capacity to Give Informed Consent for Medical Treatment|Section 1898.

1898.  An order of the court under Section 1880 may be modified or revoked upon a petition made, noticed, and heard by the court in the manner provided in this article.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1900 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 3 - Capacity of Conservatee to Marry|Section 1900.

1900.  The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter into a registered domestic partnership.(Amended by Stats. 2005, Ch. 418, Sec. 26. Effective January 1, 2006.)
CA Prob Code § 1901 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 4 - Legal Capacity of Conservatee|ARTICLE 3 - Capacity of Conservatee to Marry|Section 1901.

1901.  (a) The court may by order determine whether the conservatee has the capacity to enter into a valid marriage, as provided in Part 1 (commencing with Section 300) of Division 3 of the Family Code, or to enter into a registered domestic partnership, as provided in Section 297 of the Family Code, at the time the order is made.(b) A petition for an order under this section may be filed by the conservator of the person or estate or both, the conservatee, any relative or friend of the conservatee, or any interested person.(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.(Amended by Stats. 2005, Ch. 418, Sec. 27. Effective January 1, 2006.)
CA Prob Code § 1980 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 8 - Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act|ARTICLE 1 - General Provisions|Section 1980.

1980.  (a) By enacting this chapter, it is the Legislature’s intent to enact a modified version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.(b) This chapter may be cited as the “California Conservatorship Jurisdiction Act.”(Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
CA Prob Code § 1981 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 8 - Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act|ARTICLE 1 - General Provisions|Section 1981.

1981.  (a) (1) This chapter does not apply to a minor, regardless of whether the minor is or was married.(2) This chapter does not apply to any proceeding in which a person is appointed to provide personal care or property administration for a minor, including, but not limited to, a guardianship under Part 2 (commencing with Section 1500).(b) This chapter does not apply to any proceeding in which a person is involuntarily committed to a mental health facility or subjected to other involuntary mental health care, including, but not limited to, any of the following proceedings or any proceeding that is similar in substance:(1) A proceeding under Sections 1026 to 1027, inclusive, of the Penal Code.(2) A proceeding under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code.(3) A proceeding under Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code.(4) A proceeding under Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5 of the Welfare and Institutions Code.(5) A proceeding under Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, which is also known as the Lanterman-Petris-Short Act.(6) A proceeding under Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.(7) A proceeding under Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.(c) Article 3 (commencing with Section 2001) does not apply to an adult with a developmental disability, or to any proceeding in which a person is appointed to provide personal care or property administration for an adult with a developmental disability, including, but not limited to, the following types of proceedings:(1) A proceeding under Article 7.5 (commencing with Section 416) of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code.(2) A limited conservatorship under subdivision (d) of Section 1801.(3) A proceeding under Section 4825 of the Welfare and Institutions Code.(4) A proceeding under Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.(d) Application of this chapter to a conservatee with major neurocognitive disorder is subject to the express limitations of Sections 2002 and 2016, as well as the other requirements of this chapter.(Amended by Stats. 2017, Ch. 122, Sec. 4. (SB 413) Effective January 1, 2018.)