California Probate Code 1836 – (a) Upon appropriation by the Legislature, the Judicial Council …
(a) Upon appropriation by the Legislature, the Judicial Council shall establish a conservatorship alternatives program within each self-help center in every state Superior Court.
(b) The purposes of the conservatorship alternatives program are:
Terms Used In California Probate Code 1836
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Conservatee: includes a limited conservatee. See California Probate Code 29
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
(1) To provide information relating to less restrictive alternatives to conservatorship, including, but not limited to, supported decisionmaking agreements, as defined in § 21001 of the Welfare and Institutions Code, to interested individuals.
(2) To educate interested individuals on less restrictive alternatives to conservatorship that may be appropriate, and to provide assistance in considering and implementing those alternatives.
(c) Each court’s conservatorship alternatives program shall include staff who provide information and resources to interested individuals about less restrictive alternatives to conservatorship.
(d) The conservatorship alternatives program shall operate as follows:
(1) Any interested individual who contacts a superior court self-help center to inquire about conservatorship proceedings or to request documents to petition for a conservatorship shall be advised of the conservatorship alternatives program.
(2) The conservatorship alternatives program shall be a component of each superior court’s self-help center.
(3) Conservatorship alternatives program staff shall be trained in less restrictive alternatives to conservatorship and shall be available to meet, through in-person or remote means, with interested individuals to provide education and resources on supported decisionmaking agreements and other less restrictive alternatives to conservatorship, and to provide resources to assist people who wish to implement or establish those alternatives.
(4) Conservatorship alternatives program staff shall be able to provide the following to interested individuals:
(A) Practical resources, information, and documents to establish and implement alternatives to conservatorship, including powers of attorney, advance health care directives, and supported decisionmaking agreements.
(B) Technical support and education on these alternatives, including assistance in filling out any associated paperwork and in understanding these alternatives.
(5) Interactions or communication with the CAP Program shall not be used as evidence of incapacity or introduced for any other reason in a conservatorship proceeding under this division unless introduced by the conservatee or proposed conservatee.
(Added by Stats. 2022, Ch. 894, Sec. 10. (AB 1663) Effective January 1, 2023.)