Below is a picture of the Pathway through the CARE Court, from the State of California CARE Court website.
Many key word are noted, including but not limited to: voluntarily engage (or not); petition for evidence; appoints legal counsel; voluntary supporter; order a clinical evaluation; orders the development of a CARE plan; CARE plan may include behavioral health treatment, stabilization medication, and a housing plan, etc. Although the Pathway is not called a conservatorship, it is still court-ordered, with a court-appointed attorney representing the individual. You should also note that SB 1338 is a long piece of legislation that goes into many areas including insurance plans and coverage, situations of possible criminal behavior, and situations involving possible LPS or general conservatorships, in addition to the separate CARE Court provisions. CARE stands for: The Community Assistance, Recovery, and Empowerment (CARE) Act. Here is the link for the State of California CARE Court website https://www.chhs.ca.gov/care-act/
More to follow as the State and the first group (cohort) of counties start to put details into exactly how this program will be designed and will operate (the first counties include Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne, and the City and County of San Francisco).
Thank you for reading. Please pass this along to other people who would be interested.
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Best to you,
David Tate, Esq. (and inactive CPA)
- Business litigation and disputes – business, breach of contract/commercial, co-owners, shareholders, investors, founders, workplace and employment, environmental, D&O, governance, boards and committees.
- Trust, estate and probate court litigation and disputes – trust, estate, probate, elder and dependent abuse, conservatorship, POA, real property, mental health and care, mental capacity, undue influence, conflicts of interest, and contentious administrations.
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- Mediator and facilitating dispute resolution:
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- Other: workplace and employment, environmental.
Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.
Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that doesn’t mean that I don’t or might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.
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My two blogs are:
http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com
Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com
David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.