AB 1663 — Protective proceedings.

Summary

Existing law, the Guardianship-Conservatorship Law, generally establishes the standards and procedures for the appointment of, and termination of an appointment for, a guardian or conservator of a person, an estate, or both. Under existing law, a court may appoint the Director of Developmental Services as guardian or conservator of the person and estate, or person or estate, of a developmentally disabled person, in which case a specified order of preferences for deciding between equally qualified prospective conservators does not apply. Existing law authorizes the director to have these conservatorship duties performed through a regional center, or an agency or individual designated by the regional center, as specified. This bill would revise various procedures in the conservatorship process. Among other provisions, the bill would provide that, when equally qualified as other potential conservators, the conservatee's preference and the prior conservator's preference, to a prescribed extent, should prevail. For petitions filed after January 1, 2023, the bill would prohibit a regional center from acting as a conservator but would authorize the regional center to act as a designee of the director, as specified. The bill would require the Director of Developmental Services to develop guidelines to mitigate conflicts that may arise when a regional center is acting as designee while at the same time providing service coordination activities to the same person. The bill would also require the petition for conservatorship to include alternatives to conservatorship considered by the petitioner or proposed conservator and reasons why those alternatives are not suitable, alternatives tried by the petitioner or proposed conservators, if any, and the reasons why those alternatives do not meet the conservatee's needs. This bill would require the court to provide conservators with written information concerning the conservator's obligations to support the conservatee. The bill would require the court, within 30 days of the establishment of a conservatorship and annually thereafter, to provide conservatees under the court's jurisdiction with written information regarding their rights, including a personalized list of the rights the conservatee retains. The bill would expand the annual duties and reporting requirements of court investigators conducting required visits to assess the progress of the conservatorship. The bill would revise the procedures for termination of a limited conservatorship by requiring the court to terminate an uncontested petition for termination under specified circumstances, and without a hearing. The bill, upon appropriation, would require the Judicial Council to establish a conservatorship alternatives program within each self-help center in each superior court. Among other goals, the conservatorship alternatives program would provide information relating to less restrictive alternatives to conservatorship. The bill would designate the duties of court staff reviewing petitions under the conservatorship alternatives program. Existing law requires the Judicial Council to adopt a rule of court that specifies educational requirements for staff attorneys, examiners, investigators, and attorneys appointed as legal counsel in guardianship and conservatorship cases, as well as judges who are regularly assigned to hear probate matters. This bill would require the Judicial Council to include the less restrictive alternatives to conservatorship in the required subject matter to meet those educational requirements. The bill would establish a supported decisionmaking process and a process for entering into a supported decisionmaking agreement for adults with disabilities, as defined. The bill would define "supported decisionmaking" as an individualized process of supporting and accommodating an adult with a disability to enable them to make life decisions without impeding the self-determination of the adult. The bill would authorize an adult with a disability to request and have present one or more adults, including supporters, in any meeting or communication. The bill would set forth the duties of supporters and would specify the elements of a written supported decisionmaking agreement, if one is used.

Bill Text

• Chaptered 09/30/22 - Chaptered Current pdf September 30, 2022
• Enrolled 09/01/22 - Enrolled pdf September 01, 2022
• Amended 08/22/22 - Amended Senate pdf August 22, 2022
• Amended 08/11/22 - Amended Senate pdf August 11, 2022
• Amended 06/23/22 - Amended Senate pdf June 23, 2022
• Amended 05/19/22 - Amended Assembly pdf May 19, 2022
• Amended 03/16/22 - Amended Assembly pdf March 16, 2022
• Amended 03/07/22 - Amended Assembly pdf March 07, 2022
• Introduced 01/19/22 - Introduced pdf January 19, 2022
• AB1663 View text html

Action History

1. September 30, 2022

   Chaptered by Secretary of State - Chapter 894, Statutes of 2022.

2. September 30, 2022

   Approved by the Governor.

3. September 12, 2022

   Enrolled and presented to the Governor at 4 p.m.

4. August 30, 2022

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.).

5. August 29, 2022

   In Assembly. Concurrence in Senate amendments pending.

6. August 29, 2022

   Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 5187.).

7. August 23, 2022

   Read second time. Ordered to third reading.

8. August 22, 2022

   Read third time and amended. Ordered to second reading.

9. August 15, 2022

   Read second time. Ordered to third reading.

10. August 11, 2022

    Read second time and amended. Ordered returned to second reading.

11. August 11, 2022

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11).

12. August 02, 2022

    In committee: Referred to suspense file.

13. June 28, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 27). Re-referred to Com. on APPR.

14. June 23, 2022

    Read second time and amended. Re-referred to Com. on HUMAN S.

15. June 22, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on HUMAN S. (Ayes 11. Noes 0.) (June 21).

16. June 01, 2022

    Referred to Coms. on JUD. and HUMAN S.

17. May 26, 2022

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 25, 2022

    Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4949.)

19. May 23, 2022

    Read second time. Ordered to third reading.

20. May 19, 2022

    Read second time and amended. Ordered returned to second reading.

21. May 19, 2022

    From committee: Amend, and do pass as amended. (Ayes 15. Noes 0.) (May 19).

22. April 06, 2022

    In committee: Set, first hearing. Referred to suspense file.

23. March 17, 2022

    Re-referred to Com. on APPR.

24. March 16, 2022

    Read second time and amended.

25. March 15, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (March 15).

26. March 08, 2022

    Re-referred to Com. on JUD.

27. March 07, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

28. January 27, 2022

    Referred to Com. on JUD.

29. January 20, 2022

    From printer. May be heard in committee February 19.

30. January 19, 2022

    Read first time. To print.

Sponsors

• Maienschein · Primary

Votes

Subjects