20250AB__110596AMD INTRODUCED 2025-02-20 AMENDED_ASSEMBLY 2025-04-02 AMENDED_SENATE 2025-05-20 AMENDED_SENATE 2025-07-03 2025 AB AMD Introduced by Assembly Member Quirk-Silva (Coauthors: Assembly Members Alanis and Macedo) (Coauthor: Senator Ochoa Bogh) LEAD_AUTHOR ASSEMBLY Quirk-Silva COAUTHOR ASSEMBLY Alanis COAUTHOR ASSEMBLY Macedo COAUTHOR SENATE Ochoa Bogh

An act to amend

Section 2356.5 of the Probate Code, relating to conservatorships. conservatorships Conservatorships. Existing law, the Guardianship-Conservatorship Law, generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. Existing law authorizes a conservator to authorize the placement of a conservatee in a secured perimeter residential care facility for the elderly upon a court making specific findings.

This bill would also authorize a conservator to authorize the placement of a conservatee in a residential facility, an intermediate care facility, or a skilled nursing facility, as defined, that has a secured perimeter, a delayed egress device, or both a secured perimeter and a delayed egress device, as specified. The bill would require court approval for a subsequent placement of a conservatee in a different facility if specific regulations have not been promulgated for the type of facility to which the conservator is seeking to move the conservatee.

The bill would require the State Department of Social Services and the State Department of Public Health to update their regulations related to these provisions, including, among other things, to create regulations to protect the rights, health, and safety of residents, by January 1, 2027, and would authorize those departments to promulgate emergency regulations prior to that date. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 2356.5 of the Probate Code is amended to read: 2356.5. (

a) The Legislature hereby finds and declares all of the following:

(1) That a person with a major neurocognitive disorder, as defined in the last published edition of the Diagnostic and Statistical Manual of Mental Disorders, should have a conservatorship to serve the person’s unique and special needs.

(2) That, by adding powers to the probate conservatorship for people with major neurocognitive disorders, their unique and special needs can be met. This will reduce costs to the conservatee and the family of the conservatee, reduce costly administration by state and county government, and safeguard the basic dignity and rights of the conservatee.

(3) That it is the intent of the Legislature to recognize that the administration of psychotropic medications has been, and can be, abused by caregivers and, therefore, granting powers to a conservator to authorize these medications for the treatment of major neurocognitive disorders requires the protections specified in this section. (b)

(1) Notwithstanding any other law, a conservator may authorize the placement of a conservatee in a facility that uses a secured perimeter, a delayed egress device, or both a secured perimeter and a delayed egress device and that is one of the following facility types: (

A) A residential care facility for the elderly, as defined in

Section 1569.2 of the Health and Safety Code, that has a care plan that meets the requirements of

Section of Title of the California Code of Regulations. (

B) A residential facility as defined in

Section of the Health and Safety Code. (

C) An intermediate care facility as defined in

Section of the Health and Safety Code. (

D) A skilled nursing facility as defined in

Section of the Health and Safety Code.

(2) The placement of a conservatee in a facility described in paragraph (1) shall be authorized only upon a court’s finding, by clear and convincing evidence, of all of the following: (

A) The conservatee has a major neurocognitive disorder, as defined in the last published edition of the Diagnostic and Statistical Manual of Mental Disorders. (

B) The conservatee lacks the capacity to give informed consent to this placement and has at least one mental function deficit pursuant to subdivision (

a) of

Section 811, and this deficit significantly impairs the person’s ability to understand and appreciate the consequences of their actions pursuant to subdivision (

b) of

Section 811. (

C) The conservatee needs, or would benefit from, a restricted and secured environment, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (g). (

D) The proposed placement is the least restrictive placement appropriate to the needs of the conservatee. (c)

(1) Subject to paragraph (2), if the court has authorized the placement of a conservatee in a facility pursuant to paragraph (2) of subdivision (b), a subsequent placement of the conservatee in a different facility of any type described in paragraph (1) of subdivision (

b) shall be considered a change in residence. (c)<xhtml:span class="EnSpace"/>(1)</xhtml:p>"?>

(2) If the court has authorized the placement of a conservatee in a facility pursuant to paragraph (2) of subdivision (b), a subsequent placement of the conservatee in a different facility described in paragraph (1) of subdivision (

b) shall require court approval before the change of placement if the regulations described in subparagraph (

B) of paragraph (1) of subdivision (

m) have not been promulgated for the type of facility to which the conservator is seeking to move the conservatee. (2)<xhtml:span class="EnSpace"/>In an emergency, the conservator shall follow the applicable procedures set forth in subdivision (

c) of

Section 2354, subject to the limitations in

Section 2356.</xhtml:p>"?> (

d) Notwithstanding any other law, a conservator of a person may authorize the administration of medications appropriate for the care and treatment of a major neurocognitive disorder, upon a court’s finding, by clear and convincing evidence, of all of the following:

(1) The conservatee has a major neurocognitive disorder, as defined in the last published edition of the Diagnostic and Statistical Manual of Mental Disorders.

(2) The conservatee lacks the capacity to give informed consent to the administration of medications appropriate to the care of a major neurocognitive disorder, has at least one mental function deficit pursuant to subdivision (

a) of

Section 811, and this deficit or deficits significantly impairs the person’s ability to understand and appreciate the consequences of their actions pursuant to subdivision (

b) of

Section 811.

(3) The conservatee needs, or would benefit from, appropriate medication, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (g). (

e) Pursuant to subdivision (

b) of

Section 2355, in the case of a person who is an adherent of a religion whose tenets and practices call for a reliance on prayer alone for healing, the treatment required by the conservator under subdivision (

d) shall be by an accredited practitioner of that religion in lieu of the administration of medications. (

f) A conservatee who is to be placed in a facility pursuant to this

section shall not be placed in a mental health rehabilitation center, as described in

Section of the Welfare and Institutions Code, or in an institution for mental disease as described in

Section of the Welfare and Institutions Code. (

g) A petition for authority to act under this

section is governed by

Section 2357, except as follows:

(1) The conservatee shall be represented by an attorney pursuant to

Chapter 4 (commencing with

Section 1470) of

Part 1. Upon granting or denying authority to a conservator under this section, the court shall discharge the attorney or order the continuation of the legal representation, consistent with the standard set forth in subdivision (

a) of

Section 1470.

(2) The conservatee shall be produced at the hearing, unless excused pursuant to

Section 1893.

(3) The petition shall be supported by a declaration of a licensed physician, or a licensed psychologist within the scope of their licensure, regarding each of the findings required to be made under this

section for any power requested, except that the psychologist has at least two years of experience in diagnosing major neurocognitive disorders.

(4) The petition may be filed by a person designated in

Section 1891. (

h) The court investigator shall annually investigate and report to the court pursuant to Sections and if the conservator is authorized to act under this section. In addition to the other matters provided in

Section 1851, the conservatee shall be specifically advised by the investigator that the conservatee has the right to object to the conservator’s powers granted under this section, and the report shall also include whether powers granted under this

section are warranted. If the conservatee objects to the conservator’s powers granted under this section, or the investigator determines that some change in the powers granted under this

section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If an attorney has not been appointed for the conservatee, one shall be appointed pursuant to

Chapter 4 (commencing with

Section 1470) of

Part 1. The attorney shall, within days after receiving this report, do either of the following:

(1) File a petition with the court regarding the status of the conservatee.

(2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate. (

i) A petition to terminate authority granted under this

section shall be governed by

Section 2359. (

j) This

section does not affect a conservatorship of the estate of a person who has a major neurocognitive disorder. (

k) This

section does not affect the laws that would otherwise apply in an emergency situation. (

l) This

section does not affect current law regarding the power of a probate court to fix the residence of a conservatee or to authorize medical treatment for a conservatee who has not been determined to have a major neurocognitive disorder. (m)

(1) By January 1, 2027, the State Department of Social Services and the State Department of Public Health shall coordinate an update to their regulations, including

Section of Title of the California Code of Regulations, to do both of the following: (

A) Expand its applicability to all forms of major neurocognitive disorders. (

B) Create consistent regulations, including regulations to protect the rights, health, and safety of residents, for all of the following facility types that utilize a secured perimeter, delayed egress device, or both a secured perimeter and delayed egress device: (

i) A residential facility as defined in

Section of the Health and Safety Code. (ii) An intermediate care facility as defined in

Section of the Health and Safety Code. (iii) A skilled nursing facility as defined in

Section of the Health and Safety Code.

(2) The State Department of Social Services and the State Department of Public Health may promulgate emergency regulations prior to January 1, 2027.