California Probate Code

§ 2351.2

PROB § 2351.2 Effective Jan 1, 2024Div. 4 · Part 4 · Ch. 5

Statute text

(a)(1) Within 120 calendar days of appointment by the court and no later than 10 days before a hearing to determine the continuation or termination of an existing conservatorship, a conservator granted powers under this chapter shall file with the clerk of the court a care plan for the care, custody, and control of the conservatee as provided in this section. The court may require a conservator to update the care plan at any time. The court shall review the most recent care plan in determining the continuation or termination of the conservatorship.

(2)(A) The conservator shall deliver, pursuant to Section 1215, a copy of any care plan filed pursuant to paragraph (1) to the conservator of the estate, if a separate conservator is appointed, and that conservator’s attorney, the attorney for the conservator, the attorney for the conservatee, and the conservatee. The conservator shall also deliver a copy of the care plan to the conservatee’s spouse or registered domestic partner and relatives within the first degree unless the court determines that delivery of the care plan will result in harm to the conservatee. If the conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the conservator shall deliver the care plan to the conservatee’s relatives within the second degree, unless the court determines that the delivery of the care plan will result in harm to the conservatee.

(B)Confidential medical information in a care plan shall be redacted in compliance with applicable state and federal medical privacy laws before transmission to a spouse, registered domestic partner, or relative, as described in paragraph (1).

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Legislative history

Added by Stats. 2023, Ch. 705, Sec. 1. (SB 280) Effective January 1, 2024.