California Welfare and Institutions Code 21002 – (a) A supporter is bound by all existing obligations and …
(a) A supporter is bound by all existing obligations and prohibitions otherwise applicable by law that protect adults with disabilities and the elderly from fraud, abuse, neglect, coercion, or mistreatment. This division does not limit a supporter’s civil or criminal liability for prohibited conduct against the adult with a disability, including liability for fraud, abuse, neglect, breach of fiduciary duty, if any exists, coercion, or mistreatment, including liability under the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9), including, but not limited to, Sections 15656 and 15657.
(b) An individual shall not be selected as a supporter or continue as a supporter of an adult with a disability in any of the following circumstances:
Terms Used In California Welfare and Institutions Code 21002
- Allegation: something that someone says happened.
- Dependent: A person dependent for support upon another.
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
(1) The adult with a disability previously made, or makes, an allegation against the supporter under the Elder Abuse and Dependent Adult Civil Protection Act.
(2) The adult with a disability has obtained, or obtains, an order of protection from abuse against the supporter.
(3) The supporter is the subject of a civil or criminal order prohibiting contact with the adult with the disability, or is subject to a restraining order with respect to the adult with a disability.
(4) The supporter has been removed as the conservator of the adult with a disability, based upon a finding that they did not act in the conservatee’s best interest.
(5) The supporter is found criminally, civilly, or administratively liable for abuse, neglect, mistreatment, coercion, or fraud.
(c) A supporter shall do all of the following:
(1) Support and implement the direction, will, and preferences of the adult with a disability.
(2) Respect the values, beliefs, and preferences of the adult with a disability.
(3) Act honestly, diligently, and in good faith.
(4) Act within the scope identified by the adult with a disability.
(5) Maintain confidentiality of any information obtained by a supporter, unless the adult with a disability specifically authorizes its disclosure.
(d) (1) A supporter shall not coerce an adult with a disability.
(2) Unless the supporter has a valid legal authorization to do so and the action is within the scope of their authority, a supporter shall not do either of the following:
(A) Make decisions for, or on behalf of, the adult with a disability.
(B) Sign documents on behalf of the adult with a disability.
(3) A supporter shall not obtain information not reasonably related to matters with which the adult with a disability has requested assistance, and shall not use or disclose information for any purpose other than supporting the adult with a disability.
(4) A supporter shall not participate in any life decision in which they have a conflict of interest. This includes, but is not limited to, any decision in which the supporter has a financial or other tangible stake in the outcome.
(Added by Stats. 2022, Ch. 894, Sec. 16. (AB 1663) Effective January 1, 2023.)