Right to counsel

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Legislation, Involuntary Medical Treatment

Cal. Welf. & Inst. Code § 5346(c) provides a right to appointed counsel for a a party ordered by the court to obtain assisted outpatient treatment.

 

Additionally, Cal. Prob. Code § 3205 provides that where a petition is filed regarding the capacity of an adult without a conservator to consent to medical treatment, “If the patient has not retained an attorney and does not plan to retain one, the court shall appoint the public defender or private counsel under Section 1471 to consult with and represent the patient at the hearing on the petition and, if such appointment is made, Section 1472 applies.”

Appointment of Counsel: categorical Qualified: no