Court Opinions

State Laws

US Code

US Constitution

California Civil Code Section 40

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 40

(a) Subject to Section 1871 of the Probate Code, and subject to
Part 1 (commencing with Section 5000) of Division 5 of the Welfare
and Institutions Code, after his or her incapacity has been
judicially determined a person of unsound mind can make no conveyance
or other contract, nor delegate any power or waive any right, until
his or her restoration to capacity.
   (b) Subject to Sections 1873 to 1876, inclusive, of the Probate
Code, the establishment of a conservatorship under Division 4
(commencing with Section 1400) of the Probate Code is a judicial
determination of the incapacity of the conservatee for the purposes
of this section.

Last modified: January 12, 2009