California

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
    • Public Link: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1663

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
    • Public Link: http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1016

Case Law & Court Orders

None found

State Grant Programs

None awarded

Other Resources

Information Last Updated: April 10, 2023