Rosilicie Ochoa Bogh
- Republican
- Senator
- District 23
Author
(1) Existing law authorizes a court to appoint a guardian ad litem at any stage of a proceeding under the Probate Code to represent the interest of specified persons, including a minor or an incapacitated person, if the court determines that representation of their interest otherwise would be inadequate. This bill would add a person who lacks the legal capacity to make a decision to that list of specified persons. The bill would require a proposed guardian ad litem to disclose to the court and all interested persons any known potential or actual conflicts of interest arising from appointment. (2) Existing law requires a party to a civil action who is a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed to appear in the action either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court, except as specified. Existing law authorizes the court to appoint a guardian ad litem in any case when the court deems it expedient, even notwithstanding that the person may have a guardian of the estate or conservator of the estate and may have appeared by the guardian of the estate or conservator of the estate. With respect to the appointment of guardians, this bill would replace the term "person lacking legal competence to make decisions" with the term "person who lacks legal capacity to make decisions," as defined. The bill would require notice and a copy of a guardian ad litem application for a person who already has a guardian or conservator of the estate to be provided to the guardian or conservator of the estate, as prescribed. The bill would give the guardian or conservator of the estate 5 court days from receiving notice of the application to file an opposition to the application. The bill would require a proposed guardian ad litem to disclose to the court and all interested persons any known potential or actual conflicts of interest arising from appointment, and any familial or affiliate relationship with any of the parties.
Chaptered by Secretary of State. Chapter 843, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5369.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 77. Noes 0. Page 5999.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
From consent calendar on motion of Assembly Member Reyes.
Ordered to third reading.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 11. Noes 0.) (June 28).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
June 14 hearing postponed by committee.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 3926.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 10. Noes 0. Page 3596.) (May 3).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing May 3.
April 19 set for first hearing canceled at the request of author.
Set for hearing April 19.
From printer.
Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1279 | HTML |
| 02/18/22 - Introduced | |
| 04/25/22 - Amended Senate | |
| 04/27/22 - Amended Senate | |
| 05/05/22 - Amended Senate | |
| 06/23/22 - Amended Assembly | |
| 08/15/22 - Amended Assembly | |
| 09/09/22 - Enrolled | |
| 09/29/22 - Chaptered |
| Document | Format |
|---|---|
| 04/29/22- Senate Judiciary | |
| 05/06/22- Sen. Floor Analyses | |
| 06/24/22- Assembly Judiciary | |
| 08/03/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/17/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/22/22- Sen. Floor Analyses |
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