September 11, 2008

Oversight of Conservators in California

Filed under: Uncategorized — admin @ 4:17 pm

The State of California has been in a prolonged budget crisis.  Everyone on both sides of the aisle knows that something has to be done, but agreement has not happened.  The budget deficit has been estimated to be 15.2 billion dollars.

 

In July the budget Conference Committee which is comprised of state senators and state assembly members voted to cut from the state budget 17.4 million that was to be used for over-sight of court-appointed conservators.  What that means, is that the state’s probate courts will have to come up with the money.  Thus local courts are being forced to pay for laws enacted in Sacramento.

 

The cut in and of itself obviously is approximately one-tenth of one percent of the deficit, meaning that approximately1,000 similar cuts would have to be found to balance the budget.

 

Conservators control either the care or finances or both of adults who have been found by a court to be unable to do by themselves.  Courts are required to send investigators to visit people under conservatorship to make sure that they are being treated correctly and that their finances are being managed appropriately.  This includes making sure that the conservators are not stealing from the people they are conserving or otherwise mismanaging the funds.

 

One way to avoid ever being under the need of a financial conservator, is to have a funded living trust and a properly prepared power of attorney.  Otherwise, there is a chance that the probate court will be involved in your finances even prior to your death.