SECTIONS 1470-1474 - California Statutes

PROBATE CODE

SECTION 1470-1474

1470. (a) The court may appoint private legal counsel for a ward, a
proposed ward, a conservatee, or a proposed conservatee in any
proceeding under this division 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.
(b) If a person is furnished legal counsel under this section, the
court shall, upon conclusion of the matter, fix a reasonable sum for
compensation and expenses of counsel. The sum may, in the discretion
of the court, include compensation for services rendered, and
expenses incurred, before the date of the order appointing counsel.
(c) The court shall order the sum fixed under subdivision (b) to
be paid:
(1) If the person for whom legal counsel is appointed is an adult,
from the estate of that person.
(2) If the person for whom legal counsel is appointed is a minor,
by a parent or the parents of the minor or from the minor's estate,
or any combination thereof, in any proportions the court deems just.
(3) If a ward or proposed ward is furnished legal counsel for a
guardianship proceeding, upon its own motion or that of a party, the
court shall determine whether a parent or parents of the ward or
proposed ward or the estate of the ward or proposed ward is
financially unable to pay all or a portion of the cost of counsel
appointed pursuant to this section. Any portion of the cost of that
counsel that the court finds the parent or parents or the estate of
the ward or proposed ward is unable to pay shall be paid by the
county. The Judicial Council shall adopt guidelines to assist in
determining financial eligibility for county payment of counsel
appointed by the court pursuant to this chapter.
(d) The court may make an order under subdivision (c) requiring
payment by a parent or parents of the minor only after the parent or
parents, as the case may be, have been given notice and the
opportunity to be heard on whether the order would be just under the
circumstances of the particular case.

1471. (a) If a conservatee, proposed conservatee, or person alleged
to lack legal capacity is unable to retain legal counsel and
requests the appointment of counsel to assist in the particular
matter, whether or not such person lacks or appears to lack legal
capacity, the court shall, at or before the time of the hearing,
appoint the public defender or private counsel to represent the
interest of such person in the following proceedings under this
division:
(1) A proceeding to establish a conservatorship or to appoint a
proposed conservator.
(2) A proceeding to terminate the conservatorship.
(3) A proceeding to remove the conservator.
(4) A proceeding for a court order affecting the legal capacity of
the conservatee.
(5) A proceeding to obtain an order authorizing removal of a
temporary conservatee from the temporary conservatee's place of
residence.
(b) If a conservatee or proposed conservatee does not plan to
retain legal counsel and has not requested the court to appoint legal
counsel, whether or not such person lacks or appears to lack legal
capacity, the court shall, at or before the time of the hearing,
appoint the public defender or private counsel to represent the
interests of such person in any proceeding listed in subdivision (a)
if, based on information contained in the court investigator's report
or obtained from any other source, the court determines that the
appointment would be helpful to the resolution of the matter or is
necessary to protect the interests of the conservatee or proposed
conservatee.
(c) In any proceeding to establish a limited conservatorship, if
the proposed limited conservatee has not retained legal counsel and
does not plan to retain legal counsel, the court shall immediately
appoint the public defender or private counsel to represent the
proposed limited conservatee. The proposed limited conservatee shall
pay the cost for such legal service if he or she is able. This
subdivision applies irrespective of any medical or psychological
inability to attend the hearing on the part of the proposed limited
conservatee as allowed in Section 1825.

1472. (a) If a person is furnished legal counsel under Section
1471:
(1) The court shall, upon conclusion of the matter, fix a
reasonable sum for compensation and expenses of counsel and shall
make a determination of the person's ability to pay all or a portion
of that sum. The sum may, in the discretion of the court, include
compensation for services rendered, and expenses incurred, before the
date of the order appointing counsel.
(2) If the court determines that the person has the ability to pay
all or a portion of the sum, the court shall order the conservator
of the estate or, if none, the person, to pay in any installments and
in any manner the court determines to be reasonable and compatible
with the person's financial ability.
(3) In a proceeding under Chapter 3 (commencing with Section 3100)
of Part 6 for court authorization of a proposed transaction
involving community property, the court may order payment out of the
proceeds of the transaction.
(4) If a conservator is not appointed for the person furnished
legal counsel, the order for payment may be enforced in the same
manner as a money judgment.
(b) If the court determines that a person furnished private
counsel under Section 1471 lacks the ability to pay all or a portion
of the sum determined under paragraph (1) of subdivision (a), the
county shall pay the sum to the private counsel to the extent the
court determines the person is unable to pay.
(c) The payment ordered by the court under subdivision (a) shall
be made to the county if the public defender has been appointed or if
private counsel has been appointed to perform the duties of the
public defender and the county has compensated that counsel. In the
case of other court-appointed counsel, the payment shall be made to
that counsel.

1474. If an Indian custodian or biological parent of an Indian
child lacks the financial ability to retain counsel and requests the
appointment of counsel in proceedings described in Section 1459.5,
the provisions of subsection (b) of Section 1912 of the Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Section 23.13 of Title
25 of the Code of Federal Regulations are applicable.