Legal Question in Juvenile Dependency in California
Emancipated Minor Rights
Do emancipated minors have the right to enter into binding contracts such as: credit card agreements, loan agreements or cell phone contracts?
2 Answers from Attorneys
Re: Emancipated Minor Rights
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NOW, IN RESPONSE TO YOUR INQUIRY --
California Family Code section 7050 states in pertinent part: "An emancipated minor shall be considered as being an adult for the following purposes . . .
(e) The minor's capacity to do any of the following:
(1) Consent to medical, dental, or psychiatric care, without parental consent, knowledge, or liability.
(2) Enter into a binding contract or give a delegation of power.
(3) Buy, sell, lease, encumber, exchange, or transfer an interest in real or personal property, including, but not limited to, shares of stock in a domestic or foreign corporation or a membership in a nonprofit corporation.
(4) Sue or be sued in the minor's own name.
(5) Compromise, settle, arbitrate, or otherwise adjust a claim, action, or proceeding by or against the minor.
(6) Make or revoke a will.
(7) Make a gift, outright or in trust.
(8) Convey or release contingent or expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy, and consent to a transfer, encumbrance, or gift of marital property.
(9) Exercise or release the minor's powers as donee of a power of appointment unless the creating instrument otherwise provides.
(10) Create for the minor's own benefit or for the benefit of others a revocable or irrevocable trust.
(11) Revoke a revocable trust.
(12) Elect to take under or against a will.
(13) Renounce or disclaim any interest acquired by testate or intestate succession or by inter vivos transfer, including exercise of the right to surrender the right to revoke a revocable trust.
(14) Make an election referred to in Section 13502 of, or an election and agreement referred to in Section 13503 of, the Probate Code.
(15) Establish the minor's own residence.
(16) Apply for a work permit pursuant to Section 49110 of the Education Code without the request of the minor's parents.
(17) Enroll in a school or college.
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Re: Emancipated Minor Rights
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