SB 280: Review of conservatorships: care plans.

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 conservatees living arrangement and level of care and any plans to modify those within the next 12 months. The bill would impose sanctions for a conservators 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.