2023
Developments in Trust & Estate Law
New Laws from the 2022 Legislative Cycle

Conservatorship Alternatives

While last year brought increased protections for conservatees, this year brought full alternatives to conservatorships. AB 1663 established the Supported Decision-Making alternative to give people the last say in their financial, health, or other life choices. The CARE Court Act offers help and resources outside of conservatorships or institutions for those with schizophrenia spectrum or psychotic disorders.

CARE Court Act Into Aims To Help Californians in the Legal System with Mental Illness

SB 1338, otherwise known as The Community Assistance, Recovery, and Empowerment Act,  to create opportunities for help outside of conservatorships or the constraints of local and federal institutions. CARE Court allows families, clinicians, and first responders to refer those with schizophrenia spectrum or psychotic disorders to the program.

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Supported Decision-Making Becomes Statutory Conservatorship Alternative

AB 1663 establishes supported decision-making as a statutory alternative to probate conservatorship. Unlike a conservatorship, in which an appointed conservator makes decisions on behalf of an individual with a disability, supported decision-making gives that individual the last say in their financial, health, or other life choices.

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