THE TOUGH BATTLE: FIGHTING CONSERVATORSHIP

• Why did the Los Angeles Times do a 3-year investigation on Conservators? If fair laws had been originally enacted, there would have been no need for an investigation.
• Why did it take a series of articles about abusive Conservators in the Los Angeles Times to motivate the Judicial Council to form the Probate Investigator Task Force?
• Why did Administrative Presiding Judge Roger W. Boren, publicly state that the elderly were targets for Conservatorship?
• Why did Assemblyman Dave Jones along with other members of the Assembly believe it was necessary to enact new laws?
• Why is the State giving the impression that reforms and new laws are protecting the rights of its citizens?
• Why didn't the State originally mandate education for Judges and Court Investigators prior to the Omnibus Act?
• Why didn't the State require strict regulations before allowing a stranger to legally control the life and finances of another person?
• Why is it more difficult to get a license to run a 'hot dog stand' than it is to become a conservator?
• Conservators must be bonded, but do you know that the Conservatee pays for that bond?

In November of 2005, Robin Fields, a reporter for the Los Angeles Times, ran a four part series on the ramifications of seniors placed under Conservatorship. The stories of rampant abuse, neglect and outright theft were shocking. Assemblyman Dave Jones asked for tighter restraints on professional Conservators, realizing that 4.6 BILLION DOLLARS and the lives of Conservatees were at risk. Assemblyman Jones' bills resulted in new legislation by the California Legislature, known as the Omnibus Conservatorship and Guardianship Reform Act of 2006.

The Omnibus Act made new provisions in an attempt to protect Conservatees, which requires a review of a Conservatorship after six months, education for Judges and Court Investigators, licensing for Conservators, new procedures regarding the sale of the Conservatees residence and investigating Conservators if the Court finds it necessary.

The Omnibus Act DOES NOT PROVIDE for the protection of your Constitutional rights, individual freedom, how your money is spent, where you are to live, the right to make your own medical decisions and a standard for the Courts to follow defining "clear and convincing evidence" for Conservatorship.

In 2006, the Judicial Council, the policy making body of the California courts, formed a 29 member "Probate Investigator Task Force". After eighteen months, the Council provided 85 recommendations for the Courts and the State. Patricia McGinnis, a member of the Council, was quoted in the Task Forces' final report as saying "We had a number of consumers to address this task force. Unfortunately all of the consumers that I talked to were afraid to testify. They were either fearful of being caught up in the system again or being sued." During a press conference, Administrative Presiding Judge Roger W. Boren, who heads the Los Angeles Appellate Court and the Task Force was quoted as saying "the elderly have a target on them, and that target is their estate." The Judicial Council acknowledged that it may take years, if at all, along with increased funding to implement their recommendations.

To read the articles in the Los Angeles Times, please visit
www.latimes.com/news/local/la-me-conservators-series

To read the Omnibus Act in it entirety, please visit
http://ceb.com/lawalerts/guardianshipconservatorships.asp

For their Judicial Council's full report, please visit
www.courtinfo.ca.gov

For more information on Conservatorships, please visit
www.retirementnightmare.com

Requirements For a License

All Conservators must be licensed with the Statewide Registry, which is a division of the Department of Justice. The requirements for a license with the Statewide Registry is a fee and college education. The Statewide Registry has no authority to take any action against an abusive Conservator. Many Conservators belong to the Professional Fiduciary Association of America. They do not make membership mandatory nor do they have jurisdiction to investigate abusive Conservators. In July of 2008, the Department of Consumer Affairs will take responsibility from the Statewide Registry and will oversee and license Conservators.

If a family member agrees to become the Conservator, the only requirement is to be bondable, with no criminal history. According to the Professional Fiduciary Association, 60% of all abuses against Conservatees are by family members. Using the professional Fiduciary Association's statistics, does this mean that 40% of abuse is performed by professional Conservators? When is it ever acceptable for anyone to be abusive? When is someone going to step up and make a difference? When is someone going to stand up for the rights of beloved family members?

SAC, NOW knows that little has changed and people are as vulnerable today as they were prior to the new laws. All the previously mentioned abuses STILL EXIST TODAY.

SAC, NOW believes it is hypocritical that neither the Assembly nor the Judicial Council addressed any of the major issues; the Constitutional Rights, civil liberties and freedoms of Conservatees are still seized by the Court. It is a fact that convicted felons have more rights than those under Conservatorship. The Conservatee is still required to pay ALL attorneys' fees and Court costs. The Courts still allow testimony against the Conservatee without any proof or evidence.

If our elected officials won't seriously address these issues, it is incumbent upon SAC, NOW to inform the people that the new laws CHANGE NOTHING. If you believe this could never happen to you, think again. Once a Conservatorship is started, it's already too late.

Is Conservatorship Fair?

Don't let someone you love become the next victim of unwarranted Conservatorship.

If you support SAC, NOW please join us in our fight. The time for waiting is over.

What your tax deductible donation will do:

• Keep the public informed with the truth about abusive Conservatorships, the Court system and your Living Trust and Will
• Publish "Statements of Fact" in major newspapers outlining the realities of Conservatorship
• Provide experienced attorneys with an expert background in Conservatorships
• Assist with legal aid for all proposed and existing Conservatees in their attempt to get out of the system
• Assemble a Watchdog Committee to fight abusive Conservatorships
• To enlist our citizens to support SAC, NOW's efforts to heighten awareness to the vulnerability of all of our seniors
• Present information regarding recent legislation that was passed or vetoed regarding Conservatorship reform
• Offer educational seminars providing true understanding as to what a Conservatorship means
• Provide a venue for potential and existing Conservatees who are seeking help and to ask questions
• Allow you to share your personal story that could help someone else

Please join us in our fight against unwarranted and abusive Conservatorships

Your donation will help SAC, NOW continue the fight to protect the rights of all, or.. you can wait for the day when you may become the next victim of Conservatorship.

Please contact us at info@sac-now.com

If you wish you may call us at (818) 345-4339

Don't wait for your elected officials to have more committee's and debates.
The time for change is NOW.

SAC, NOW is dedicated to our Mother, who was unjustly placed under Conservatorship