Section 1894 Of Article 2. Capacity To Give Informed Consent For Medical Treatment From California Probate Code >> Division 4. >> Part 3. >> Chapter 4. >> Article 2.
1894
. If the petition alleges that the conservatee is not willing
to attend the hearing or upon receipt of an affidavit or certificate
attesting to the medical inability of the conservatee to attend the
hearing, the court investigator shall do all of the following:
(a) Interview the conservatee personally.
(b) Inform the conservatee of the contents of the petition, of the
nature, purpose, and effect of the proceeding, and of the right of
the conservatee to oppose the petition, attend the hearing, and be
represented by legal counsel.
(c) Determine whether it appears that the conservatee is unable to
attend the hearing and, if able to attend, whether the conservatee
is willing to attend the hearing.
(d) Determine whether the conservatee wishes to contest the
petition.
(e) Determine whether the conservatee wishes to be represented by
legal counsel and, if so, whether the conservatee has retained legal
counsel and, if not, the name of an attorney the conservatee wishes
to retain.
(f) If the conservatee has not retained counsel, determine whether
the conservatee desires the court to appoint legal counsel.
(g) Determine whether the appointment of legal counsel would be
helpful to the resolution of the matter or is necessary to protect
the interests of the conservatee in any case where the conservatee
does not plan to retain legal counsel and has not requested the court
to appoint legal counsel.
(h) Report to the court in writing, at least five days before the
hearing, concerning all of the foregoing, including the conservatee's
express communications concerning both (1) representation by legal
counsel and (2) whether the conservatee is not willing to attend the
hearing and does not wish to contest the petition.