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May 7, 2008

Guardianship/Conservatorship Laws Create Work Overload (California)

Protective laws create court work overload
By Brandon Lowrey, Staff Writer
Article Launched: 05/05/2008 10:07:47 PM PDT

New laws that protect those who can't care for themselves from being bilked by conservators are swamping California's court system amid a lack of state funding that is forcing many courts to tap into already thin reserves to handle the increased workload.

The laws took effect last July and have nearly doubled the number of conservatorships the courts have to investigate each year - including 10,000 in Los Angeles County alone.

But last year the governor vetoed $17.4 million to fund the reviews amid a budget crunch, and legislators are recommending yet another delay in funding this year.

The result: Los Angeles County Superior Court is spending $30,000 a month in reserve funds on overtime and contract work to keep up with case reviews.

And court officials have begun to warn that with more than 3.5 million elderly residents in California - the most of any other state in the nation - they can't keep that up for long.

"It's not a pretty scenario if we no longer have the ability to commit reserves to pay for it," said court spokesman Allan Parachini. "If the legislature does not come up with the money to put the reforms into effect this time, we're not entirely sure how we can sustain it."

Now, even while court and state officials praise the law for protecting the elderly, a pitched battle is heating up as some are calling for the courts not to be forced to comply with the law for the time being.

Courts grant conservatorships if an adult is ruled incapable of taking caring of themselves. Such rulings often give conservators vast power - including control of money, health decisions and living arrangements.

While most conservators treat their wards well, there have been cases in which a caretaker has taken advantage.

Abridged
SOURCE: WhittierDailyNews
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DISCLAIMER

Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty.

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