With Santa Clara County's top judges promising reform, advocates for the elderly and local probate attorneys on Monday called for swift action to stop court-appointed estate and care managers from charging excessive fees to the dependent adults they serve.The reaction comes after "Loss of Trust," a two-day series in this newspaper, highlighted cases of private conservators and trustees submitting six-figure bills to incapacitated adults under the court's watch. In some cases, they are charging lofty hourly rates that are double what's allowed in neighboring counties.
The Superior Court on Monday vowed changes within weeks. "Not years, not months, but weeks," said Assistant Presiding Judge Brian Walsh.
"We are not going to stand for our most vulnerable being taken advantage of -- period."
Presiding Judge Richard Loftus and top probate Judge Thomas Cain have been surveying courts up and down the state for solutions since the newspaper approached the bench months ago with early findings of its investigation.
The changes won't come soon enough, said elder rights advocate Pat McGinnis, executive director of the nonprofit California Advocates for Nursing Home Reform. She said "there's no justification" for six-figure bills that deplete life savings, like the ones highlighted in "Loss of Trust."
Full Article and Source:
Santa Clara County Judges Vow Limits on Conservator Fees Within Weeks
See Also:
The Mercury News' "Loss of Trust" Series (Anchor article)
8 comments:
Remember, one can charge $75 and hour and make as much as charging $200 an hour by creating busywork.
Let's hope this really happens, and happens soon.
Once people realize the protection industry: guardianships and conservatorship is unregulated big business then we have a chance to change business as usual. Big surprise this is going on for a long time many were complaining to who? complainants were turned away, it's in the court, where is the exit door? So the abuse goes on.
Finally people who can make a difference are listening, they get it, they believe what they hear and then they go digging for the evidence - there it is.
Media and the press is a key component to get the truth out, to force those in power to address the issues and do something about all the wrongdoing.
NASGA members nationwide tried and are trying to expose the dark side.
We need hearings from those who have been harmed. How to accomplish this is the issue as the guardians and conservators would need to allow their ward to attend a hearing to complaint about the guardian or conservator.
Any ideas as to how to get to the victim?
business as usual only this time they got caught if anyone dedicated themselves going through the case files for audit and review i strongly suggest to prepare yourself and always remember how the process works when a person is stripped of their rights and all they own first thing the appointed guardian or conservator does is seize all property, bank accounts, income, mail change the locks on the residence whatever is inside the residence now belongs to the conservator for inventory based on honesty ever notice no one finds a stash of cash? in the residence that right there is a big red flag when this system was born how many years ago there was always areas for hiding money and property so easy to do all this generates mega bucks but that's not enough then comes the outrageous billing and billings with 'errors' oooops over billing - overbilling error my *** it's intentinal do the math 88 cases do the math per month
It apparently takes the sunshine of the media to get something done in Santa Clara County. How many families have complained and complained and complained -- only to deaf ears?
Yes Debbie the power of the press and the courage of the reporters to give the victims a voice, to question who knew, what they knew and what if anything they did about it.
I just found your blog and this fantastic series. Thank you NASGA. I'll be joining you tonight!
I'm writing on August 8th. Does anyone know if anything has been done subsequent to the Mercury News investigative report? Has the judge made any efforts and are they getting any traction?
Just wondering if this is going to actually happen.
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