SB 1116 Scott [CDR SUPPORTS] Conservatee Residence Rights

SB 1116, as amended, Scott Conservatorships.
(1) Existing law generally authorizes a guardian or conservator to
fix the residence of a conservatee or ward within the state without
permission of the court, by selecting the least restrictive
appropriate setting, as specified, that is in the best interests of
the conservatee. Existing law requires the guardian or conservator to
promptly give notice of all changes in the residence of a
conservatee or ward.
This bill would revise and recast this provision to permit a
guardian or conservator to select the least restrictive appropriate
residence of a conservatee or ward. This bill would require a
presumption that the least restrictive appropriate residence for the
conservatee is the personal residence of that conservatee ,
except if proven otherwise by clear and convincing evidence .
This bill would require a conservator to evaluate the level of care
and measures necessary to keep the conservatee in his or her personal
residence or explain the limitations or restrictions regarding a
return to the conservatee to his or her personal residence. The
bill would req uire this determination to be made in
writing under penalty of perjury. Because this bill would change the
definition of the crime of perjury, this bill would impose a state-
mandated local program. This bill would require the
guardian or conservator to file notice of the change of address for a
ward or conservatee in 30 days. This bill would permit the court to
waive notice of the change of address in order to prevent harm to the
conservatee or ward.