Article 2 - Commencement of Proceeding - California Probate Code

Sections (4)

Amended by Stats. 1994, Ch. 806, Sec. 20. Effective January 1, 1995.

(a)A proceeding under this chapter shall be brought by a petition filed in the superior court.

(b)The proper county for commencement of the proceeding is the county in which a conservatorship proceeding of one of the spouses is pending. If a conservatorship proceeding is not pending, then in either of the following:

(1)The county in which one or both of the spouses resides.

(2)Any other county as may be in the best interests of the spouses.

§ 3111

Enacted by Stats. 1990, Ch. 79.

(a)Except as provided in subdivision (b), any of the following persons may file, or join in, a petition under this chapter:

(1)Either spouse, whether or not the spouse has legal capacity.

(2)The conservator of either spouse.

(b)If the petition requests approval of a proposed transaction, at least one of the petitioners shall be either a conservator or a spouse having legal capacity for the transaction.

§ 3112

Enacted by Stats. 1990, Ch. 79.

(a)If a petitioning spouse is one whose legal capacity for the proposed transaction is to be determined in the proceeding, the court may do any of the following:

(1)Permit the spouse to appear without a representative.

(2)Appoint a guardian ad litem for the spouse.

(3)Take such other action as the circumstances warrant.

(b)If a petitioning spouse lacks legal capacity for the proposed transaction, the court may do either of the following:

(1)Require the spouse to be represented by the conservator of the spouse.

(2)Appoint a guardian ad litem for the spouse.

§ 3113

Enacted by Stats. 1990, Ch. 79.

A proceeding may be brought under this chapter by the conservator of a spouse, or by a spouse having legal capacity for the proposed transaction, without the necessity of appointing a conservator for the other spouse.