21000. The Legislature finds and declares all of the following: (a) Adults with disabilities, including older adults with disabilities, are presumed competent and to have the capacity to make decisions regarding their day-to-day health, safety, welfare, and social and financial affairs, unless otherwise determined through legal proceedings. (b) All adults, to the best of their ability and […]
21001. The following definitions apply for purposes of this division: (a) “Adult with a disability” means an adult with any disability, including an older adult with a disability or an age-related disability. Disability includes, but is not limited to, an intellectual or developmental disability, cognitive disability, communication disability, psychiatric disability, physical disability, sensory disability, learning disability, […]
21002. (a) A supporter is bound by all existing obligations and prohibitions otherwise applicable by law that protect adults with disabilities and the elderly from fraud, abuse, neglect, coercion, or mistreatment. This division does not limit a supporter’s civil or criminal liability for prohibited conduct against the adult with a disability, including liability for fraud, abuse, […]
21003. (a) An adult with a disability may choose to enter into a supported decisionmaking agreement with one or more chosen supporters. Support may include, but is not limited to, helping the adult with a disability obtain and understand information related to a life decision, communicating the decision to others, and assisting the individual to ensure […]
21004. (a) Notwithstanding any other provision of this division, an adult with a disability is entitled to have present one or more other adults, including supporters, in any meeting or discussion, or to participate in any written communication, including, but not limited to, individual planning meetings required by state or federal law, service and care planning […]
21005. (a) A supported decisionmaking agreement shall be written in plain language accessible to the adult with the disability and shall include, but not be limited to, all of the following: (1) A list of the areas in which the adult with a disability requests support. (2) A list of the areas in which the supporter agrees to […]
21006. (a) (1) A supported decisionmaking agreement is effective until it is terminated in one of the following ways: (A) By the adult with a disability. (B) By all supporters. (C) By the terms of the agreement. (D) By the death of the adult with a disability. (E) All supporters are no longer eligible to serve pursuant to Section 21002. (2) Any party […]
21007. This division does not apply to CARE court proceedings or to a CARE supporter trained and appointed under the Community Assistance, Recovery, and Empowerment (CARE) Act (Part 8 (commencing with Section 5970) of Division 5). (Added by Stats. 2022, Ch. 894, Sec. 16. (AB 1663) Effective January 1, 2023.)
21008. In developing educational information or training materials on supported decisionmaking or supported decisionmaking agreements, the California Health and Human Services Agency or any departments under its jurisdiction shall do all of the following: (a) Consider the needs of individuals who have been underserved, including, but not limited to, immigrants, individuals whose preferred language is not […]
