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



Current Version: 04/27/21 - Amended Senate         Compare Versions information image


SB602:v96#DOCUMENT

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 would require a conservator, within 30 days of appointment and within 30 days before a hearing to determine the continuation or termination of an existing conservatorship, to submit a care plan to specified persons regarding the care, custody, and control of the conservatee. The bill would require the Judicial Council to develop a 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 a care plan, including requiring 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. The bill would require 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.
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 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 a care plan for the care, custody, and control of the conservatee using the mandatory form developed pursuant to subdivision (b). 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) (A) A care plan submitted pursuant to paragraph (1) shall be submitted to the court, 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 the care plan to the conservatee’s relatives within the second degree.
(B) 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 devices.
(4) A description of the conservator’s schedule of visitation with the conservatee and visitation schedules of the conservatee with the conservatee’s family and friends, including an assessment of the value of those visits or their effects on the conservatee’s well-being. 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 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 of all health care providers who provide care for the conservatee and their activities.
(9) A list of any assets that may be sold within the next 12 months and the reason for that sale. sale, if applicable.
(10) A description of any valuable assets in the conservatee’s residence that need to be protected and what steps the conservator has taken or intends to take to protect those items from loss or theft. theft, if applicable.
(c) (1) If a conservator does not submit a care plan as required by subdivision (a), the court shall impose a civil penalty in any amount up to five thousand dollars ($5,000), to be deposited into____, unless the court finds good cause to not impose a penalty.
(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 a care plan is a separate and independent ground for an administrative penalty or a suspension or revocation of the conservator’s license.
(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.
(d) The most recent care plan submitted pursuant to this section shall be included within the court investigator’s report.