California’s Latest Law on Supported Decision-Making

California’s New Supported Decision-Making Law

In 2022, the California state legislature passed Assembly Bill 1663. Sponsored by Assemblymember Brian Maienschen and eventually signed into law by Gov. Gavin Newsom, the “Supported Decision-Making” law amends several sections of the Golden State’s Welfare and Institution Law.

Assembly Bill 1663 broadly reformed California’s long-standing conservatorship practice and procedures. In the past, an adult conservator appointed to manage the legal, personal, and financial affairs of a minor ward or incapacitated person had the authority to make unilateral decisions about a ward’s life. While conservators have always had a legal obligation to act in the conservatee’s best interests, the unamended Welfare and Institution Law granted conservators significant and sweeping decision-making rights.

The recent amendment to the Welfare and Institute Law recognizes that adults with disabilities, including older adults, should still be presumed competent to make decisions about their day-to-day health, safety, and welfare.

How Supported Decision-Making Empowers Adults With Disabilities

Supported decision-making is a legal tool that lets adults with disabilities retain their decision-making capacity.

Adults who sign a supported decision-making agreement may nominate designated “supporters,” who help them understand, consider, and communicate decisions about their day-to-day care.

California’s revised supported decision-making law offers greater autonomy to disabled adults who need assistance managing their:

Health care needs

Employment prospects

Educational opportunities

Financial affairs

Supported decision-making, unlike a conventional conservatorship, affords adults with disabilities an opportunity to receive support when they need it but stay in control of their own affairs.

The Different Degrees of Supported Decision-Making Frameworks

A supported decision-making agreement may include any of the following elements:

A supported decision-making agreement may offer disabled adults access to a network of friends, family members, and state-appointed officials who help the adult navigate their personal and legal affairs without any further assistance.
A supported decision-making agreement could be combined with a durable power of attorney and other permissions.
A supported decision-making agreement may include a limited conservatorship, ensuring that an incapacitated adult enjoys greater autonomy while establishing their independence.

The Advantages of Supported Decision-Making

A disabled adult’s supporters can help them navigate day-to-day life by:

Talking through important life decisions
Role-playing job interviews or classroom situations
Attending meetings and appointments with the disabled adult to provide additional guidance and comfort
Partnering with the adult to manage their financial affairs responsibly and effectively

Supported decision-making can offer many adults an opportunity to begin exercising their autonomy and establishing their independence. However, supported decision-making agreements are not always binding and may not offer caretakers adequate means to protect their wards from fiscal or physical difficulty.

Talking to an Attorney About Supported Decision-Making

A supported decision-making agreement can help families overcome incredible obstacles; however, a standalone supported decision-making agreement does not necessarily provide adult caretakers with the tools needed to help a ward make and enact critical decisions. You may need to consider establishing:

A special needs trust.

A special needs trust provides additional resources for adults with disabilities. When a grantor establishes a special needs trust, they can disburse conditioned maintenance funds to an adult beneficiary. These funds do not jeopardize or reduce the adult beneficiary’s eligibility for government benefits.

A durable power of attorney.

A durable power of attorney, or a financial power of attorney, delegates critical financial tasks and responsibilities to a designated agent. This agent can help a disabled adult pay their bills, make investments, and administer existing assets.

A limited conservatorship.

A limited conservatorship is a type of conservatorship that allows the individual conservatee to retain as much independence as possible. While conservators still exercise some authority over the conservatee’s assets and financial responsibilities, a limited conservatorship offers more opportunities for collaboration than a full and conventional conservatorship.

Do You Need to Speak With an Estate Planning Attorney?

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