2009 California Civil Code - Section 38-41 :: Part 1. Persons With Unsound Mind


38.  A person entirely without understanding has no power to make a
contract of any kind, but the person is liable for the reasonable
value of things furnished to the person necessary for the support of
the person or the person's family.

39.  (a) A conveyance or other contract of a person of unsound mind,
but not entirely without understanding, made before the incapacity
of the person has been judicially determined, is subject to
rescission, as provided in Chapter 2 (commencing with Section 1688)
of Title 5 of Part 2 of Division 3.
   (b) A rebuttable presumption affecting the burden of proof that a
person is of unsound mind shall exist for purposes of this section if
the person is substantially unable to manage his or her own
financial resources or resist fraud or undue influence. Substantial
inability may not be proved solely by isolated incidents of
negligence or improvidence.

40.  (a) Subject to Section 1871 of the Probate Code, and subject to
Part 1 (commencing with Section 5000) of Division 5 of the Welfare
and Institutions Code, after his or her incapacity has been
judicially determined a person of unsound mind can make no conveyance
or other contract, nor delegate any power or waive any right, until
his or her restoration to capacity.
   (b) Subject to Sections 1873 to 1876, inclusive, of the Probate
Code, the establishment of a conservatorship under Division 4
(commencing with Section 1400) of the Probate Code is a judicial
determination of the incapacity of the conservatee for the purposes
of this section.

41.  A person of unsound mind, of whatever degree, is civilly liable
for a wrong done by the person, but is not liable in exemplary
damages unless at the time of the act the person was capable of
knowing that the act was wrongful.

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