(1) Existing law authorizes a court to appoint a guardian ad litem at any stage of a proceeding under the Probate Code to represent the interest of specified persons, including a minor or an incapacitated person, if the court determines that representation of their interest otherwise would be inadequate.
This bill would add a person who lacks the legal capacity to make a decision to that list of specified persons. The bill would require a proposed guardian ad litem to disclose to the court and all interested persons any known potential or actual conflicts of interest arising from appointment.
(2) Existing law requires a party to a civil action who is a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed to appear in the action either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court, except as specified. Existing law authorizes the court to appoint a guardian ad litem in any case when the court deems it expedient, even notwithstanding that the person may have a guardian of the estate or conservator of the estate and may have appeared by the guardian of the estate or conservator of the estate.
With respect to the appointment of guardians, this bill would replace the term "person lacking legal competence to make decisions" with the term "person who lacks legal capacity to make decisions," as defined. The bill would require notice and a copy of a guardian ad litem application for a person who already has a guardian or conservator of the estate to be provided to the guardian or conservator of the estate, as prescribed. The bill would give the guardian or conservator of the estate 5 court days from receiving notice of the application to file an opposition to the application. The bill would require a proposed guardian ad litem to disclose to the court and all interested persons any known potential or actual conflicts of interest arising from appointment, and any familial or affiliate relationship with any of the parties.

Statutes affected:
SB1279: 1003 PROB
02/18/22 - Introduced: 1003 PROB
04/25/22 - Amended Senate: 1003 PROB
04/27/22 - Amended Senate: 1003 PROB
05/05/22 - Amended Senate: 1003 PROB, 1003 PROB
06/23/22 - Amended Assembly: 1003 PROB
08/15/22 - Amended Assembly: 1003 PROB
09/09/22 - Enrolled: 1003 PROB
09/29/22 - Chaptered: 1003 PROB
SB 1279: 1003 PROB