Kay v. Superior Court

In this certiorari proceeding, petitioner seeks annulment of an order of the probate court confirming the sale of his home property. The sale was made while pe*217titioner was incompetent, but he has been restored to capacity since the order of confirmation of sale. Before his commitment he used the property both as a home and as an office where he practiced as a physician.

Petitioner’s guardian sold the property under the authority of section 1530 of the Probate Code: “If ... it is for the advantage, benefit, and best interests of the estate or ward or of such members of his family as he is…