(a) (1) Within 120 calendar days of appointment by the court and no later than 10 days before a hearing to determine the continuation or termination of an existing conservatorship, a conservator granted powers under this chapter shall file with the clerk of the court a care plan for the care, custody, and control of the conservatee as provided in this section. The court may require a conservator to update the care plan at any time. The court shall review the most recent care plan in determining the continuation or termination of the conservatorship.

(2) (A) The conservator shall deliver, pursuant to Section 1215, a copy of any care plan filed pursuant to paragraph (1) to the conservator of the estate, if a separate conservator is appointed, and that conservator’s attorney, the attorney for the conservator, the attorney for the conservatee, and the conservatee. The conservator shall also deliver a copy of the care plan to the conservatee’s spouse or registered domestic partner and relatives within the first degree unless the court determines that delivery of the care plan will result in harm to the conservatee. If the conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the conservator shall deliver the care plan to the conservatee’s relatives within the second degree, unless the court determines that the delivery of the care plan will result in harm to the conservatee.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(B) Confidential medical information in a care plan shall be redacted in compliance with applicable state and federal medical privacy laws before transmission to a spouse, registered domestic partner, or relative, as described in paragraph (1).

(b) The care plan shall include, but not be limited to, all of the following:

(1) A description of the current living arrangement for the conservatee and any plans to modify this living arrangement within the next 12 months.

(2) A description of the conservatee’s current level of care and any plans to modify the level of care within the next 12 months.

(3) A description of the status of the conservatee’s health that lists medications currently prescribed for the conservatee, and any medical treatments, supports, or devices.

(4) A description of the conservator’s schedule of visitation with the conservatee and actions to ensure the conservatee is able to exercise their rights to visitation and communications.

(5) A description of the normal activities of the conservatee, including outings and social and recreational activities.

(6) A description of any special problems raised by the court investigator, the court, or any other interested person, and a description of how the conservator has addressed or intends to address those problems.

(7) A description of the conservatee’s financial needs, stating the conservatee’s estimated monthly expenses, including food, entertainment, rent or mortgage, transportation, utilities, medication, clothing, and other relevant health care and living expenses, to the extent the conservator has that information.

(8) A list of all health care providers who provide care for the conservatee, including the provider’s name, contact information, license type and number, and a description of the treatment provided by each provider.

(c) The Judicial Council shall, by January 1, 2025, develop and adopt a mandatory form to be used in preparing the care plan required by subdivision (a) with, at a minimum, all of the information required by subdivision (b). The form shall be combined with the information or form required to be submitted to the court by subdivision (c) of Section 2352.5.

(d) (1) If a conservator does not file a care plan as required by subdivision (a), the court may impose a civil penalty in any amount up to five hundred dollars ($500), payable to the estate of the conservatee.

(2) If the conservator is a professional fiduciary, in addition to the civil penalty imposed pursuant to paragraph (1), the court may find a failure to file a care plan is a separate and independent reason to refer the conservator to the Professional Fiduciaries Bureau for investigation.

(3) The court may remove the conservator for failure to file a care plan as required by this section.

(e) The care plan shall be confidential and shall be made available only as provided in this section. The court shall have discretion to release the care plan to other persons if it would serve the best interests of the conservatee. The clerk of the court shall make provision for limiting disclosure of the care plan exclusively to persons entitled thereto under this section.

(f) The court investigator shall review the most recent care plan when conducting an investigation pursuant to Section 1851.

(g) The requirement to file a care plan is effective January 1, 2025.

(h) This section does not apply to a limited conservator appointed for a developmentally disabled adult, as set forth in subdivision (d) of Section 1801, if the limited conservator is a relative within the first degree of the conservatee.

(Added by Stats. 2023, Ch. 705, Sec. 1. (SB 280) Effective January 1, 2024.)