CA joins states guaranteeing counsel in conservatorship cases

As the result of a 2021 law, California conservatorships no longer require a protected person to request counsel in order for counsel to be appointed.  Bloomberg Law has more.

For guardianships/conservatorships, Cal. Health & Safety Code § 416.95 provides a right to automatic appointment of counsel for an adult developmentally disabled person for whom guardianship or conservatorship is sought by the Director of Developmental Services.  It is also required when a limited conservatorship is sought of a developmentally disabled person (Cal. Prob. Code §§ 1471(c), 1801(d)), in any conservatorship where “a conservatee or proposed conservatee has not retained legal counsel and does not plan to retain legal counsel, whether or not that person lacks or appears to lack legal capacity (Cal. Prob. Code § 1471(b)), in proceedings involving a person with a “major neurocognitive disorder” (Cal. Prob. Code § 2356.5(f)(1)), and in full conservatorship proceedings where the judge determines that “appointment would be helpful to the resolution of the matter or is necessary to protect the [person’s] interests”, Cal. Prob. Code § 1470(a).  See also Cal. Welf. & Inst. Code §§ 5465 (in proceeding to establish conservatorship due to “serious mental illness or substance abuse disorders” authorized in certain counties, “If the conservatee or proposed conservatee is not represented by counsel, the court shall appoint the public defender for the conservatee or proposed conservatee within five days after the date of the petition at the county’s or city and county’s expense. A hearing or trial shall not occur under this chapter unless the conservatee or proposed conservatee is represented by counsel”), 5365 (for conservatorships of gravely disabled persons,[1]“A hearing shall be held on all petitions under this chapter within 30 days of the date of the petition. The court shall appoint the public defender or other attorney for the conservatee or proposed conservatee within five days after the date of the petition.”)

If court-ordered medical treatment is sought for a ward or conservatee, then “Upon the filing of the petition, unless an attorney is already appointed the court shall appoint the public defender or private counsel under Section 1471, to consult with and represent the ward or conservatee at the hearing on the petition and, if that appointment is made, Section 1472 applies.”  Cal. Prob. Code § 2357.  See also Cal. Welf. & Inst. Code §§ 5350.5 (if court refers conservatee for assessment “to determine if the conservatee has a treatable mental illness, including whether the conservatee is gravely disabled or impaired by chronic alcoholism, and is unwilling to accept, or is incapable of accepting, treatment voluntarily”, then court must appoint counsel for conservatee if indigent); 5365 (for conservatorships of gravely disabled persons, “A hearing shall be held on all petitions under this chapter within 30 days of the date of the petition. The court shall appoint the public defender or other attorney for the conservatee or proposed conservatee within five days after the date of the petition.”)