The CARE Act allows for conservatorship courts to refer an individual to the CARE process, which is a less restrictive alternative. There are two pathways for these referrals.

Direct Court to Court Referral
As stipulated in Senate Bill 27, a referral from a conservatorship court may be made directly to the CARE court. The CARE court may consider the referral as a petition if:

1. The referral includes all the required information outlined in Welfare and Institutions Code section 5975. (e.g., facts that support the assertion that the individual meets the CARE eligibility criteria), and
2. The referral makes a prima facie showing that the individual meets or may meet the CARE eligibility criteria.

If these conditions are met, the CARE court may choose to accept the referral as a petition and shall notify the referring court.

If the CARE court does not consider the referral as a petition, it shall order the conservator or proposed conservator to, within 14 court days:

1. Investigate whether a petition should be filed.
2. Notify the referring court whether it intends to file a CARE petition.

For more information on this referral pathway, see the Senate Bill 27 brief.

Petition Filed by Conservator
Alternatively, if the conservator believes the individual is or may be eligible for CARE, they may choose to file a petition.

While the statute does not set a required timeframe for filing a CARE petition, the petition should be filed as soon as practical.

The courts should determine how to navigate overlapping conservatorship court and CARE court jurisdictions. This includes when and if to terminate the conservatorship proceedings, as well as the role of a conservator in the CARE process after the petition has been filed.

For more information, review the Role of Public Guardians & Conservators in Petitioning training, the Referrals to CARE training, and the Public Guardian and Conservator Roles in the CARE Act brief.