California
Overview
California’s legislature has passed supported decision-making legislation. 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.
Guardianship Laws
Cal. Prob. Code §§ 1400 to 1490; 1800 to 1970; 2100 to 2893; 2900 to 2955; Cal. Health & Safety Code § 416 to 416.23 (conservatorship and guardianship for individuals with developmental disabilities)
Supported Decision-Making
State Legislation
- A.B. 1663, 2022 Reg. Sess. (Cal. 2022)
- Description: This law establishes a supported decisionmaking process for adults with disabilities. It defines “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 law authorizes an adult with a disability to request and have present one or more adults, including supporters, in any meeting or communication. It also sets forth the duties of supporters.
- Status: Signed by Governor, Sept. 30, 2022
- Ca. Welf & Inst Code § 21000-21008
- Description: Codifies supported decision-making, enabling disabled persons to pursue less-restrictive alternatives to guardianship and conservatorship.
- Status: Effective January 1, 2023
- Rule 7.1103 in CA Probate and Mental Health Court
- Description: Requires information about less restrictive alternatives to conservatorship, including supported decision making, be provided to attorneys representing a conservatee, proposed conservatee, or person alleged to lack legal capacity to make decisions. Lanterman Act enacted in 1977 does not speak to SDM specifically but follows the same principles, extending regional center network of services for people with IDD to promote an independent life.
- Effective Effective Jan. 1, 2024
None found.
- 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
Case Law & Court Orders
None found
State Grant Programs
2024 State Grantor: California State Council on Developmental Disabilities
Summary: California State Council on Developmental Disabilities SDM-TAP Grants total 3M in July 2024 to 5 organizations identified in 2023 to adress lack of knowledge about SDM in individuals with IDD and professionals who work with them. 1) Disability Voices United grant includes SDM training for 10,000 people and spread social media campaigns about SDM to 25,000 individuals 2) Family Resource Navigators focuses on engaging non-English speaking communities and an African American Navigator to spread awareness of SDM in those communities 3) PRAGNYA provides in depth coaching to 50 individuals to craft SDMA’s 4) CPCIDD uses funds to address concerns from professionals regarding honoring SDM in legal and financial sectors using trainings throughout the state 5) CSU East Bay creates CEC credits for professionals who work with individuals with IDD to understand implementation of SDM, credits are free for grant period and will be offered at minimal free starting Jan. 1, 2025
Other Resources
- Articles and Research:
- Suzanne M. Francisco with Jonathan G. Martinis, Esq., “Supported Decision-Making Teams: Setting the Wheels in Motion,”
- Saks Institute Pilot Study – Supported Decision-Making: Giving Mental Health a Voice
- Coalition for Compassionate Care of California: Whitepaper on Supported Decision-Making and End-of-Life Planning
- Resources and Tools:
- ACLU Supported Decision-Making Resource Library
- ACLU and Quality Trust, “Supported Decision-Making: Frequently Asked Questions,”
- Disability Voices United: Supported Decision-Making Handbook for Parents
- Supported Decision-Making Handbook for Parents of Adults with Developmental Disabilities in California (November 2020)
- Supported Decision Bootcamp – The ARC California: Training Videos and Materials
- Websites:
Information Last Updated: January 24, 2024