California’s legislature has passed supported decision-making legislation, which is awaiting signature by the governor. We have not located any case law specifically recognizing supported decision-making, but it may still be required as a less restrictive alternative to guardianship.
- A.B. 1663, 2022 Reg. Sess. (Cal. 2022)
- Description: The bill would establish a supported decisionmaking process for adults with disabilities. The bill would define “supported decisionmaking” as an individualized arrangement in which an adult with a disability chooses one or more trusted supporters to help them understand, make, communicate, implement, or act on, their own choices. The bill would authorize an adult with a disability to request and have present one or more adults, including supporters, in any meeting or communication. The bill would set forth the duties of supporters.
- An act to amend Sections 416.9, 416.17, and 416.19 of the Health and Safety Code, and to amend Sections 1800, 1800.3, 1812, 1821, 1835, 1850, 1860.5, 1863, and 2113 of, to add Sections 1835.5, 1836, and 1861.5 to, and to add Part 10 (commencing with Section 3950) to Division 4 of, the Probate Code, relating to protective proceedings, and making an appropriation therefor.
- Status: Passed on August 30, 2022. Awaiting signature by Governor.
- Public Link: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1663
- S.B. 1016, 2019 Reg. Sess. (Cal. 2019)
- Description: Requires an 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 such expressed interests. Requires the court to inquire as to whether less restrictive alternatives to conservatorship have been considered or attempted.
- Status: Failed – Died in Senate Committee, 11/30/2020
- Public Link: http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1016
- Article and Tools: Suzanne M. Francisco with Jonathan G. Martinis, Esq., “Supported Decision-Making Teams: Setting the Wheels in Motion,”
- ACLU Supported Decision-Making Resource Library
- Guide: Developed by ACLU and Quality Trust, “Supported Decision-Making: Frequently Asked Questions,”
- Website: Introduction to SDM and other information
Source: UC Davis Mind Institute
- Website: Saks Institute Pilot Study – Supported Decision-Making: Giving Mental Health a Voice
- Supported Decision-Making Training Videos
- Resource: Disability Voices United: Supported Decision-Making Handbook for Parents
- Publication: Coalition for Compassionate Care of California: Whitepaper on Supported Decision-Making and End-of-Life Planning
- Website: CAPTAIN (California Autism Professional Training and Information Network)
Information Last Updated: July 21, 2022