Assembly Bill 1663 “Protective Proceedings”: Less-Restrictive Alternatives to Conservatorship

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Assembly Bill 1663 “Protective Proceedings”: Less-Restrictive Alternatives to Conservatorship

Trusts and Estates Quarterly; Vol. 29, Issue 1 (2023)

Credit(s):

1 Self-Study Credit
1 Legal Specialization in Estate Planning; Trust & Probate Law

Course Number:

TE_Vol29_Issue1_3_2023

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Available for 3 months after Registration

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Category: Trusts & Estates

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Assembly Bill No. 1663 (2021-2022 Reg. Sess.) (A.B. 1663), “Protective Proceedings,” is new legislation that became effective January 1, 2023. It makes multiple important amendments to the Probate Code and the Welfare and Institutions Code. California joins an increasing number of states that have made less-restrictive alternatives to conservatorship a legislative priority. Supported decision-making (SDM) is one of them. The idea is that adults with a disability, which could include dementia, retain their autonomy and make their own decisions, albeit with support. SDM can be informal or memorialized in an SDM agreement. California had the benefit of not needing to start from scratch and, indeed, many of the provisions of the new law accord with those in the 2017 Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA).

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