Probate Code section 3112

(a)

If a petitioning spouse is one whose legal capacity for the proposed transaction is to be determined in the proceeding, the court may do any of the following:

(1)

Permit the spouse to appear without a representative.

(2)

Appoint a guardian ad litem for the spouse.

(3)

Take such other action as the circumstances warrant.

(b)

If a petitioning spouse lacks legal capacity for the proposed transaction, the court may do either of the following:

(1)

Require the spouse to be represented by the conservator of the spouse.

(2)

Appoint a guardian ad litem for the spouse.

Source: Section 3112, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=3112.­ (updated Jan. 1, 1990; accessed Jun. 30, 2025).

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Verified:
Jun. 30, 2025

§ 3112's source at ca​.gov