Terms Used In California Codes > Probate Code > Division 4 > Part 4 > Chapter 6 > Article 1 - Definitions and General Provisions

• Adult: means an individual who is at least 18 years of age. See California Health and Safety Code 7150.10
• Agent: means an individual who meets either of the following criteria:

  California Health and Safety Code 7150.10

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See California Health and Safety Code 7150.10
• Appraisal: A determination of property value.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community property: means :

  California Probate Code 28

• Conservatee: includes a limited conservatee. See California Probate Code 29
• Conservator: means the conservator of the estate, or the limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator. See California Probate Code 2400
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift. See California Health and Safety Code 7150.10
• department: means State Department of Health Services. See California Health and Safety Code 20
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. See California Health and Safety Code 7150.10
• Document of gift: means a donor card or other record used to make an anatomical gift. See California Health and Safety Code 7150.10
• Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Probate Code 37
• Domestic partner: means a person who is registered under §. See California Health and Safety Code 7150.10
• Donor: The person who makes a gift.
• Donor: means an individual whose body or part is the subject of an anatomical gift. See California Health and Safety Code 7150.10
• Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts, including, but not limited to, the Donate Life California Organ and Tissue Donor Registry. See California Health and Safety Code 7150.10
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Estate: means all of the conservatee's or ward's personal property, wherever located, and real property located in this state. See California Probate Code 2400
• Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See California Health and Safety Code 7150.10
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: means the guardian of the estate. See California Probate Code 2400
• Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. See California Health and Safety Code 7150.10
• Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See California Health and Safety Code 7150.10
• Identification card: means an identification card issued by the Department of Motor Vehicles. See California Health and Safety Code 7150.10
• interested person: includes any of the following:

  California Probate Code 48

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Know: means to have actual knowledge. See California Health and Safety Code 7150.10
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Minor: means an individual who is under 18 years of age. See California Health and Safety Code 7150.10
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See California Health and Safety Code 7150.10
• Parent: means a parent whose parental rights have not been terminated. See California Health and Safety Code 7150.10
• Part: means an organ, an eye, or tissue of a human being. See California Health and Safety Code 7150.10
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Health and Safety Code 7150.10
• Personal property: All property that is not real property.
• Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See California Health and Safety Code 7150.10
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probate: Proving a will
• Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See California Health and Safety Code 7150.10
• Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
• Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See California Health and Safety Code 7150.10
• Real property: includes a leasehold interest in real property. See California Probate Code 68
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonably available: means able to be contacted by a procurement organization, without undue effort, and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See California Health and Safety Code 7150.10
• Recipient: means an individual into whose body a decedent's part has been, or is intended to be, transplanted. See California Health and Safety Code 7150.10
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Health and Safety Code 7150.10
• Refusal: means a record created under Section 7150. See California Health and Safety Code 7150.10
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Sign: means , to do either of the following with the present intent to authenticate or adopt a record:

  California Health and Safety Code 7150.10

• Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
• Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Health and Safety Code 7150.10
• Technician: means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See California Health and Safety Code 7150.10
• Tissue: means a portion of the human body other than an organ or an eye. See California Health and Safety Code 7150.10
• Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See California Health and Safety Code 7150.10
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust: includes the following:

  California Probate Code 82

• Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Probate Code 83