SB 561 California Senate · 2025-2026 Regular Session

Appointment of public guardians.

Summary
Existing law requires a public guardian to apply for appointment as a guardian or conservator of the person, the estate, or the person and estate, if there is an imminent threat to a person's health or safety or the person's estate, there is no one else who is qualified and willing to act, as specified, the appointment would be in the best interests of the person, and the person is domiciled in the county. Existing law similarly requires a court to order a public guardian of a county to apply for appointment as a guardian or conservator if it appears that there is no one else who is qualified and willing to act, that the appointment as guardian or conservator appears to be in the best interests of the person, and the person is domiciled in the county. Existing law requires the public guardian to begin an investigation within 2 business days of receiving a referral for conservatorship or guardianship. This bill would require the public guardian to also acknowledge receipt of the referral within 2 business days and conclude the investigation within a reasonable period of time. For referrals for conservatorship, the bill would require the investigation to include a determination of whether or not a temporary or general conservatorship is warranted and would require the public guardian to inform the referring party of the investigation status upon request. By imposing new duties on the public guardian, a county officer, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Aug 2026
Senate Passage
Jun 2025
Assembly Passage
Aug 2026
Governor
Introduced Feb 20, 2025 Last action Aug 30, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

07/02/26 - Amended Assembly SB561 · 3 edits
MINOR
The enrolled version of SB 561 significantly simplified the investigation requirements for public guardians compared to the prior amended assembly version. The specific 15-business-day deadline for concluding investigations was replaced with a more flexible 'reasonable period of time' standard, mandatory notification requirements were removed, and an entire section governing cross-referrals between probate conservatorship and Lanterman-Petris-Short Act investigations was deleted.
TIMELINE

The requirement that public guardian investigations conclude no more than 15 business days after receiving a referral (unless good cause for extension) was replaced with the less specific standard that investigations shall conclude within a reasonable period of time.

REQUIREMENT

The requirement that the public guardian notify the referring party of either the determination made at the conclusion of the investigation or any extension of the investigation was removed entirely.

SCOPE

An entire new subdivision (d) was deleted. This section had required cross-referrals between probate conservatorship investigations and Lanterman-Petris-Short Act (mental health conservatorship) investigations, and required that the original investigation remain open until the referred investigation concluded.

Floor votes · Senate Jun 2, 2025 · Assembly Aug 25, 2026

How they voted

380
Passed · 2 other
Total votes 40
Jun 2, 2025
D Democratic30
28 Yea 2
93% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
14
Committee
9
Amendments
8
Aug 30, 2026
Upper · Passed
Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling.
upper
Aug 26, 2026
Upper · Passed
From committee: That the Assembly amendments be concurred in. (Ayes 9. Noes 0.)
upper
Aug 26, 2026
Upper · Passed
From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0.) Re-referred to Com. on JUD.
upper
Aug 26, 2026
Committee
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).
upper
Aug 25, 2026
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 25, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate.
lower
Aug 5, 2026
Lower · Passed
From committee: Do pass. (Ayes 15. Noes 0.) (August 5).
lower
Jul 2, 2026
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 1, 2026
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 30).
lower
Jun 15, 2026
Committee
Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
lower
Jun 11, 2026
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S & T.M.
lower
Jun 23, 2025
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S & T.M.
lower
Jun 9, 2025
Committee
Referred to Com. on E.S & T.M.
lower
Jun 2, 2025
Upper · Passed
Read third time. Passed. (Ayes 38. Noes 0. Page 1394.) Ordered to the Assembly.
upper
May 23, 2025
Upper · Passed
From committee: Do pass. (Ayes 6. Noes 0. Page 1204.) (May 23).
upper
Apr 23, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0. Page 835.) (April 22). Re-referred to Com. on APPR.
upper
Apr 7, 2025
Upper · Passed
Read second time and amended. Re-referred to Com. on JUD.
upper
Apr 3, 2025
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 0. Page 634.) (April 2).
upper
Mar 5, 2025
Committee
Referred to Coms. on E.Q. and JUD.
upper
Feb 20, 2025
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 1 co-sponsor

Sponsors