Assemblyman Jim Beall, D-San Jose, said "immediate" action is also needed to stop conservators and trustees from billing an incapacitated adult's estate thousands of dollars more to defend their own fees in court.Beall's call for statewide change comes a day after Santa Clara County's top judges vowed reforms to rein in fees following an investigation by this newspaper. "Loss of Trust" uncovered how some court-appointed conservators are charging hourly rates up to $250, double what most courts allow. The newspaper's series this week found six-figure annual bills eating into the trusts of elderly and disabled adults who have no family or friends to care for their finances and daily needs.
Reading of the cases "just made me sick," said Beall, who has a developmentally disabled adult with a special-needs trust in his family. "We need to limit these rates and set up some parameters so we don't have people's life savings or their family's life savings drained away."
"Loss of Trust'' highlighted conservators and their attorneys charging extraordinary fees: A Portola Valley man's estate was billed $258,000 in a year, money he hoped to leave his mentally ill daughter; a Belmont dementia patient was charged $1,062 for the 8.5 hours that her conservator spent purchasing a gift and celebrating the woman's birthday.
Beall's office on Tuesday contacted the state's Judicial Council in his efforts to adopt statewide rules to cap court-overseen professionals' hourly rates. He said he will also pursue legislation in the fall to change a state law that holds the estates of dependent adults responsible for paying both sides of any legal fight arising from fee disputes.
Full Article and Source:
California Legislator Wants Conservator Fees Capped Throughout State
See Also:
The Mercury News' "Loss of Trust" Series (Anchor article)
8 comments:
From whta I see, CA appears to be the worst state for safety of the vullnerable elderly.
I am glad to se Beall stepping up to the plate on the fee issue. Does he intend to do more or is he just looking at fees because of all the heat caused from "Loss of Trust"?
Multiply these scams every county in every state nationwide: do the math.
Billing outrageous amounts for shopping? In fact, I've heard this many times before particularly from a walking talking former ward of Judge Randy Kennedy in Davidson County TN.
The conservator is a pro at this; she billed her ward's disability income for a birthday gift that was useless and the useless gift was 'handmade' by a FRIEND OF THE CONSERVATOR!!! Ms. Conservator has 88 other open active cases - do the math folks.
The ward was on a STARVATION diet in a group home, the ward needed the money for food, not a useless piece of junk. The ward did not have fresh vegetables or fruit the entire time she was forced to live at the g roup home....no, the residents were forced to eat a diet of cheap canned processed food.
This is a national disgrace a national problem that needs to be exposed. We need courageous reporters, brave press, we need truthseekers to join the movement to stop this madness.
"Loss of Trust'' highlighted conservators and their attorneys charging extraordinary fees: A Portola Valley man's estate was billed $258,000 in a year, money he hoped to leave his mentally ill daughter; a Belmont dementia patient was charged $1,062 for the 8.5 hours that her conservator spent purchasing a gift and celebrating the woman's birthday.
I hope this is good news and not just show.
So what else is new?
The New York Daily News ran a series in 2001 entitled "Milking the Helpless." In one article they showed a guardian billed $1,275 for taking a client out for ice cream!
And we thought it would end!
It's grown and grown and has swept across the country like an epidemic - of greed!
Sue raises a good point.....WHERE are the courageous reporters? Aren't there any new reporters looking to jump start their careers with a story sure to bring attention to this national travesty?
A cap is great, but how about if we just stop the corruption?
Caps are at least a good starting point. I hope to hear more coming out of Santa Clara County than caps.
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