Think it can't happen to you? Read on. SAC, NOW's purpose is to inform and protect you from unwarranted Conservatorship. SAC, NOW wants to ensure that everyone is allowed to retain their civil rights, liberties and freedoms, because you have the fundamental "right to life, liberty and the pursuit of happiness."

WHAT IS SAC, NOW?

SAC, NOW is a nonprofit organization with the sole purpose of enlightening, informing, and protecting anyone under the threat of Conservatorship. As unbelievable as it seems, you are vulnerable of being placed under Conservatorship by the people you love and trust the most. If they win, YOU LOSE MOST OF YOUR CONSTITUTIONAL RIGHTS, CIVIL LIBERTIES, FREEDOM AND MONEY.

I should know, because my mother, who was fully competent and lucid, was accused of suffering from dementia and was wrongfully placed under Conservatorship. My mother, sister, and I fought a hard battle to stop the Conservatorship, but as hard as we fought, she was forced into a system that never listened to the truth. She had a 30 year Living Trust that was thrown out by a Probate Judge in less than 5 minutes. If it could happen to her, it COULD HAPPEN TO YOU.

Although the state is giving the impression that major reforms have been enacted, in actuality, little progress has been made. In a country where all citizens are considered innocent until proven guilty, Conservatorship is the one area where the opposite is true. Court appointed attorneys and Court Investigators do not have to provide the proposed Conservatee any evidence or opinions prior to a Court hearing that may impose Temporary Conservatorship. People can present false and misleading information to the Court regarding the proposed Conservatee, and the Court is generally unable and unprepared to determine the truthfulness of petitions and declarations.

When liberties and freedoms are lost forever, it is incumbent upon our lawmakers to create legislation that protects the rights of seniors. The Court should not allow the assignment of Conservatorship in a hurried or prejudicial manner in order to clear an overburdened Court calendar.

HOW DOES IT ALL START?

You're getting older; maybe in your sixties, you've worked hard all your life, invested your money and are looking forward to the good life of retirement. You had your Will and Living Trust drawn up by a qualified attorney and you're feeling safe and secure. People can see you have a stable lifestyle. One day someone starts to challenge your decisions. They don't like the way you're spending your money or how you live your life. Discussions escalate and you find that you are now frequently defending every decision you make. They decide it's time for them to take control of your life, and consult with an attorney to see what can be done. The word Conservatorship is mentioned. Suddenly, without warning, YOU are in for the fight of your life.

WHAT IS A CONSERVATORSHIP?

Originally, Conservatorship was a good idea, designed for people who could no longer take care of themselves or their affairs. In these cases, Conservatorship can prove beneficial. However, no matter how warranted the petition may be, Conservatorship laws still deny Conservatees their rights and freedoms.

In California, the law states that there must be "clear and convincing evidence" to support a Conservatorship. However, the law does not provide any criteria or specific standard on what to base clear and convincing evidence. It allows Judges to determine the need for Conservatorship based on their opinion, past experience, and the allegations presented against you.

WHAT ABOUT MY LIVING TRUST AND WILL?

Most people use their Living Trust and Will to protect their assets and to specify their wishes. Within your Living Trust, you may name the person you wish to be your Conservator, should the need ever arise. However, when petitions for Conservatorship are filed, the petitioning party can object to your choice and request the Court assign them as your Conservator. The Court does not have to honor your choice as stated in your Trust.

As a matter of law in California, a Probate Judge has the legal right to throw out your Living Trust and/or Will should allegations be made that you were under duress, menace, fraud, or undue influence during the execution. The "undue influence" charge is one of the most common excuses brought before the Court. Undue influence is an easy claim to make, rarely questioned by the Court, and there is no way for you to prove your decisions were your own. Evidence is not necessarily required to prove any charge against you in a Conservatorship hearing, as it depends upon how vigorously it is presented or defended to the Court.

Probate Code:
(1) Section 851.6104 states: The execution or revocation of a will or a part of a will is ineffective to the extent the execution or revocation was procured by duress, menace, fraud, or undue influence.

HOW DID THE SYSTEM GO WRONG?

Unwarranted Conservatorships started as heirs discovered a fast and easy way to gain premature access to their inheritances. Too many times gross exaggerations or lies are presented as fact, which is considered compelling and sufficient evidence to a Probate Judge. The Judge can allow accusations of incompetence, early stage dementia, the inability to handle your own affairs or to resist undue influence as compelling evidence. The Court DOES NOT REQUIRE MEDICAL EVIDENCE FROM EITHER YOUR PHYSICIAN OR AN INDEPENDENT PSYCHOLOGIST TO SUPPORT THE CHARGES.* The burden is on YOU to prove that you are competent and able to take care of yourself and your financial affairs.

*This does not apply to an LPS Conservatorship.

THE PROCESS OF A CONSERVATORSHIP

The process of a Conservatorship begins when a person decides that you need help managing your affairs. It is possible that even a stranger may file against you for Conservatorship, yet too many times adult children are the ones that use greed and control as their motivation. They hire an attorney, who files papers with the Court, asking that their client become your Conservator, thereby gaining control over you, your money, and your estate.

Upon receiving the petition, the Court will appoint an independent attorney to investigate the matter, speaking with all family members and any one else involved to determine the need for such action. The attorney will report his findings back to the Court. If a Conservatorship is recommended, the proposed Conservatee may have little chance to review the evidence against them prior to their Court hearing. Preparing a defense becomes difficult when you have no prior knowledge of what you are being accused of.

A Court hearing will be held, and for your protection, if affordable, an attorney should be hired for your defense. Most Judges believe that if the action has been brought, there must be a reasonable need. Each Judge relies on his own interpretation of what "reasonable" is and will likely rule in favor of the petitioning party. In an uncontested Conservatorship, your nominee may act as your Conservator. If contested, a professional Conservator may be assigned. It is very common for family members to disagree on a proposed Conservatorship, which often causes permanent dissension and family break-ups. If a family member believes that the Conservatorship is unnecessary and objects, the opposing attorney can demonize them in an attempt to destroy their credibility before the Court. You have the right to appeal the Courts decision; however, Appellate Courts rarely overturn the decisions of the Probate Court. From this point on, a Temporary Conservator, along with the Court appointed attorney, will be ordered by the Court to jointly act in your "best interest".

As the Conservator starts to take control of your life, their first objective is to gain access to your money. With legal papers in hand, your new Conservator will close out your bank accounts, collect your pension, Social Security benefits, dividends, etc. and will open an account in their name to administer your money for your "care and benefit". However, you will never know how your money is being spent as you are not allowed to see bank statements or reconciliations. They are allowed to hire any 2 people they choose to help manage your care and estate. At the discretion of your Conservator, full time caregivers may be hired, and you will have no input as to whom your caregivers will be. Conservators are allowed to have a key to your home and access any time they choose. If your Conservator decides to place you into a facility, your home may be sold, but only with Court permission. However, as Conservators are considered the "eyes and ears of the Court", their requests are generally granted.

The Court can allow your Conservator to choose your doctors and make medical decisions for you. Should you attempt to challenge the authority of your Conservator, they can file a petition for another Court hearing. The Judge will advise you that possible fines and a threat of jail will follow if you do not obey the decisions of your Conservator.

If you believe the Conservatorship is unjust, you may want to contest it. If you do, BE PREPARED TO LOSE. As most estate attorneys familiar with Conservatorships will tell you, "Once you are in the system, it is almost impossible to get out." Contested Conservatorships are rarely dismissed. Once under Conservatorship, your only recourse is to ask for a trial, but the cost will be between $50,000 and $100,000 with no guarantees. In lieu of a trial, the Judge may order you to take the less costly route of mediation.

Mediation is an informal way for all parties to come to an agreement regarding your future. Mediation is NOT TO REMOVE YOUR CONSERVATORSHIP, it is only for all parties to agree on the terms of which you are going to live. The mediator (an independent attorney) will confer with all parties involved. The petitioning party will state their demands regarding how and where they want you to live and anyone opposing the Conservatorship will fight for your freedom. During mediation, you will have little to no input as to the decisions other people will make about your life. Mediation can easily last a full day.

To give you an idea of what mediation costs, here is an EXAMPLE: Lets assume that there are 5 attorneys involved. This is not an exaggeration. You will pay for your attorney, the opposing attorney, the Court-appointed attorney, the Conservator's attorney and the mediator. Each attorney charges $300.00 per hour*. The mediation lasts for 5 hours. You are required to pay the hourly rate for your Conservator to attend. Their average rate is between $50.00 and $75.00 per hour. You will have to pay the hourly rate for any expert witnesses, regardless of which side they are testifying for and all Court costs.

After mediation ends, the five attorneys will confer with each other by telephone and correspondence, advise their clients and charge it all back to you, the Conservatee. Lastly, you may attend more than one mediation hearing to decide various matters or if no settlement can be reached.

*This is only an estimate. Many attorneys charge $400.00 or more per hour.

WHAT IS THE JOB OF A CONSERVATOR?

The Conservator's job is for the "care and benefit" of the Conservatee. They are responsible to determine the Conservatee's needs and to develop an overall plan for day-to-day activities, decide where the Conservatee will live, and oversee medical care. They are to ensure their Conservatee is in the least restrictive environment and what is in their best interest. They are to consider the Conservatees feelings and wishes.

WHAT IS AN ABUSIVE CONSERVATORSHIP?

SAC, NOW is familiar that many Conservators abuse their Conservatee and the system that was created to protect them. SAC, NOW considers the following to be all too frequent abuses by Conservators:

• Conservators that steal the Conservatees money for their own gain and benefit.
• Conservators that do not adhere to the law requiring the Conservatees wishes must be considered.
• Conservators who support the requests of the petitioning party when it is against the wishes of the Conservatee.
• Conservators that conspire with unscrupulous family members to attempt to influence psychiatrists or psychologists to support the Conservatorship to have the Conservatee declared incompetent.
• Conservators not responding in a timely manner to a doctor or hospital regarding consent for Conservatee's medical care.
• Conservators with no medical knowledge refusing consent for medication for the Conservatee.
• Conservators denying information to family members regarding the Conservatee's physical, emotional, or mental well being.
• Conservators that force Conservatee's to visit doctors that are unnecessary, unwanted and against the Conservatees will.
• Conservators that disregard Court Orders by neglecting to give Conservatee their monthly allowance.
• Conservators that close checking accounts without conferring with the Conservatee or their financial records regarding outstanding checks, which cause returned check fees, checks to bounce, late fees and bank charges, all of which the Conservatee pays for.
• Conservators that neglect to pay Conservatee's bills in a timely manner, causing life-saving services, such as gas, water, power and phones to be turned off.
• Conservators that submit unsubstantiated charges against the estate. After the Conservatee dies, the Conservator is mandated to provide a reconciliation for their work. They do not have to provide proof for all their charges before the Court.
• Conservators who are unwilling to state their hourly rate and the cost for all services performed in behalf of Conservatee.
• Conservators who hire caregivers and do not supervise the care their Conservatee is receiving.
• Conservators hiring caregivers as an agent for information to provide false testimony to be used against the Conservatee.
• Conservators that remove family pets from the Conservatee's home without justification.
• Conservators that charge for unannounced visits when Conservatee is not home.
• Conservators that side with petitioning parties to ensure permanent Conservatorship.
• Conservators bringing legal action against Conservatee for their unwillingness to comply with the demands of the Conservator.
• Conservators bringing legal action against their Conservatee to prohibit interaction with a family member or friend.
• The use of intimidation, threats or coercion against the Conservatee or family member to ensure the wishes of the Conservator and/or petitioning party are met.
• Conservators using threats or undue influence on Conservatee to persuade them to withdraw their opposition to their Conservatorship.
• Conservators filing false claims with Adult Protect Services against family members that oppose the Conservatorship.
• Conservators that neglect the wishes and needs of their Conservatee.

HOW YOUR MONEY IS BEING SPENT

Once an unwarranted Conservatorship has started it is to everyone's advantage, except yours, to keep it going. The Conservator is now on your payroll, with full access to your money. Here are some examples of charges that Conservators can bill you for.

These charges are just a few that were objected to and WERE COMPLETELY IGNORED BY THE COURT. Do you think a Conservator is against Conservatorship?

There can be additional petitions to the Court, more hearings, numerous phone calls, and an extraordinary amount of correspondence from attorneys, which is charged back to you. You continue to pay for all attorneys involved in your Conservatorship.

Please See Next Page >