SECTIONS 1870-1876 - California Statutes

PROBATE CODE

SECTION 1870-1876

1870. As used in this article, unless the context otherwise
requires, "transaction" includes, but is not limited to, making a
contract, sale, transfer, or conveyance, incurring a debt or
encumbering property, making a gift, delegating a power, and waiving
a right.

1871. Nothing in this article shall be construed to deny a
conservatee any of the following:
(a) The right to control an allowance provided under Section 2421.
(b) The right to control wages or salary to the extent provided in
Section 2601.
(c) The right to make a will.
(d) The right to enter into transactions to the extent reasonable
to provide the necessaries of life to the conservatee and the spouse
and minor children of the conservatee and to provide the basic living
expenses, as defined in Section 297 of the Family Code, to the
domestic partner of the conservatee.

1872. (a) Except as otherwise provided in this article, the
appointment of a conservator of the estate is an adjudication that
the conservatee lacks the legal capacity to enter into or make any
transaction that binds or obligates the conservatorship estate.
(b) Except as otherwise provided in the order of the court
appointing a limited conservator, the appointment does not limit the
legal capacity of the limited conservatee to enter into transactions
or types of transactions.

1873. (a) In the order appointing the conservator or upon a
petition filed under Section 1874, the court may, by order, authorize
the conservatee, subject to Section 1876, to enter into transactions
or types of transactions as may be appropriate in the circumstances
of the particular conservatee and conservatorship estate. The court,
by order, may modify the legal capacity a conservatee would otherwise
have under Section 1872 by broadening or restricting the power of
the conservatee to enter into transactions or types of transactions
as may be appropriate in the circumstances of the particular
conservatee and conservatorship estate.
(b) In an order made under this section, the court may include
limitations or conditions on the exercise of the authority granted to
the conservatee as the court determines to be appropriate including,
but not limited to, the following:
(1) A requirement that for specific types of transactions or for
all transactions authorized by the order, the conservatee obtain
prior approval of the transaction by the court or conservator before
exercising the authority granted by the order.
(2) A provision that the conservator has the right to avoid any
transaction made by the conservatee pursuant to the authority of the
order if the transaction is not one into which a reasonably prudent
person might enter.
(c) 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.
(d) An order under this section 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 of the estate is terminated.
(e) An order under this section may be modified or revoked upon
petition filed by the conservator, conservatee, the spouse or
domestic partner of the conservatee, or any relative or friend of the
conservatee, or any interested person. 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.

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.

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.

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.