The Roadmap with ACE: Supporting Independence through Alternatives to Conservatorship
California's 2026 rollout of expanded conservatorship criteria under SB 43 risks stripping autonomy from thousands with mental health or substance issues, amplifying urgency for alternatives like supported decision-making to prevent unnecessary rights losses.
Key takeaways
- •AB 1663's 2023 reforms require courts to prioritize less restrictive options before imposing conservatorships, spurred by cases like Britney Spears highlighting systemic abuses.
- •SB 43 broadens 'grave disability' definitions effective January 2026 in key counties, potentially affecting 10,000 more individuals yearly with involuntary holds and long-term restrictions.
- •Disability advocates decry expansions like Proposition 1 as counterproductive, arguing they undermine independence while ignoring supported decision-making's success in preserving self-determination.
Reforms and Risks
California has seen a flurry of legislative changes to conservatorship laws in recent years. Assembly Bill 1663, effective from January 2023, introduced supported decision-making as a formal alternative, allowing individuals with disabilities to retain control over their choices with trusted advisors. This shift came amid growing scrutiny of conservatorships following high-profile cases that exposed potential for exploitation and overreach.
Meanwhile, Senate Bill 43 updated the Lanterman-Petris-Short Act for the first time in over 50 years, expanding eligibility for conservatorships to include those unable to provide for their safety or medical care due to severe substance use disorders. Implemented in Los Angeles County starting January 1, 2026, this change aims to address homelessness and untreated mental illness but has sparked debate over increased involuntary commitments.
The real-world impact falls heavily on people with intellectual, developmental, or mental health disabilities. Conservatorships can limit basic rights, such as voting or managing finances, affecting an estimated 50,000 Californians under such arrangements. Families face court costs averaging $5,000-$10,000, plus ongoing fees, while conservatees risk stigma and reduced quality of life. Inaction on alternatives could lead to more placements in locked facilities, with Proposition 1's 2024 passage potentially diverting $6.4 billion toward expanded treatment beds but at the expense of community-based supports.
Non-obvious tensions emerge between stakeholders. State officials push expansions to tackle public health crises, citing 171,000 homeless individuals in 2025 data, many with co-occurring disorders. Yet disability rights groups, including Disability Rights California, argue these measures erode civil liberties without adequate safeguards. Trade-offs include protection from harm versus fostering independence—supported decision-making has cut conservatorship rates by 20% in pilot programs elsewhere, but California's uneven implementation leaves gaps, with only limited online resources available despite UCLA's 2025 call for more.
Sources
- https://www.dds.ca.gov/individuals-and-families/conservatorship
- https://www.facebook.com/LACDMH/posts/senate-bill-43-updates-californias-conservatorship-law-known-as-the-lanterman-pe/1227856229534949
- https://thearcca.org/new-law-on-conservatorship-supported-decision-making-what-you-should-know
- https://www.disabilityrightsca.org/latest-news/state-of-the-state-california-disability-policy-in-2024
- https://newsroom.ucla.edu/releases/supported-decision-making-californians-disabilities
- https://www.superlawyers.com/resources/estate-planning-and-probate/california/california-conservatorship-laws-aim-to-help-those-most-in-need
- https://supportwithoutcourts.org/
- https://www.disabilityrightsca.org/legislation/principles-conservatorship-of-persons-with-disabilities
- https://www.aclu.org/news/disability-rights/it-took-me-12-years-to-get-out-of-my-conservatorship-now-im-finally-free
- https://undivided.io/resources/new-california-legislation-impacting-families-of-kids-with-disabilities-2497
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