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CA SB1254

Bill

Status

Introduced

2/21/2020

Primary Sponsor

John Moorlach

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Establishes a new procedure in Probate Code Part 7.5 for appointing a guardian ad litem for adults who lack capacity to make rational informed decisions regarding medical care, mental health care, safety, hygiene, shelter, food, or clothing due to mental illness.

  • Allows petitions to be filed by the person themselves, family members, friends, physicians, health care institutions, or county officers in the superior court of the county where the person resides, is temporarily living, or where it is in their best interest.

  • Requires petitions to include a mental health professional's declaration detailing the person's mental health condition, recommended care, threats to their condition if care is delayed, alternatives, and efforts to obtain consent, with hearings expedited to occur within 15 days.

  • Mandates the court appoint a public defender or private counsel to represent the respondent within four judicial days if the person has not retained an attorney.

  • Prohibits secure mental health facility placement, experimental drugs, convulsive treatment, and sterilization under this authority, with any conservatorship appointment superseding and suspending the guardian ad litem's powers.

Legislative Description

Guardians ad litem: mental illnesses.

Last Action

May 22 set for first hearing canceled at the request of author.

5/14/2020

Committee Referrals

Judiciary5/11/2020
Rules2/21/2020

Full Bill Text

No bill text available