Council on Aging - Answers 2023 - 66

COUNCIL ON AGING - SOUTHERN CALIFORNIA
New Law Changes Conservatorships in California
In January 2023 AB1663 The Probate
Conservatorship Reform and Supported DecisionMaking
Act went into effect in California. This
new reform law introduced Supported DecisionMaking
(SDM) which protects the rights of those
with disabilities and older adults who are under
conservatorships. In short, this new law makes
it more difficult to obtain a conservatorship of
an individual and easier to end one. In addition,
SDM requires the court to exhaust every
alternative before a conservatorship is granted.
The original intent of conservatorships was to
protect disabled and older adults from various
types of abuse at the hands of family, friends and
others. Over the years it also became a conduit
for financial abuse. With the public fight to end
Brittney Spears' 13-year conservatorship from her
father came the recognition that there were many
loopholes and vague guidelines in California's
current conservatorship process that required
change. A judge would appoint a conservator who
then had the power to make all decisions for the
conserved - where they lived, how their money
could be spent, who they could associate with -
literally taking away that individual's autonomy to
make any decisions about any part of their life.
Supported Decision-Making allows the
proposed conservatee to retain some control over
and input into decisions made about their life. It
removes the lawyers and judges from deciding
these things, thereby allowing the proposed
conservatee to choose trusted individuals to help
make decisions about their health and finances
while giving them the opportunity to retain
control over their own lives as long as possible.
AB1663 has redefined conservatorships in
California with Supported Decision-Making
giving back an individual's basic right to make
decisions about their own life. With this new
legislation, all options must be exhausted making
conservatorships more difficult to get and the
very last resort.
Know Your
Resources to Support
Healthy Aging
Visit the Council on Aging at
Trust & Probate Administration
Trusteeships & Executorships
Powers of Attorney - Health & Financial
Bill Payment Services
California Licensed Professional Fiduciary
National Certified Guardian
Certified Senior Advisor
2 Executive Circle, Suite 175 * Irvine, CA 92614
www.coasc.org to learn about our
no-cost programs and services
to help you remain healthy,
connected, and protected. We also
provide helpful referrals to other
local agencies.
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Answers Guide 23/24
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Council on Aging - Answers 2023

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