Petitioners for conservatorship appointment must provide supplemental information regarding: the proposed conservatee's inability to provide for his physical health, food, clothing and shelter needs; the location for proposed conservatee residency; alternatives to conservatorship and why they are unavailable; health and social services provided to the proposed conservatee for the previous year; and the proposed conservatee's inability to handle his finances. Supplemental information shall be confidential and provided on a form separate from the actual petition.
If the proposed conservatee is an allegedly developmentally disabled adult, the petition must include the nature and degree of the alleged disability and whether the proposed limited conservatee is or is alleged to be developmentally disabled.
Judicial Council shall adopt an expedited procedure to authorize, by court order, a proposed conservatee's health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to HIPAA.
In any proceeding to establish a limited or general conservatorship for a person with developmental disabilities, a proposed limited conservatee with his or her consent shall be assessed at a regional center pursuant to Welf. & Inst. Code 4620, who will submit a written report of findings and recommendations to the court. A copy of the report shall be mailed to the proposed limited conservatee and his or her attorney, other persons as the court orders. The report is confidential and shall not be made available to other parties, unless with the court's discretion.
With regards to a court investigator’s report evaluating a conservatorship, confidential medical information about the conservatee will be sent as a separate attachment to the report to the conservator, attorneys of record for the conservator, conservatee, and the court. The confidential medical information will not be included in the copies of the report sent to the conservatee's spouse or registered domestic partner, and the conservatee's relatives.
In the case of a proposed guardianship of a ward of an estate, a court investigator shall have access to an oral or written summary of the proposed ward's medical records and psychological records prepared by any physician, psychologist, or psychiatrist who made or who is maintaining those records.
A person authorized to file a petition for the appointment of a conservator, may file a for the appointment of a limited conservator to consent to the sterilization of a developmentally disabled adult. The petition must allege that the proposed conservatee has a developmental disability and allege the reasons why court-authorized sterilization is necessary.
Prior to a hearing on the issue of sterilization, the court shall request the director of the appropriate regional center for the developmentally disabled to prepare a written report which shall be based upon comprehensive medical, psychological and sociosexual evaluations of the individual and other factors in Probate Code 1958.
