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
- Articles and Research:
- Suzanne M. Francisco with Jonathan G. Martinis, Esq., “Supported Decision-Making Teams: Setting the Wheels in Motion,”
Link: www.supporteddecisionmaking.org/sites/default/files/Supported-Decision-Making-Teams-Setting-the-Wheels-in-Motion.pdf - Saks Institute Pilot Study – Supported Decision-Making: Giving Mental Health a Voice
Link: www.thebatterysf.com/batterypowered/givingproject/the-saks-institute-for-mental-health-law-policy-ethics - Coalition for Compassionate Care of California: Whitepaper on Supported Decision-Making and End-of-Life Planning
Link: https://coalitionccc.org/CCCC/Blog/Thinking-Ahead-Matters-CCCC-Releases-White-Paper
- Suzanne M. Francisco with Jonathan G. Martinis, Esq., “Supported Decision-Making Teams: Setting the Wheels in Motion,”
- Resources and Tools:
- Suzanne M. Francisco with Jonathan G. Martinis, Esq., “Supported Decision-Making Teams: Setting the Wheels in Motion,”
Link: www.supporteddecisionmaking.org/sites/default/files/Supported-Decision-Making-Teams-Setting-the-Wheels-in-Motion.pdf - ACLU Supported Decision-Making Resource Library
Link: www.aclu.org/other/supported-decision-making-resource-library - ACLU and Quality Trust, “Supported Decision-Making: Frequently Asked Questions,”
Link: www.supporteddecisionmaking.org/node/389 - Disability Voices United: Supported Decision-Making Handbook for Parents
Link: disabilityvoicesunited.org/supported-decision-making/ - Supported Decision-Making Training Videos
Link: https://thearcca.org/info-resources/supported-decision-making/
- Suzanne M. Francisco with Jonathan G. Martinis, Esq., “Supported Decision-Making Teams: Setting the Wheels in Motion,”
- Websites:
- Introduction to SDM and other information
Source: UC Davis Mind Institute
Link: health.ucdavis.edu/mindinstitute/centers/cedd/sdm.html - CAPTAIN (California Autism Professional Training and Information Network)
Link: www.captain.ca.gov/index.html- Why Consider SDM?
Link: https://www.captain.ca.gov/search.html?cx=007899273231353282595%3Aawww5ccj_fk&cof=FORID%3A11&ie=UTF-8&q=supported+decision+making&sa - SDM PowerPoint
Link: www.captain.ca.gov/documents/handouts/2017/STEVE%20RUDER%20PPT%20BREAKOU%20HANDOUTS.pdf
- Why Consider SDM?
- Introduction to SDM and other information
Information Last Updated: April 10, 2023