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SB-602 Review of conservatorships: care plans.(2021-2022)

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Date Published: 06/02/2022 09:00 PM
SB602:v95#DOCUMENT

Amended  IN  Assembly  June 02, 2022
Amended  IN  Senate  April 27, 2021
Amended  IN  Senate  April 05, 2021
Amended  IN  Senate  March 08, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 602

Introduced by Senator Laird
(Coauthor: Senator Allen)
(Coauthor: Assembly Member Low)

February 18, 2021

An act to add Section 2351.2 to the Probate Code, relating to conservatorships.


LEGISLATIVE COUNSEL'S DIGEST


SB 602, as amended, Laird. 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 bill, commencing January 1, 2024, would require a conservator, within 30 60 days of appointment and within 30 days before a hearing to determine the continuation or termination of an existing conservatorship, to submit file a care plan to specified persons regarding the care, custody, and control of the conservatee. The bill would require the care plan to be delivered 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 submit file a care plan, including requiring authorizing the court to impose a civil penalty in any amount up to $5,000, to be deposited into an unspecified fund, unless the court finds good cause to not impose a penalty. $1,000, 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 to be included within the court investigator’s report, and would further require the court to review the most recent care plan in determining the continuation or termination of the conservatorship. as part of an investigation.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2351.2 is added to the Probate Code, to read:

2351.2.
 (a) (1) Within 30 60 calendar days of appointment by the court and within 30 days before a hearing to determine the continuation or termination of an existing conservatorship, the conservator shall submit file a care plan for the care, custody, and control of the conservatee using the mandatory form developed pursuant to subdivision (b). as provided in this section. The court may require a conservator to update the care plan using the mandatory form at any time. The court shall review the most recent care plan in determining the continuation or termination of the conservatorship.
(2) Financial information required to be filed under paragraph (7), (8), (10), or (11) of subdivision (b) for the initial care plan due within 60 calendar days of appointment may be preliminary or based on estimates. If preliminary or estimated financial information is filed with the initial care plan, the conservator shall file final financial information in a final care plan within 10 days of the filing and delivery of the inventory and appraisal of the estate pursuant to Section 2610.

(2)

(3) (A) A care plan submitted filed pursuant to paragraph (1) paragraphs (1) and (2) shall be submitted to the court, delivered, pursuant to Section 1215, to the conservator of the estate, if a separate conservator is appointed, and that conservator’s attorney, the attorney for the conservator, the attorney for the conservatee, the conservatee, and the conservatee’s spouse or registered domestic partner and relatives within the first degree. If the conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the conservator shall submit deliver the care plan to the conservatee’s relatives within the second degree. degree, unless the court determines that the delivery will result in harm to the conservatee.
(B) Medical Confidential medical information in a care plan shall be redacted in the discretion of the court in compliance with applicable state and federal medical privacy laws before transmission to a spouse, registered domestic partner, or relative, as described in paragraph (1).
(b) The Judicial Council shall develop and adopt a mandatory form to be used in preparing the care plan required by subdivision (a). The form for a care plan shall include, but not be limited to, all of the following:
(1) A description of the current living arrangement for the conservatee and any plans to modify this living arrangement within the next 12 months.
(2) A description of the conservatee’s current level of care and any plans to modify the level of care within the next 12 months.
(3) A description of the status of the conservatee’s health that lists medications currently prescribed for the conservatee, or their use of medical and any medical treatments, supports, or devices.
(4) A description of the conservator’s schedule of visitation with the conservatee and actions to ensure the conservatee is able to exercise their rights to visitation and communications.
(5) A description of the normal activities of the conservatee, including outings and social and recreational activities.
(6) A description of any special problems raised by the court investigator, the court, or any other interested person, and a description of how the conservator has addressed or intends to address those problems.
(7) A description of the conservatee’s monthly income from all sources, and assets.

(7)

(8) A description of the conservatee’s financial needs, stating the conservatee’s estimated monthly income from all sources and estimated monthly expenses, including taxes, insurance, health care, food, entertainment, rent or mortgage, transportation, utilities, medication, clothing, and other relevant living expenses.

(8)A description

(9) A list of all health care providers who provide care for the conservatee and their activities. conservatee, including the provider’s name, contact information, license type and number, and a description of the treatment provided by each provider.

(9)

(10) A list of any assets that may are contemplated or planned to be sold within the next 12 months and the reason for that sale, if applicable.

(10)

(11) A description of any valuable assets personal property valued at more than five hundred dollars ($500) in the conservatee’s residence that need needs to be protected and what steps the conservator has taken or intends to take to protect those items from loss or theft, if applicable.
(c) The Judicial Council shall, by January 1, 2024, develop and adopt a mandatory form to be used in preparing the care plan required by subdivision (a) with, at a minimum, all of the information required by subdivision (b). The form may be combined with the information required to be submitted to the court by subdivision (c) of Section 2352.5.

(c)

(d) (1) If a conservator does not submit file a care plan as required by subdivision (a), the court shall may impose a civil penalty in any amount up to five one thousand dollars ($5,000), to be deposited into____, unless the court finds good cause to not impose a penalty. ($1,000), payable to the estate of the conservatee.
(2) If the conservator is a professional fiduciary, in addition to the civil penalty imposed pursuant to paragraph (1), the court may find a failure to submit file a care plan is a separate and independent ground for an administrative penalty or a suspension or revocation of the conservator’s license. reason to refer the conservator to the Professional Fiduciaries Bureau for investigation.
(3) The court may find that a conservator’s failure to timely submit a care plan pursuant to this section is a basis to remove the conservator. remove the conservator for failure to file a care plan as required by this section.

(d)The most recent care plan submitted pursuant to this section shall be included within the court investigator’s report.

(e) The care plan shall be confidential and shall be made available only as provided in this section. The court shall have discretion to release the care plan to other persons if it would serve the best interests of the conservatee. The clerk of the court shall make provision for limiting disclosure of the care plan exclusively to persons entitled thereto under this section.
(f) The court investigator shall review the most recent care plan when conducting an investigation pursuant to Section 1851.
(g) The requirement to file a care plan is effective January 1, 2024.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 2351.2 of the Probate Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The care plans required by this section contain information about a conservatee’s finances, assets, and health that could be used to harm people in a vulnerable population and should therefor not be released to the public.