BILL NUMBER: AB 1997	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 23, 2012

   An act to amend Section 1470 of the Probate Code, relating to
guardianships and conservatorships.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1997, as introduced, Huber. Guardianships and conservatorships:
appointment of counsel.
   Existing law authorizes a court to appoint private legal counsel
for a ward, a proposed ward, a conservatee, or a proposed conservatee
in specified guardianship, conservatorship, and other protective
proceedings 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 interests.
   This bill would additionally provide that, notwithstanding the
fact that the ward, proposed ward, conservatee, or proposed
conservatee may also be represented by other legal counsel, the court
may appoint private legal counsel if the court determines that the
ward, proposed ward, conservatee, or proposed conservatee has not
competently retained independent counsel for the proceeding. The bill
would provide that the court's determination in this matter is not
admissible for any other purposes in any other proceeding.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1470 of the Probate Code is amended to read:
   1470.  (a)  (1)    The court may appoint private
legal counsel for a ward, a proposed ward, a conservatee, or a
proposed conservatee in any proceeding under this division 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 interests. 

   (2) Notwithstanding the fact that the ward, proposed ward,
conservatee, or proposed conservatee may also be represented by other
legal counsel, the court may appoint private legal counsel if the
court determines that the ward, proposed ward, conservatee, or
proposed conservatee has not competently retained independent counsel
for the proceeding. The court's determination under this paragraph
shall not be admissible for any other purposes in any other
proceeding. 
   (b) If a person is furnished legal counsel under this section, the
court shall, upon conclusion of the matter, fix a reasonable sum for
compensation and expenses of counsel. The sum may, in the discretion
of the court, include compensation for services rendered, and
expenses incurred, before the date of the order appointing counsel.
   (c) The court shall order the sum fixed under subdivision (b) to
be paid:
   (1) If the person for whom legal counsel is appointed is an adult,
from the estate of that person.
   (2) If the person for whom legal counsel is appointed is a minor,
by a parent or the parents of the minor or from the minor's estate,
or any combination thereof, in any proportions the court deems just.
   (3) If a ward or proposed ward is furnished legal counsel for a
guardianship proceeding, upon its own motion or that of a party, the
court shall determine whether a parent or parents of the ward or
proposed ward or the estate of the ward or proposed ward is
financially unable to pay all or a portion of the cost of counsel
appointed pursuant to this section. Any portion of the cost of that
counsel that the court finds the parent or parents or the estate of
the ward or proposed ward is unable to pay shall be paid by the
county. The Judicial Council shall adopt guidelines to assist in
determining financial eligibility for county payment of counsel
appointed by the court pursuant to this chapter.
   (d) The court may make an order under subdivision (c) requiring
payment by a parent or parents of the minor only after the parent or
parents, as the case may be, have been given notice and the
opportunity to be heard on whether the order would be just under the
circumstances of the particular case.