California § 416.95. 416.95. (Amended by Stats. 1979, Ch. 730.)

California Statutes

§ 416.95. — 416.95. (Amended by Stats. 1979, Ch. 730.)

California § 416.95.

JurisdictionCalifornia

Code HSCHealth and Safety Code - HSC

Div. 1.DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH

Part 1.PART 1. STATE DEPARTMENT OF HEALTH SERVICES

Ch. 2.CHAPTER 2. Powers and Duties

Art. 7.5.ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons

This text of California § 416.95. (416.95. (Amended by Stats. 1979, Ch. 730.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cal. Health and Safety Code - HSC Code § 416.95. (2026).

Text

Prior to the appointment of the Director of Developmental Services as guardian or conservator of the person or estate of a minor or adult developmentally disabled person, the court shall inform the person of the nature and purpose of the guardianship or conservatorship proceedings and the effect of the proceedings on the basic rights of the person. After communicating the information to the alleged developmentally disabled person and prior to the appointment of the Director of Developmental Services as guardian or conservator, the court shall consult with the person to determine the person’s opinion concerning the appointment.
Any adult developmentally disabled person for whom guardianship or conservatorship is sought pursuant to this article shall be informed by a member or designee of th

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Prior to the appointment of the Director of Developmental Services as guardian or conservator of the person or estate of a minor or adult developmentally disabled person, the court shall inform the person of the nature and purpose of the guardianship or conservatorship proceedings and the effect of the proceedings on the basic rights of the person. After communicating the information to the alleged developmentally disabled person and prior to the appointment of the Director of Developmental Services as guardian or conservator, the court shall consult with the person to determine the person’s opinion concerning the appointment.
Any adult developmentally disabled person for whom guardianship or conservatorship is sought pursuant to this article shall be informed by a member or designee of the regional center and by the court of the person’s right to counsel; and if the person does not have an attorney for the proceedings the court shall immediately appoint the public defender or other attorney to represent the person. The person shall pay the cost for such legal service if able.
If an affidavit or certificate has been filed, as provided in Section 416.7, evidencing the inability of the alleged developmentally disabled person to be present at the hearing, the psychologist or social worker assisting in preparing the report and who is required to visit each person as provided in Section 416.8 shall communicate such information to the person during the visit, consult the person to determine the person’s opinion concerning the appointment, and be prepared to testify as to the person’s opinion, if any.