Legal Authority for Appointment

1. Discretionary Appointment (Cal. Prob. Code § 1470):
   The court may appoint counsel if the subject person is unrepresented and the appointment would assist in resolving the matter or is necessary to protect their interests.

2. Mandatory Appointment (Cal Prob. Code § 1471):
   Appointment is required in specific proceedings; for example, for the establishment, removal, or termination of a conservatorship; capacity determinations; or removal from residence, when the person is unrepresented, even if they do not request an attorney.

3. Additional Mandatory Contexts:
   These include, but are not limited to, limited conservatorships, sterilization proceedings, and medical treatment authorization.

Selection and Appointment Process

• The conservatee can request specific counsel. The court must honor this unless the attorney has a conflict of interest or cannot provide zealous advocacy.

• Judicial Council forms (GC-005 and GC-006) are typically used to request and formalize appointments.

• Each county may have different local rules and procedures.

Qualifications and Requirements

Attorneys must meet statewide standards, as stated in California Rules of Court 7.1101–7.1105, including (1) maintaining an active bar membership in good standing; (2) no record of recent disciplinary actions; (3) professional liability insurance coverage; (4) relevant experience and training; and (5) annual completion of continuing education courses, including instruction on less restrictive alternatives to a conservatorship.

Practical Duties of Appointed Counsel

• Client Interview: Conduct in-person interviews at the client’s residence, when possible, ensuring privacy and understanding of legal rights.

• Document Review: Obtain court records, confidential filings, investigator reports, medical records, and related legal documents.

• Family and Provider Interviews: Speak with family, proposed conservators, medical professionals, and others with relevant information.

• Written Report: While not always required, a thorough report is encouraged to advocate for the client’s expressed wishes and address any legal or factual issues.

• Hearing Participation: Appear and advocate at all relevant hearings; ensure the client understands and exercises rights, including the right to be present.

Ethical Considerations

• The duty of loyalty is owed exclusively to the conservatee.

• Counsel must avoid conflicts of interest and consider issues of client capacity with sensitivity.

• Appointment is personal and cannot be delegated.

Discharge and Ongoing Representation

• The court may discharge counsel or continue representation depending on the needs of the case.