SB 280 — Review of conservatorships: care plans.

Summary

Existing law generally provides for the establishment, review, and termination of conservatorships. Existing law specifies the persons who may be appointed as a conservator and requires the court to review a conservatorship 6 months after the initial appointment of the conservator, one year after the appointment of the conservator, and annually thereafter. Existing law sets forth the powers and duties of a conservator for the care, custody, and control of a conservatee. This bill, commencing January 1, 2025, would require a conservator, within 120 calendar days of appointment and not later than 10 days before a hearing to determine the continuation or termination of an existing conservatorship, and to file a care plan regarding the care, custody, and control of the conservatee. The bill would require delivery of the care plan to specified persons, including the conservatee and their attorney, but would otherwise make the care plan confidential, except as specified, thereby limiting public access to the records. The bill would require the Judicial Council to develop a mandatory form for the care plan, which would be required to include specified information, including descriptions of the conservatee's living arrangement and level of care and any plans to modify those within the next 12 months. The bill would impose sanctions for a conservator's failure to timely file a care plan, including authorizing the court to impose a civil penalty in any amount up to $500, payable to the estate of the conservatee, and authorizing the court to remove a conservator for failure to file a care plan. The bill would require an investigator to review the most recent care plan as part of an investigation. Existing law requires a conservator, upon appointment, to determine the appropriate level of care for the conservatee and to make that determination in writing, signed by the conservator under penalty of perjury, and requires it to be submitted to the court within 60 days of appointment as conservator. This bill would remove the requirements that the determination be provided in writing and signed under penalty of perjury, as well as the delivery timeline, and would instead require that it be included in the care plan. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

• Chaptered 10/10/23 - Chaptered Current pdf October 10, 2023
• Enrolled 09/08/23 - Enrolled pdf September 08, 2023
• Amended 08/14/23 - Amended Assembly pdf August 14, 2023
• Amended 06/14/23 - Amended Assembly pdf June 14, 2023
• Introduced 02/01/23 - Introduced pdf February 01, 2023
• SB280 View text html

Action History

1. October 10, 2023

   Chaptered by Secretary of State. Chapter 705, Statutes of 2023.

2. October 10, 2023

   Approved by the Governor.

3. September 11, 2023

   Enrolled and presented to the Governor at 3 p.m.

4. September 06, 2023

   Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2420.) Ordered to engrossing and enrolling.

5. August 29, 2023

   In Senate. Concurrence in Assembly amendments pending.

6. August 28, 2023

   Read third time. Passed. (Ayes 76. Noes 0. Page 2830.) Ordered to the Senate.

7. August 14, 2023

   Ordered to third reading.

8. August 14, 2023

   Read third time and amended. (Ayes 73. Noes 0. Page 2680.)

9. July 03, 2023

   Ordered to third reading.

10. July 03, 2023

    From consent calendar on motion of Assembly Member Reyes.

11. June 29, 2023

    Read second time. Ordered to consent calendar.

12. June 28, 2023

    From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 28).

13. June 14, 2023

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

14. June 13, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 13).

15. June 01, 2023

    June 6 hearing postponed by committee.

16. May 04, 2023

    Referred to Com. on JUD.

17. April 24, 2023

    In Assembly. Read first time. Held at Desk.

18. April 24, 2023

    Read third time. Passed. (Ayes 39. Noes 0. Page 849.) Ordered to the Assembly.

19. April 11, 2023

    Read second time. Ordered to third reading.

20. April 10, 2023

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

21. April 03, 2023

    Set for hearing April 10.

22. March 29, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 576.) (March 28). Re-referred to Com. on APPR.

23. March 06, 2023

    Set for hearing March 28.

24. February 09, 2023

    Referred to Com. on JUD.

25. February 02, 2023

    From printer. May be acted upon on or after March 4.

26. February 01, 2023

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• John Laird · Primary

Votes

Subjects