SB 1016

Bill Subjects

Abstract

Existing law establishes procedures for the establishment of conservatorships of the person or of the estate, or both, as specified, or a limited conservatorship of the person or of the estate, or both, of an adult with a developmental disability. In any proceeding to establish a limited conservatorship, existing law requires the court to appoint the public defender or private counsel to represent a proposed limited conservatee if that person has not retained legal counsel and does not plan to retain legal counsel. This bill would require appointed counsel for a proposed limited conservatee to advocate for the expressed interests, as defined, of the proposed limited conservatee, and would authorize counsel to consult with any other person knowledgeable regarding the proposed limited conservatee to assist in interpreting the expressed interests of the proposed limited conservatee. The bill would restrict the appointment of a conservator of the person for a person with a developmental disability to a limited conservatorship. Existing law requires the court, at the hearing on the petition for appointment of a limited conservator for an adult alleged to have a developmental disability, to, among other things, inquire into the nature and extent of the general intellectual functioning of the individual alleged to be developmentally disabled and ascertain their capacity to care for themselves and their property. The bill would also require the court to inquire as to whether less restrictive alternatives to conservatorship have been considered or attempted, and if attempted, for how long, and have petitioner state on the record any reasons why less restrictive alternatives have not been considered or attempted or are not appropriate.