Conservators and guardians: personal rights of conservatees.

June 12, 2013

Just recently the Assembly approved Bob Wieckowski Bills concerning the personal rights of conservatees.

On May 16, 2013, the California State Assembly approved three bills and a resolution authored by Assemblymember Bob Wieckowski, a Democrat representing the 25th District in Fremont, including items to protect the rights of conservatees and urge congressional action on student loan debt. All four measures now head to the state Senate.

The purpose of AB 937, which was overwhelmingly approved 68-3, is to protect conservatees from conservators who are overstepping their bounds.

A California conservatorship exists when a judge appoints a responsible person or other entity to care for an adult who can no longer manage their own financial matters or care for themselves. After a conservator is appointed by a court, he or she is responsible for the conservatee's protection and care as well as the management of the individual's assets.

"Some conservators have interpreted their power of having 'the care, custody, and control of' a conservatee to mean absolute control," Wieckowski said. "They completely isolate the conservatee from the outside world - no phone calls and no personal letters from a partner, family members or friends. This bill would prevent that."

AB 937 states that unless a court has ordered otherwise, a conservatee keeps the right to receive phone calls, personal mail and visits from family and friends. The bill is supported by long term care ombudsmen across the state.

If you feel someone close to you would benefit from a knowledgeable conservatorship attorney please call our offices at (310) 914-3222 in Los Angeles or (818) 787-1011 in Westlake Villge.

 
Consumer Attorneys Association of Los Angeles Berely Hills Bar Association Los Angeles County Bar Association State Bar of California DC Bar