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.