Right to counsel

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Legislation, Involuntary Medical Treatment (incomplete)

Cal. Welf. & Inst. Code § 5346(c) provides a right to appointed counsel for a party ordered by the court to obtain assisted outpatient treatment.


Persons also have the right to counsel at hearings about extending involuntary intensive treatment an additional 30 days due to "the person remain[ing] gravely disabled as a result of a mental disorder or impairment by chronic alcoholism." Cal. Welf. & Inst. Code § 5270.70.


Additionally, Cal. Prob. Code § 3205 provides that where a petition is filed regarding the capacity of an adult without a conservator to consent to medical treatment, “If the patient has not retained an attorney and does not plan to retain one, the court shall appoint the public defender or private counsel under Section 1471 to consult with and represent the patient at the hearing on the petition and, if such appointment is made, Section 1472 applies.”

Appointment of Counsel: categorical Qualified: no