AB 1194 became effective in 2022, and SB 602 is likely to become effective in 2023. Both measures have significant implications for clients and attorneys in probate conservatorship proceedings. This webinar will explain those implications for conservatees and proposed conservatees and their public defenders or court-appointed attorneys. It will provide information valuable to conservators, temporary conservators, public guardians, and the lawyers who represent them. It also will identify potential ramifications for the public entities that appoint or fund lawyers in conservatorship proceedings.

AB 1194 – which is already law – entitles conservatees and proposed conservatees to have lawyers who act as zealous advocates. This imposes obligations not only on the attorneys in individual cases but on the courts that appoint them and the counties that fund them.

SB 602 – which has passed the Senate unanimously and is likely to pass the Assembly later this year – will impose new requirements on conservators once an order of conservatorship is granted.

This, in turn, creates obligations for the public defenders and appointed attorneys who represent the conservatees. It also requires attorneys who represent conservators to advise and represent their clients according to the new requirements this bill will impose.

Both measures create potential liabilities for conservatorship attorneys with the agencies that fund them, the State Bar and civil rights enforcement agencies.

Attendees will receive a guidebook with suggestions on how attorneys, court administrators, and county risk managers can ensure that legal services in conservatorship cases conform to the law. The guidebook also provides advice on minimizing the risk of liability for noncompliance.