John Laird
- Democratic
- Senator
- District 17
Author
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.
Chaptered by Secretary of State. Chapter 705, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2420.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 76. Noes 0. Page 2830.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended. (Ayes 73. Noes 0. Page 2680.)
Ordered to third reading.
From consent calendar on motion of Assembly Member Reyes.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 28).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 13).
June 6 hearing postponed by committee.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 849.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing April 10.
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.
Set for hearing March 28.
From printer. May be acted upon on or after March 4.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB280 | HTML |
| 02/01/23 - Introduced | |
| 06/14/23 - Amended Assembly | |
| 08/14/23 - Amended Assembly | |
| 09/08/23 - Enrolled | |
| 10/10/23 - Chaptered |
| Document | Format |
|---|---|
| 03/24/23- Senate Judiciary | |
| 04/14/23- Sen. Floor Analyses | |
| 06/09/23- Assembly Judiciary | |
| 06/26/23- Assembly Appropriations | |
| 07/05/23- ASSEMBLY FLOOR ANALYSIS | |
| 08/16/23- ASSEMBLY FLOOR ANALYSIS | |
| 08/31/23- Sen. Floor Analyses |
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