Saturday, May 10, 2008

Court Work Overload

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.

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.

Los Angeles Superior Court had a severe backlog of conservatorship investigations even before the Omnibus Conservatorship and Guardianship Act last year forced courts to check up on each case every year rather than every two years.

Now, to comply with the law, the courts must fend for themselves - either by taking money from elsewhere or heaping extra duties on existing staff members.

Source:
Protective laws create court work overload

See also:
Guardianship Legislation

1 comment:

  1. This is very bad news for the Wards of the State of California. Many cases of guardianship abuse, fraudulent billing and embezzlement will slip through the huge cracks, allowing for the abuse to continue and multiply.

    Most probate courts around our country are underfunded and understaffed with no monitoring or oversight, leading to "open season" on the Wards and their assets.

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