Public guardians are better equipped to protect the assets of the elderly dependents and adults in their care under a new law by Assemblyman Rich Gordon that gives them authority over trusts and more time to prepare for a conservatorship hearing.
Gordon, D-Menlo Park, said his bill, signed into law last month, will protect senior citizens and dependents from financial abuse by closing probate loopholes and giving the public guardian more power. In a nutshell, the bill expands the scope of the public guardian to include control of assets held in financial trusts and extends from 15 to 30 the number of days for temporary possession of property.
“More time for investigation of cases is important because they can be complex and with staff cutbacks there is a lot more work,” Gordon said.
The extra time gives public guardians a better opportunity to find the assets, get them secured and set a hearing date for a conservatorship program, Gordon said.
Prior to Gordon’s bill, the public guardian had no authority to protect assets held in trust accounts, a growing trend by people hoping to avoid the challenges of sorting out wills. This loophole, plus the desire for more time, led Aging and Adult Services of Santa Clara County to ask him for help, Gordon said.
The public guardian and public conservatorship program is meant to serve the frail elderly and adults with physical or mental disabilities leaving them unable to manage their own finances or avoid fraud and undue influence. Probate conservatorships are also used for younger individuals with mental impairments.
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New Law Aims to Protect Seniors from Fraud
5 comments:
Well, that's going to make reform all the more tougher, isn't it?
Great just what the future wards need is more ways for the guardianship industry to strip them of their freedom and property. Good luck you people in California b'cause you're gonna need truck loads of it b'cause no one will be able to help you or get you freed from their grips.
The idea of PG's having even more power is frightening.
And how would I be able to hire a lawyer of my choosing if THEY are in control of my assets BEFORE I GET ANY NOTICE?
No authority to "protect" assets in trusts before? That never stopped the Public Guardian in my Dad's case. They just told the Judge that my Dad used to have a trust years ago but not any more... Wink Wink. Just like that, the money suddenly became conservatorship assets and the Public Guardian started charging fees for their "services". How nice of Gordon to make it easier on them. Unbelievable!
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