US Lawyer Database

Section 21362.

21362. (a) “Care custodian” means a person who provides health or social services to a dependent adult, except that “care custodian” does not include a person who provided services without remuneration if the person had a personal relationship with the dependent adult (1) at least 90 days before providing those services, (2) at least six months […]

Section 21364.

21364. “Cohabitant” has the meaning provided in Section 13700 of the Penal Code. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)

Section 21366.

21366. “Dependent adult” means a person who, at the time of executing the instrument at issue under this part, was a person described in either of the following: (a) The person was 65 years of age or older and satisfied one or both of the following criteria: (1) The person was unable to provide properly for his […]

Section 21368.

21368. “Domestic partner” has the meaning provided in Section 297 of the Family Code. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)

Section 21370.

21370. “Independent attorney” means an attorney who has no legal, business, financial, professional, or personal relationship with the beneficiary of a donative transfer at issue under this part, and who would not be appointed as a fiduciary or receive any pecuniary benefit as a result of the operation of the instrument containing the donative transfer […]

Section 21374.

21374. (a) A person who is “related by blood or affinity” to a specified person means any of the following persons: (1) A spouse or domestic partner of the specified person. (2) A relative within a specified degree of kinship to the specified person or within a specified degree of kinship to the spouse or domestic partner of […]

Section 21380.

21380. (a) A provision of an instrument making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence: (1) The person who drafted the instrument. (2) A person who transcribed the instrument or caused it to be transcribed and who was in a fiduciary relationship with the transferor […]

Section 21382.

21382. Section 21380 does not apply to any of the following instruments or transfers: (a) Except as provided in paragraph (4) of subdivision (a) of Section 21380, a donative transfer to a person who is related by blood or affinity, within the fourth degree, to the transferor or is the cohabitant of the transferor. (b) An instrument […]

Section 21230.

21230. The lives of individuals selected to govern the time of vesting pursuant to Article 2 (commencing with Section 21205) of Chapter 1 may not be so numerous or so situated that evidence of their deaths is likely to be unreasonably difficult to obtain. (Added by Stats. 1991, Ch. 156, Sec. 24.)

Section 21384.

21384. (a) A donative transfer is not subject to Section 21380 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the presence of any heir or proposed beneficiary, about the nature and consequences of the intended transfer, including the effect of the intended transfer on the transferor’s heirs and on […]