AB 1663 and Conservatorships
AB 1663 is about probate conservatorships, not LPS conservatorships
AB 1663 does not make changes to or affect any part of LPS conservatorships – it is only about probate conservatorships.
The bill does not change existing probate conservatorships. It does, however, require that conservators involve and inform their conservatees, to the greatest extent possible, in decisions they have made and to respect and consider the wishes of a person under conservatorship.
For many people already in probate conservatorships, the bill will not make big changes. That’s because many families and conservators are already doing the kinds of things the bill requires. For example, some conservators are already including the conservatee in decisions, and informing the conservatee about the choices they make. Some conservators are already working to strengthen the abilities and capacity of the person, even within the conservatorship. They are already giving the person under conservatorship access to information about who to contact if there is a problem, and telling them about their rights. This bill will require that conservators do those things, but for some conservators, that will not be a change.
AB 1663 and other conservatorship reform efforts
There have been a lot of efforts to try to change probate conservatorships in California. Many people agree that there are big problems with conservatorships, and have tried to make changes. Legislation meant to change conservatorships and protect conservatees was passed in 2006 and additional legislation was passed in 2021 through a bill called AB 1194. Unfortunately, many of the changes from 2006 and 2021 were not funded, so they have not all gone into effect.
The organizations supporting AB 1663 also generally support the changes that were passed in 2006 and 2021. We believe it is very important that AB 1194 be fully funded.
AB 1663 is also different from previous bills. AB 1663 is designed to help more people get out of conservatorships or avoid them altogether. AB 1663 does this by recognizing supported decision-making, and by expanding opportunities for people at risk of conservatorship to explore SDM and other voluntary supports, and avoid court involvement at all. AB 1663 also makes changes for people who are already under conservatorship, by helping people change or end conservatorships and protecting their autonomy within conservatorships.