DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS 1400-3925›PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY 3000-3154›CHAPTER 2. Management, Control, and Disposition 3051-3092›ARTICLE 1. Management, Control, and Disposition Generally 3051-3057
§ 3055
California Probate Code · 2020-11 edition · updated 2026-10-04 · California
(a) If consent is given under this article that community property be included in the conservatorship estate of a spouse, the death of either spouse terminates the consent.
(b) If a spouse consents under this article that community property be included in the conservatorship estate of the other spouse:
(1) Subject to paragraph (2), the subsequent lack of legal capacity of the spouse giving the consent has no effect on the inclusion of the property in the conservatorship estate of the other spouse.
(2) The appointment of a conservator for the spouse giving the consent terminates the consent.
(Enacted by Stats. 1990, Ch. 79.)
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