File #: 24-136    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 7/12/2024 In control: Judicial Council
On agenda: 9/20/2024 Final action: 9/20/2024
Title: Rules and Forms | Probate Conservatorship: Care Plan (Action Required)
Attachments: 1. 20240920-24-136 - updated 20240910

Title

Title

Rules and Forms | Probate Conservatorship: Care Plan

(Action Required)

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Summary

Summary

To implement recent legislation, the Probate and Mental Health Advisory Committee recommends revising one form and adopting one form for mandatory use by a conservator of the person to prepare and file the confidential conservatorship care plan required by Probate Code section 2351.2, effective January 1, 2025. As required by Probate Code section 2352.5, the revised form also includes the conservator’s determination of the conservatee’s level of care.

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Recommendation

Recommendation

The Probate and Mental Health Advisory Committee recommends that the Judicial Council, effective January 1, 2025:

1.                     Revise form GC-355 to retitle it as Confidential Conservatorship Care

Plan--Part 1, incorporate the elements of the care plan required by Probate Code section 2351.2(b), and provide instructions to the conservator for completing, delivering, and filing the plan.

2.                     Adopt Confidential Conservatorship Care Plan--Part 2 (Medical Information) as form GC-356 to capture the confidential medical information required in the care plan by section 2351.2(b) separately from the other information in the plan to promote the conservator’s compliance with the requirement in section 2351.2(a)(1)(B) to exclude confidential medical information from copies of the plan delivered to the conservatee’s spouse or registered domestic partner and relatives.

 

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