Duties of a limited conservator.

The California Assembly Committee on Judiciary proposes modifying conservatorship requirements for family members caring for developmentally disabled adults through amendments to the state's Probate Code that would exempt certain limited conservators from specific care planning duties.

Under current law, all conservators must determine appropriate care levels for conservatees, document these determinations in formal care plans, and reevaluate placement when circumstances change materially. The proposed amendment creates an exception to these requirements for limited conservators who are first-degree relatives (parents or children) of developmentally disabled adult conservatees. These family member conservators would no longer need to complete formal care level assessments or submit associated documentation.

The legislation maintains existing protections regarding conservatees' personal residences, which are presumed to be the least restrictive appropriate housing option unless clear and convincing evidence demonstrates otherwise. It also preserves current exemptions for conservatees served by the Director of Developmental Services or regional centers under the Lanterman Developmental Disabilities Act, whose services continue to align with individual program planning processes outlined in state code.