California Probate Code 2582 – The court may make an order authorizing or requiring the proposed …
The court may make an order authorizing or requiring the proposed action under this article only if the court determines all of the following:
(a) The conservatee either (1) is not opposed to the proposed action or (2) if opposed to the proposed action, lacks legal capacity for the proposed action.
Terms Used In California Probate Code 2582
- Conservatee: includes a limited conservatee. See California Probate Code 29
- Estate: means all of the conservatee's or ward's personal property, wherever located, and real property located in this state. See California Probate Code 2400
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(b) Either the proposed action will have no adverse effect on the estate or the estate remaining after the proposed action is taken will be adequate to provide for the needs of the conservatee and for the support of those legally entitled to support, maintenance, and education from the conservatee, taking into account the age, physical condition, standards of living, and all other relevant circumstances of the conservatee and those legally entitled to support, maintenance, and education from the conservatee.
(Enacted by Stats. 1990, Ch. 79.)