Frequently Asked Questions

Conservatorship is a court process that removes the rights of someone who is deemed “incompetent.” The Court then appoints somebody else (a “conservator”) to make decisions. The conservator can be changed by the Court at any time, for any reason. Only people with disabilities, or people who are perceived to have disabilities, get conserved. 

Conservatorship is supposed to be the absolute last resort. Unfortunately, for people with developmental disabilities in California, there is a “school-to-conservatorship pipeline” where parents are often encouraged to conserve their adult children with disabilities even when it’s not necessary. When those parents die or have the conservatorship removed from them, a professional is usually appointed as the new conservator. This breaks apart families and communities. The lack of oversight in the conservatorship system also opens the door for the kind of abuse we have seen in Britney Spears case.

“Probate conservatorships” are described in the Probate Code of the law. Probate conservatorships are typically used where a person has intellectual or developmental disabilities or age-related disabilities, like dementia or Alzheimer’s disease. Probate conservatorships include limited conservatorships and temporary conservatorships. In probate conservatorships, a conservator can typically choose where a person lives, works, and spends their time, how they spend their money, and who they see and associate with. Probate conservatorships are typically permanent.

“LPS conservatorships” are described in the Welfare and Institutions Code of the law. “LPS” stands for Lanterman-Petris-Short, the names of the people who wrote the law. LPS conservatorships are typically used when a person has a psychiatric disability. An LPS conservator can require a person to go to a locked psychiatric hospital or other institution, even if it’s involuntary. LPS conservatorships are time-limited and must be re-established on a regular basis. There has been a lot of news and discussion about LPS conservatorships in California recently, in particular about whether and how LPS conservatorships should be used more often for people who are unhoused.

AB 1663 does not make changes to or affect any part of LPS conservatorships – it is only about probate conservatorships. It is separate from the discussion about whether or how to use conservatorships for people who are unhoused and have psychiatric disabilities.

No. 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.

Supported Decision-Making (SDM) is an alternative to probate conservatorship. SDM supports people with disabilities and older people in making choices by building a group of trusted friends, family, and community members. This group of trusted people is called a “circle of support.” In SDM, the person who’s getting support determines who’s supporting them, in what areas of life, and how they’re supported.

For example, Hamid loves to buy and play video games. He’s asked his older brother Saleh to support him in making financial decisions. Hamid just got a part-time job, and wants to spend all of his paycheck on video games. Instead of taking away that choice, Saleh might give an example that would illustrate the results of Hamid’s choice, like reminding Hamid of a friend who spent all of his money and had nothing left to go to Disneyland. Saleh might also help Hamid open up a bank account, and show him how to save money for something special.

AB 1663 establishes a Conservatorship Alternatives Program within the help center in each Superior Court. The program would identify petitions for conservatorships in which less restrictive alternatives, including Supported Decision-Making, may be appropriate to avoid the conservatorship. The program would provide assistance and guidance in considering and implementing those alternatives.

AB 1663 creates the Supported Decision-Making Technical Assistance Program (SDM-TAP), a statewide program that would provide support, education, and technical assistance to expand and strengthen the use of Supported Decision-Making. The SDM-TAP would provide guidance, assistance, and training to educational entities, families, service providers, professionals, people with disabilities, courts, attorneys, mediators, and others in California who wish to use or expand SDM in their professional or personal life. Special attention will be provided to communities that have been historically underserved, including speakers of languages other than English, as well asimmigrant, native, and rural populations.

The SDM-TAP would also administer grant funding to state or local government entities,such as courts and school districts and non-governmental entities, like nonprofit organizations, that submit project proposals to expand the use of SDM and reduce the use of conservatorship. In deciding and allocating grant funding under this section, SDM-TAP shall consider equity and diversity of grant recipients.

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.