SB 1254

  • California Senate Bill
  • 2019-2020 Regular Session
  • Introduced in Senate Feb 21, 2020
  • Senate
  • Assembly
  • Governor

Guardians ad litem: mental illnesses.

Abstract

Existing law authorizes a court, on its own motion or on request of certain specified persons, to appoint a guardian ad litem in any 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.

Bill Sponsors (1)

Votes


No votes to display

Actions


May 14, 2020

Senate

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

May 13, 2020

Senate

Set for hearing May 22.

May 11, 2020

Senate

Re-referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

May 06, 2020

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Referral-Committee
Com. on RLS.

Mar 05, 2020

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 24, 2020

Senate

Read first time.

Senate

From printer. May be acted upon on or after March 25.

Feb 21, 2020

Senate

Introduced. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB1254 HTML
02/21/20 - Introduced PDF
05/06/20 - Amended Senate PDF

Related Documents

Document Format
No related documents.

Sources

Data on Open States is updated nightly from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.