SB 724

Bill Subjects

Abstract

(1) The Guardianship-Conservatorship Law requires the court to appoint the public defender or private counsel to represent interests of a conservatee, proposed conservatee, or person alleged to lack legal capacity who is unable to retain legal counsel and requests the appointment of counsel to assist them in particular proceedings that include, among others, proceedings to establish a conservatorship or to remove the conservator, whether or not that person lacks or appears to lack legal capacity. The law also requires the court to appoint the public defender or private counsel in these proceedings to represent the interests of a conservatee or proposed conservatee who does not plan to retain legal counsel and has not requested the court to appoint legal counsel, if the court determines that the appointment would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee or proposed conservatee based on information contained in the court investigator's report or obtained from any other source, whether or not that person lacks or appears to lack legal capacity. This bill would instead require the court to appoint the public defender or private counsel if the conservatee or proposed conservatee has not retained legal counsel and does not plan to retain legal counsel. The bill would generally require the court to allow representation by an attorney for whom a conservatee, proposed conservatee, or person alleged to lack legal capacity expresses a preference, even if the attorney is not on the court's list of court appointed attorneys. The bill would require the court, in an appeal or writ proceeding, to appoint counsel to advocate for the rights, interests, and stated wishes of a conservatee who is not represented by legal counsel. The bill would specify that the role of legal counsel for a conservatee, proposed conservatee, or person alleged to lack legal capacity is that of a zealous advocate, observing specified legal requirements. Existing law authorizes the court to appoint private legal counsel for a ward, proposed ward, a conservatee, or a proposed conservatee in any other proceeding if the court determines the person is not otherwise represented by legal counsel and that the appointment would be helpful to the resolution of the matter or is necessary to protect the person's interest. This bill, instead, would authorize the court to appoint private legal counsel for a ward, proposed ward, a conservatee, a proposed conservatee, or a person alleged to lack legal capacity in any proceeding if the court determines the person is not otherwise represented by legal counsel. (2) Existing law regulates the terms and conditions of guardianships and conservatorships. Existing law authorizes a court to refer certain issues relating to a conservatorship to a court investigator and prescribes the duties of an investigator in this regard, which include determining if a proposed conservatee has not retained legal counsel or if a conservatee desires the court to appoint legal counsel. This bill would require the court investigator to determine whether a conservatee plans to retain legal counsel if they have not already done so.