AB 574

Title: Guardians ad litem: mental illnesses.
Author: Phillip Chen

AB 574, as introduced, Chen. Guardians ad litem: mental illnesses. Existing law authorizes a court, on its own motion or on request of certain specified persons, to appoint a guardian ad litem in a probate proceeding, as specified, to represent the interests of certain persons, including a minor or an incapacitated person. Existing law prohibits the appointment of a public guardian as a guardian ad litem in a probate proceeding, unless the court finds that no other qualified person is willing to act as a guardian ad litem.Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law also provides for a conservator of the person or estate to be appointed for a person who is gravely disabled. Existing law, for the purposes of involuntary commitment and conservatorship, defines “gravely disabled,” among other things, as a condition in which a person, as a result of a mental health disorder, is unable to provide for the person’s basic personal needs for food, clothing, or shelter.This bill would establish an additional procedure for the appointment of a guardian ad litem for a person who lacks the capacity to make rational informed decisions regarding medical care, mental health care, safety, hygiene, shelter, food, or clothing with a rational thought process due to a mental illness, defect, or deficiency. The bill would authorize certain persons to petition the court for the appointment of a guardian ad litem under these provisions, and would establish the procedures that would govern the filing of a petition, its notice provisions, and court procedures. Under certain circumstances, the bill would require the court to appoint the public defender or private counsel to represent a person who is the subject of a petition.

Read first time. To print. 02/11/2021
From printer. May be heard in committee March 14. 02/12/2021
Referred to Coms. on HEALTH and JUD. 02/18/2021
Died pursuant to Art. IV, Sec. 10(a) of the Constitution. 01/31/2022
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. 02/01/2022

Bill Documents
AB 574 - Introduced
02/11/2021 - AB 574 (Introduced)

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Author Details

    Asm. Phillip Chen (R-CA)
    State House

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