California Governor Schwarzenegger Signs Conservator Reform Bills To Protect The Elderly And The Disabled
In California, Governor Arnold Schwarzenegger has signed a group of reform bills into law that will protect the rights of the elderly and the disabled by improving the way conservatorships are supervised by the courts. The new law will help prevent conservators from abusing their handling of the personal and financial affairs of adults whom the courts have ruled as incapable of handling their own affairs.
The package of bills, called the Omnibus Conservatorship and Guardianship Act of 2006, consists of the following:
•AB 1363 by Assemblyman Dave Jones, D-Sacramento
Mandates improved court oversight, increased information sharing with relatives of conservatees, and expanded assistance to non-licensed conservators and guardians through conservatorship and guardianship court proceedings.
•SB 1116 by Sen. Jack Scott, D-Altadena
Imposes new requirements for court oversight of transactions related to conservatees’ real estate, and encourages maintaining a conservatee in his or her personal residence by establishing notice requirements and requiring a more thorough review before placing a person in a place other than his or her residence.
•SB 1550 by Sen. Liz Figueroa, D-Fremont
Establishes a licensing and disciplinary scheme for professional fiduciaries, defined as persons that perform conservator or guardian duties for two or more persons to whom they are not related, as well as persons who act as a trustee or specified agent for more than three people or three families to whom they are not related and establishes a Professional Fiduciaries Bureau within the Department of Consumer Affairs.
•SB 1716 by Sen. Debra Bowen, D-Marina Del Rey
Seeks to prevent financial abuse and neglect of elderly and disabled conservatees and of wards by providing courts with additional oversight tools, including increased access to information regarding assets and financial records, and improved oversight over conservatorships through more frequent court reviews and unannounced inspections.
The California Court’s Self-Help Center lists the following rights for conservatees who have been appointed a conservator by the courts. Conservatees have the right to:
1. Control their own salary.
2. Make or change their will.
3. Get married.
4. Receive mail.
5. Have an attorney.
6. Ask a judge to change conservators.
7. Ask a judge to end the conservatorship.
8. Vote, unless a judge says they're not able to.
9. Control personal spending money if a judge says they can have an allowance.
10. Make his or her own health care decisions, unless a judge gives that right to a conservator.
If you would like to set up a conservatorship for a loved one, The Law Offices of Scott Sagaria has probate lawyers who can help you. If you live in Santa Clara County, Alameda County, or Monterey County and are in need of legal help regarding a conservatorship or other probate matters, contact The Law Offices of Scott Sagaria.
Governor Signs Conservator Reform Bills, Latimes.com, September 28, 2006
New Landmark Laws Overhaul California's Troubled Conservatorship, californiaprogressreport.com, September 29, 2006
Governor Signs Bills On Handling Of Conservatorship Cases, Metropolita-News Enterprise, September 28, 2006
The Conservatees' Rights, California Self-Help Center
Related Web Resources:
Handbook For Conservators, Judicial Council of California
Conservatorships and Guardianships, Nolo.com
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