State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 21360-21374

PROBATE CODE
SECTION 21360-21374



21360.  The definitions in this chapter govern the construction of
this part.


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 before the dependent adult's death, and (3) before the
dependant adult was admitted to hospice care, if the dependent adult
was admitted to hospice care. As used in this subdivision,
"remuneration" does not include the donative transfer at issue under
this chapter or the reimbursement of expenses.
   (b) For the purposes of this section, "health and social services"
means services provided to a dependent adult because of the person's
dependent condition, including, but not limited to, the
administration of medicine, medical testing, wound care, assistance
with hygiene, companionship, housekeeping, shopping, cooking, and
assistance with finances.



21364.  "Cohabitant" has the meaning provided in Section 13700 of
the Penal Code.



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 or her
personal needs for physical health, food, clothing, or shelter.
   (2) Due to one or more deficits in the mental functions listed in
paragraphs (1) to (4), inclusive, of subdivision (a) of Section 811,
the person had difficulty managing his or her own financial resources
or resisting fraud or undue influence.
   (b) The person was 18 years of age or older and satisfied one or
both of the following criteria:
   (1) The person was unable to provide properly for his or her
personal needs for physical health, food, clothing, or shelter.
   (2) Due to one or more deficits in the mental functions listed in
paragraphs (1) to (4), inclusive, of subdivision (a) of Section 811,
the person had substantial difficulty managing his or her own
financial resources or resisting fraud or undue influence.




21368.  "Domestic partner" has the meaning provided in Section 297
of the Family Code.



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 at issue under this part.



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 the specified person.
   (3) The spouse or domestic partner of a person described in
paragraph (2).
   (b) For the purposes of this section, "spouse or domestic partner"
includes a predeceased spouse or predeceased domestic partner.
   (c) In determining a relationship under this section, Sections
6406 and 6407, and Chapter 2 (commencing with Section 6450) of Part 2
of Division 6, are applicable.