State Council on Developmental Disabilities: appointing authorized representatives.

Plain English Breakdown

The bill summary does not provide specific details on how often investigations will be conducted or how contingent appointments work.

Rules for Appointing Representatives for People with Developmental Disabilities

This law sets rules for appointing authorized representatives to help people with developmental disabilities make decisions when they have no parent, guardian, or conservator who can do this.

What This Bill Does

• Limits the appointment of an authorized representative to up to one year, with annual renewals if needed.
• Authorizes the State Council on Developmental Disabilities to investigate whether a person needs a representative to protect their rights and interests.
• Permits the council to make temporary appointments for representatives when necessary.
• Gives the council the power to remove an authorized representative if they are not doing a good job or cannot continue serving.
• Defines 'good cause' as situations where a proposed representative might make decisions that go against what the person with disabilities wants.

Who It Names or Affects

• People with developmental disabilities who need help making decisions and protecting their rights.
• The State Council on Developmental Disabilities, which appoints representatives for these individuals.

Terms To Know

Authorized Representative

A person chosen to help someone with developmental disabilities make important choices when they cannot do it themselves.

Good Cause

Reasons why the State Council on Developmental Disabilities can remove an authorized representative if they are not acting in the best interest of the person with disabilities.

Limits and Unknowns

• The bill does not specify what happens after a one-year appointment ends.
• It is unclear how often investigations will be conducted by the State Council on Developmental Disabilities.
• There are no details about how contingent appointments work in practice.

Official Summary Text

SB 1052, as amended, Gonzalez.
State Council on Developmental Disabilities: appointing authorized representatives.
Existing law, the Lanterman Developmental Disabilities Services Act, establishes the State Council on Developmental Disabilities to, among other things, develop, review, and revise the California Developmental Disabilities State Plan, and monitor and evaluate the implementation of the plan. Existing law authorizes the state council to implement the state plan by conducting specified activities, including, among other things, appointing an authorized representative for persons with developmental disabilities. Existing law authorizes the appointment of an authorized representative to assist the person in expressing the person’s desires and in making decisions and advocating for the person’s needs, preferences, and choices, when the person with developmental disabilities has no parent, guardian, or conservator legally authorized to represent them, and the person has either requested the
appointment of a representative or the rights or interests of the person, as determined by the state council, will not be properly protected or advocated for without the appointment of a representative.
Existing law prescribes the order of preference for selection of the representative to be the person’s parent, involved family members, or a volunteer selected by the state council, if the person does not express a preference, and requires the request of the parents or involved family members to be appointed to be honored unless the person expresses otherwise or good cause otherwise exists.
This bill would limit the appointment
of an authorized representative
to up to one year,
with annual renewals,
and would authorize the state council to conduct an investigation to determine whether the interests of the person will not be properly protected or advocated for without the appointment of a representative.
The bill would also authorize the state council to make contingent appointments of authorized representatives, as specified, and would authorize the state council to remove an authorized representative or contingent authorized representative at any time for good cause or if the authorized representative is unwilling or unable to continue serving.
Existing law prescribes the order of preference for selection of the representative to be the person’s parent, involved family members, or a volunteer selected by the state council, if the person does not express a preference, and requires the request of the parents or involved family members to be appointed to be honored unless the person expresses otherwise or good cause otherwise exists.
The bill would
define
provide that
“good cause” for
these
purposes
to
of the previously-described provisions
exist when the proposed authorized representative has made, or is likely to make, decisions that are inconsistent with the expressed wishes of the person with developmental disabilities or inconsistent with protecting the person’s rights or interests.

Current Bill Text

Download Bill PDF