reglab/housing_qa huggingface dataset:
CA Prob Code § 1958 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1958.

1958.  The court may authorize the conservator of a person proposed to be sterilized to consent to the sterilization of that person only if the court finds that the petitioner has established all of the following beyond a reasonable doubt:(a) The person named in the petition is incapable of giving consent to sterilization, as defined in Section 1951, and the incapacity is in all likelihood permanent.(b) Based on reasonable medical evidence, the individual is fertile and capable of procreation.(c) The individual is capable of engaging in, and is likely to engage in sexual activity at the present or in the near future under circumstances likely to result in pregnancy.(d) Either of the following:(1) The nature and extent of the individual’s disability as determined by empirical evidence and not solely on the basis of any standardized test, renders him or her permanently incapable of caring for a child, even with appropriate training and reasonable assistance.(2) Due to a medical condition, pregnancy or childbirth would pose a substantially elevated risk to the life of the individual to such a degree that, in the absence of other appropriate methods of contraception, sterilization would be deemed medically necessary for an otherwise nondisabled woman under similar circumstances.(e) All less invasive contraceptive methods including supervision are unworkable even with training and assistance, inapplicable, or medically contraindicated. Isolation and segregation shall not be considered as less invasive means of contraception.(f) The proposed method of sterilization entails the least invasion of the body of the individual.(g) The current state of scientific and medical knowledge does not suggest either (1) that a reversible sterilization procedure or other less drastic contraceptive method will shortly be available, or (2) that science is on the threshold of an advance in the treatment of the individual’s disability.(h) The person named in the petition has not made a knowing objection to his or her sterilization. For purposes of this subdivision, an individual may be found to have knowingly objected to his or her sterilization notwithstanding his or her inability to give consent to sterilization as defined in Section 1951. In the case of persons who are nonverbal, have limited verbal ability to communicate, or who rely on alternative modes of communication, the court shall ensure that adequate effort has been made to elicit the actual views of the individual by the facilitator appointed pursuant to Section 1954.5, or by any other person with experience in communicating with developmentally disabled persons who communicate using similar means.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1959 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1959.

1959.  The fact that, due to the nature or severity of his or her disability, a person for whom an authorization to consent to sterilization is sought may be vulnerable to sexual conduct by others that would be deemed unlawful, shall not be considered by the court in determining whether sterilization is to be authorized under this chapter.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1960 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1960.

1960.  If the person named in the petition already has a conservator, the court may authorize that person to consent to sterilization or may appoint another person as limited conservator under the provisions of this chapter. The court shall ensure that the person or agency designated as conservator under this chapter is capable of adequately representing and safeguarding the interests of the conservatee.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1961 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1961.

1961.  A sterilization procedure authorized under this chapter shall not include hysterectomy or castration. However, if the report prepared under Section 1955 indicates that hysterectomy or castration is a medically necessary treatment, regardless of the need for sterilization, the court shall proceed pursuant to Section 2357.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1962 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1962.

1962.  (a) Any court order granting a petition under this chapter shall be accompanied by a written statement of decision pursuant to Section 632 of the Code of Civil Procedure detailing the factual and legal bases for the court’s determination on each of the findings required under Section 1958.(b) When a judgment authorizing the conservator of a person to consent to the sterilization is rendered, an appeal is automatically taken by the person proposed to be sterilized without any action by that person, or by his or her counsel. The Judicial Council shall provide by rule for notice of and procedure for the appeal. The appeal shall have precedence over other cases in the court in which the appeal is pending.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1963 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1963.

1963.  (a) At the conclusion of the hearing, the court, after inquiring into financial ability, may make an order based upon their ability that any one or more of the following persons pay court costs and fees in whole or in part as in the opinion of the court is proper and in any installments and manner which is both reasonable and compatible with ability to pay:(1) The person to whom the petition applies.(2) The petitioner.(3) Any person liable for the support and maintenance of the person to whom the petition applies.(b) An order under subdivision (a) may be enforced in the same manner as a money judgment.(c) For the purposes of this section, court costs and fees include the costs of any examination or investigation ordered by the court, expert witnesses’ fees, and the costs and fees of the court-appointed public defender or private counsel representing the person to whom the petition applies.(d) Any fees and costs not ordered to be paid by persons under subdivision (a) are a charge against and paid out of the treasury of the county on order of the court.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1964 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1964.

1964.  An order of the court authorizing a conservator to consent to sterilization which is upheld on appeal automatically expires in one year from the final determination on appeal unless earlier terminated by the court. A conservatorship established for the sole purpose of authorizing a conservator to consent to sterilization under this chapter shall automatically terminate upon completion of the sterilization procedure or upon expiration of the court’s order authorizing the conservator to consent to sterilization, whichever occurs first. If, upon the expiration of the court’s order under this chapter, the person named as conservator determines that the conservatorship is still required for the purpose of this chapter, he or she may petition the court for reappointment as conservator for a succeeding six-month period upon a showing of good cause as to why any sterilization authorized by the court has not been completed.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1965 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1965.

1965.  Any court order made pursuant to this chapter granting authority to consent to sterilization shall be stayed pending a final determination on appeal.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1966 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1966.

1966.  After the filing of a first petition for sterilization pursuant to this chapter and a determination by the court that any one or more of the conditions required in Section 1958 has not been proven beyond a reasonable doubt, and that therefore authorization for the proposed sterilization should not be given by the court, a subsequent petition may be filed only on the showing of a material change in circumstances.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1967 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1967.

1967.  (a) The sterilization of a person in accordance with this chapter does not render the petitioner or any person participating in the conservatorship proceedings or sterilization liable, either civilly or criminally, except for any injury caused by negligent or willful misconduct in the performance of the sterilization.(b) Notwithstanding the provisions of subdivision (a), any individual who petitions for authorization to consent to sterilization knowing that the person to whom the petition relates is capable of giving consent to sterilization as defined in Section 1951 is guilty of a misdemeanor, and may be civilly liable to the person concerning whom sterilization was sought.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1968 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1968.

1968.  This chapter does not prohibit medical treatment or surgery required for other medical reasons and in which sterilization is an unavoidable or medically probable consequence, but is not the object of the treatment or surgery.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1969 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 6 - Sterilization|Section 1969.

1969.  Nothing in this chapter shall infringe on the right of persons with developmental disabilities who are capable of giving consent to sterilization to give that consent without the necessity of a court order or substitute decisionmaker.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 1970 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 3 - CONSERVATORSHIP|CHAPTER 7 - Unwarranted Petitions|Section 1970.

1970.  (a) The Legislature finds that unwarranted petitions, applications, or motions other than discovery motions after a conservatorship has been established create an environment that can be harmful to the conservatee and are inconsistent with the goal of protecting the conservatee.(b) Notwithstanding Section 391 of the Code of Civil Procedure, if a person other than the conservatee files a petition for termination of the conservatorship, or instruction to the conservator, that is unmeritorious or intended to harass or annoy the conservator, and the person has previously filed pleadings in the conservatorship proceedings that were unmeritorious or intended to harass or annoy the conservator, the petition shall be grounds for the court to determine that the person is a vexatious litigant for the purposes of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure. For these purposes, the term “new litigation” shall include petitions for visitation, termination of the conservatorship, or instruction to the conservator.(Added by Stats. 2008, Ch. 293, Sec. 3. Effective January 1, 2009.)
CA Prob Code § 2100 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 1 - General Provisions|Section 2100.

2100.  Guardianships and conservatorships are governed by Division 3 (commencing with Section 1000), except to the extent otherwise expressly provided by statute, and by this division. If no specific provision of this division is applicable, the provisions applicable to administration of estates of decedents govern so far as they are applicable to like situations.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2101 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 1 - General Provisions|Section 2101.

2101.  The relationship of guardian and ward and of conservator and conservatee is a fiduciary relationship that is governed by the law of trusts, except as provided in this division.(Amended by Stats. 1993, Ch. 293, Sec. 2. Effective January 1, 1994.)
CA Prob Code § 2102 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 1 - General Provisions|Section 2102.

2102.  A guardian or conservator is subject to the regulation and control of the court in the performance of the duties of the office.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2103 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 1 - General Provisions|Section 2103.

2103.  (a) When a judgment or order made pursuant to this division becomes final, it releases the guardian or conservator and the sureties from all claims of the ward or conservatee and of any persons affected thereby based upon any act or omission directly authorized, approved, or confirmed in the judgment or order. For the purposes of this section, “order” includes an order settling an account of the guardian or conservator, whether an intermediate or final account.(b) This section does not apply where the judgment or order is obtained by fraud or conspiracy or by misrepresentation contained in the petition or account or in the judgment or order as to any material fact. For the purposes of this subdivision, misrepresentation includes, but is not limited to, the omission of a material fact.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2104 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 1 - General Provisions|Section 2104.

2104.  (a) A nonprofit charitable corporation may be appointed as a guardian or conservator of the person or estate, or both, if all of the following requirements are met:(1) The corporation is incorporated in this state.(2) The articles of incorporation specifically authorize the corporation to accept appointments as guardian or conservator, as the case may be.(3) The corporation has been providing, at the time of appointment, care, counseling, or financial assistance to the proposed ward or conservatee under the supervision of a registered social worker certified by the Board of Behavioral Science Examiners of this state.(b) The petition for appointment of a nonprofit charitable corporation described in this section as a guardian or conservator shall include in the caption the name of a responsible corporate officer who shall act for the corporation for the purposes of this division. If, for any reason, the officer so named ceases to act as the responsible corporate officer for the purposes of this division, the corporation shall file with the court a notice containing (1) the name of the successor responsible corporate officer and (2) the date the successor becomes the responsible corporate officer.(c) If a nonprofit charitable corporation described in this section is appointed as a guardian or conservator:(1) The corporation’s compensation as guardian or conservator shall be allowed only for services actually rendered.(2) Any fee allowed for an attorney for the corporation shall be for services actually rendered.(Amended by Stats. 2001, Ch. 351, Sec. 1. Effective January 1, 2002.)
CA Prob Code § 2104.1 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 1 - General Provisions|Section 2104.1.

2104.1.  A nonprofit charitable corporation not incorporated in this state may be appointed as the guardian of a minor if all of the following requirements are met:(a) The articles of incorporation specifically authorize the nonprofit charitable corporation to accept appointments as a guardian.(b) The nonprofit charitable corporation is contracted by the federal Department of Health and Human Services, Office of Refugee Resettlement, or its successor federal government entity, to provide care and custody of the minor.(c) The petition for guardianship is filed in connection with a petition to make the necessary findings regarding special immigrant juvenile status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure.(d) The nonprofit charitable corporation is licensed by this state to provide care for minors.(e) The nonprofit charitable corporation complies with all of the requirements of Section 2104, except for paragraphs (1) and (2) of subdivision (a) of Section 2104.(Amended by Stats. 2021, Ch. 528, Sec. 2. (AB 829) Effective January 1, 2022.)
CA Prob Code § 2105 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 1 - General Provisions|Section 2105.

2105.  (a) The court, in its discretion, may appoint for a ward or conservatee:(1) Two or more joint guardians or conservators of the person.(2) Two or more joint guardians or conservators of the estate.(3) Two or more joint guardians or conservators of the person and estate.(b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator.(c) Subject to subdivisions (d) and (e):(1) Where there are two guardians or conservators, both must concur to exercise a power.(2) Where there are more than two guardians or conservators, a majority must concur to exercise a power.(d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court.(e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order.(f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parent’s custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 1995–96 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of his or her minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parent’s death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required.“Terminal condition,” for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death.(Amended by Stats. 1999, Ch. 658, Sec. 11. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
CA Prob Code § 2105.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 1 - General Provisions|Section 2105.5.

2105.5.  (a) Except as provided in subdivision (b), where there is more than one guardian or conservator of the estate, one guardian or conservator is not liable for a breach of fiduciary duty committed by another guardian or conservator.(b) Where there is more than one guardian or conservator of the estate, one guardian or conservator is liable for a breach of fiduciary duty committed by another guardian or conservator of the same estate under any of the following circumstances:(1) Where the guardian or conservator participates in a breach of fiduciary duty committed by the other guardian or conservator.(2) Where the guardian or conservator improperly delegates the administration of the estate to the other guardian or conservator.(3) Where the guardian or conservator approves, knowingly acquiesces in, or conceals a breach of fiduciary duty committed by the other guardian or conservator.(4) Where the guardian or conservator negligently enables the other guardian or conservator to commit a breach of fiduciary duty.(5) Where the guardian or conservator knows or has information from which the guardian or conservator reasonably should have known of the breach of fiduciary duty by the other guardian or conservator and fails to take reasonable steps to compel the other guardian or conservator to redress the breach.(c) The liability of a guardian or conservator for a breach of fiduciary duty committed by another guardian or conservator that occurred before July 1, 1988, is governed by prior law and not by this section.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2106 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 1 - General Provisions|Section 2106.

2106.  (a) The court, in its discretion, may appoint one guardian or conservator for several wards or conservatees.(b) The appointment of one guardian or conservator for several wards or conservatees may be requested in the initial petition filed in the proceeding or may be requested subsequently upon a petition filed in the same proceeding and noticed and heard with respect to the newly proposed ward or conservatee in the same manner as an initial petition for appointment of a guardian or conservator.(Enacted by Stats. 1990, Ch. 79.)