| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1525Introduced by Committee on Judiciary (Assembly Members Kalra (Chair), Bauer-Kahan, Bryan, Connolly, Harabedian, Pacheco, Papan, Stefani, and Zbur)March 18, 2025 An act to amend Section 2352.5 of the Probate Code, relating to conservatorships.LEGISLATIVE COUNSEL'S DIGESTAB 1525, as introduced, Committee on Judiciary. Duties of a limited conservator. Existing law generally provides for the establishment, review, and termination of conservatorships. Existing law specifies the persons who may be appointed as a conservator and sets forth their powers and duties, including filing a care plan for the care, custody, and control of a conservatee. Existing law requires a conservator, upon appointment, to determine the appropriate level of care for the conservatee and to make that determination in the care plan. Existing law requires a conservator to evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care.This bill would exempt a limited conservator appointed for a developmentally disabled adult from the above-described requirements relating to determining the level of care if the limited conservator is a relative within the first degree of the conservatee.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2352.5 of the Probate Code is amended to read:2352.5. (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from the conservatees personal residence is appropriate, that presumption may be overcome by clear and convincing evidence.(b) Upon appointment, the conservator shall determine the appropriate level of care for the conservatee.(1) That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in their personal residence.(2) If the conservatee is living at a location other than the conservatees personal residence at the commencement of the proceeding, that determination shall either include a plan to return the conservatee to their personal residence or an explanation of the limitations or restrictions on a return of the conservatee to their personal residence in the foreseeable future.(c) The determination made by the conservator pursuant to subdivision (b) shall be included in the care plan as required by Section 2351.2.(d) The conservator shall evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care.(e) (1) This section shall not apply to a conservatee with developmental disabilities for whom the Director of Developmental Services or a regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator and who receives services from a regional center pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).(2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code.(f) Subdivisions (b) to (d), inclusive, do 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. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1525Introduced by Committee on Judiciary (Assembly Members Kalra (Chair), Bauer-Kahan, Bryan, Connolly, Harabedian, Pacheco, Papan, Stefani, and Zbur)March 18, 2025 An act to amend Section 2352.5 of the Probate Code, relating to conservatorships.LEGISLATIVE COUNSEL'S DIGESTAB 1525, as introduced, Committee on Judiciary. Duties of a limited conservator. Existing law generally provides for the establishment, review, and termination of conservatorships. Existing law specifies the persons who may be appointed as a conservator and sets forth their powers and duties, including filing a care plan for the care, custody, and control of a conservatee. Existing law requires a conservator, upon appointment, to determine the appropriate level of care for the conservatee and to make that determination in the care plan. Existing law requires a conservator to evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care.This bill would exempt a limited conservator appointed for a developmentally disabled adult from the above-described requirements relating to determining the level of care if the limited conservator is a relative within the first degree of the conservatee.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 1525 |
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| 15 | 15 | | Introduced by Committee on Judiciary (Assembly Members Kalra (Chair), Bauer-Kahan, Bryan, Connolly, Harabedian, Pacheco, Papan, Stefani, and Zbur)March 18, 2025 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Committee on Judiciary (Assembly Members Kalra (Chair), Bauer-Kahan, Bryan, Connolly, Harabedian, Pacheco, Papan, Stefani, and Zbur) |
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| 18 | 18 | | March 18, 2025 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 2352.5 of the Probate Code, relating to conservatorships. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 1525, as introduced, Committee on Judiciary. Duties of a limited conservator. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law generally provides for the establishment, review, and termination of conservatorships. Existing law specifies the persons who may be appointed as a conservator and sets forth their powers and duties, including filing a care plan for the care, custody, and control of a conservatee. Existing law requires a conservator, upon appointment, to determine the appropriate level of care for the conservatee and to make that determination in the care plan. Existing law requires a conservator to evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care.This bill would exempt a limited conservator appointed for a developmentally disabled adult from the above-described requirements relating to determining the level of care if the limited conservator is a relative within the first degree of the conservatee. |
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| 30 | 30 | | Existing law generally provides for the establishment, review, and termination of conservatorships. Existing law specifies the persons who may be appointed as a conservator and sets forth their powers and duties, including filing a care plan for the care, custody, and control of a conservatee. Existing law requires a conservator, upon appointment, to determine the appropriate level of care for the conservatee and to make that determination in the care plan. Existing law requires a conservator to evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care. |
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| 32 | 32 | | This bill would exempt a limited conservator appointed for a developmentally disabled adult from the above-described requirements relating to determining the level of care if the limited conservator is a relative within the first degree of the conservatee. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 2352.5 of the Probate Code is amended to read:2352.5. (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from the conservatees personal residence is appropriate, that presumption may be overcome by clear and convincing evidence.(b) Upon appointment, the conservator shall determine the appropriate level of care for the conservatee.(1) That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in their personal residence.(2) If the conservatee is living at a location other than the conservatees personal residence at the commencement of the proceeding, that determination shall either include a plan to return the conservatee to their personal residence or an explanation of the limitations or restrictions on a return of the conservatee to their personal residence in the foreseeable future.(c) The determination made by the conservator pursuant to subdivision (b) shall be included in the care plan as required by Section 2351.2.(d) The conservator shall evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care.(e) (1) This section shall not apply to a conservatee with developmental disabilities for whom the Director of Developmental Services or a regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator and who receives services from a regional center pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).(2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code.(f) Subdivisions (b) to (d), inclusive, do 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. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 2352.5 of the Probate Code is amended to read:2352.5. (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from the conservatees personal residence is appropriate, that presumption may be overcome by clear and convincing evidence.(b) Upon appointment, the conservator shall determine the appropriate level of care for the conservatee.(1) That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in their personal residence.(2) If the conservatee is living at a location other than the conservatees personal residence at the commencement of the proceeding, that determination shall either include a plan to return the conservatee to their personal residence or an explanation of the limitations or restrictions on a return of the conservatee to their personal residence in the foreseeable future.(c) The determination made by the conservator pursuant to subdivision (b) shall be included in the care plan as required by Section 2351.2.(d) The conservator shall evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care.(e) (1) This section shall not apply to a conservatee with developmental disabilities for whom the Director of Developmental Services or a regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator and who receives services from a regional center pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).(2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code.(f) Subdivisions (b) to (d), inclusive, do 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. |
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| 46 | 46 | | SECTION 1. Section 2352.5 of the Probate Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 49 | 49 | | |
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| 50 | 50 | | 2352.5. (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from the conservatees personal residence is appropriate, that presumption may be overcome by clear and convincing evidence.(b) Upon appointment, the conservator shall determine the appropriate level of care for the conservatee.(1) That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in their personal residence.(2) If the conservatee is living at a location other than the conservatees personal residence at the commencement of the proceeding, that determination shall either include a plan to return the conservatee to their personal residence or an explanation of the limitations or restrictions on a return of the conservatee to their personal residence in the foreseeable future.(c) The determination made by the conservator pursuant to subdivision (b) shall be included in the care plan as required by Section 2351.2.(d) The conservator shall evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care.(e) (1) This section shall not apply to a conservatee with developmental disabilities for whom the Director of Developmental Services or a regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator and who receives services from a regional center pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).(2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code.(f) Subdivisions (b) to (d), inclusive, do 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. |
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| 52 | 52 | | 2352.5. (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from the conservatees personal residence is appropriate, that presumption may be overcome by clear and convincing evidence.(b) Upon appointment, the conservator shall determine the appropriate level of care for the conservatee.(1) That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in their personal residence.(2) If the conservatee is living at a location other than the conservatees personal residence at the commencement of the proceeding, that determination shall either include a plan to return the conservatee to their personal residence or an explanation of the limitations or restrictions on a return of the conservatee to their personal residence in the foreseeable future.(c) The determination made by the conservator pursuant to subdivision (b) shall be included in the care plan as required by Section 2351.2.(d) The conservator shall evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care.(e) (1) This section shall not apply to a conservatee with developmental disabilities for whom the Director of Developmental Services or a regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator and who receives services from a regional center pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).(2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code.(f) Subdivisions (b) to (d), inclusive, do 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. |
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| 54 | 54 | | 2352.5. (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from the conservatees personal residence is appropriate, that presumption may be overcome by clear and convincing evidence.(b) Upon appointment, the conservator shall determine the appropriate level of care for the conservatee.(1) That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in their personal residence.(2) If the conservatee is living at a location other than the conservatees personal residence at the commencement of the proceeding, that determination shall either include a plan to return the conservatee to their personal residence or an explanation of the limitations or restrictions on a return of the conservatee to their personal residence in the foreseeable future.(c) The determination made by the conservator pursuant to subdivision (b) shall be included in the care plan as required by Section 2351.2.(d) The conservator shall evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care.(e) (1) This section shall not apply to a conservatee with developmental disabilities for whom the Director of Developmental Services or a regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator and who receives services from a regional center pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).(2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code.(f) Subdivisions (b) to (d), inclusive, do 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. |
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| 58 | 58 | | 2352.5. (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from the conservatees personal residence is appropriate, that presumption may be overcome by clear and convincing evidence. |
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| 59 | 59 | | |
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| 60 | 60 | | (b) Upon appointment, the conservator shall determine the appropriate level of care for the conservatee. |
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| 62 | 62 | | (1) That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in their personal residence. |
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| 64 | 64 | | (2) If the conservatee is living at a location other than the conservatees personal residence at the commencement of the proceeding, that determination shall either include a plan to return the conservatee to their personal residence or an explanation of the limitations or restrictions on a return of the conservatee to their personal residence in the foreseeable future. |
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| 66 | 66 | | (c) The determination made by the conservator pursuant to subdivision (b) shall be included in the care plan as required by Section 2351.2. |
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| 67 | 67 | | |
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| 68 | 68 | | (d) The conservator shall evaluate the conservatees placement and level of care if there is a material change in circumstances affecting the conservatees needs for placement and care. |
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| 70 | 70 | | (e) (1) This section shall not apply to a conservatee with developmental disabilities for whom the Director of Developmental Services or a regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator and who receives services from a regional center pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). |
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| 72 | 72 | | (2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code. |
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| 73 | 73 | | |
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| 74 | 74 | | (f) Subdivisions (b) to (d), inclusive, do 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. |
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