Section 3141 Of Article 5. Hearing And Order From California Probate Code >> Division 4. >> Part 6. >> Chapter 3. >> Article 5.
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. (a) If a spouse is alleged to lack legal capacity for the
proposed transaction and has no conservator, the spouse shall be
produced at the hearing unless unable to attend the hearing.
(b) If the spouse is not able to attend the hearing because of
medical inability, such inability shall be established (1) by the
affidavit or certificate of a licensed medical practitioner or (2) if
the spouse is an adherent of a religion whose tenets and practices
call for reliance upon prayer alone for healing and is under
treatment by an accredited practitioner of the religion, by the
affidavit of the practitioner.
(c) Emotional or psychological instability is not good cause for
absence of the spouse from the hearing unless, by reason of such
instability, attendance at the hearing is likely to cause serious and
immediate physiological damage.