Today's Law As Amended


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AB-596 Appointed legal counsel.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 1473 is added to the Probate Code, to read:

1473.
 If an attorney appointed pursuant to this chapter determines that the conservatee or proposed conservatee is unable to communicate, then the attorney shall report the nature of that inability to the court. The court shall make a determination as to the allegation of the person’s inability to communicate, based on affidavits and declarations, or by evidentiary hearing, as the court deems appropriate. If the court determines that the conservatee or proposed conservatee is unable to communicate, the court shall discharge the appointed attorney and shall appoint a guardian ad litem for the conservatee or proposed conservatee, notwithstanding any provision of this chapter.

SEC. 2.

 Section 1475 is added to the Probate Code, to read:

1475.
 An attorney appointed pursuant to Section 1470 or 1471 to represent a conservatee, a proposed conservatee, or person alleged to lack legal capacity shall act as an advocate for the client and shall not substitute the attorney’s own judgment for that of the client’s expressed interests.