California budget cuts could delay conservator reforms

The laws were part of a sweeping reform package signed by Gov. Arnold Schwarzenegger two years ago after a Los Angeles Times series had exposed theft, abuse and negligence by some professional conservators appointed to look after seniors.

State senators in a key legislative committee recently recommended suspending some of the reforms for a year, thereby saving $17.4 million. The money was intended to help probate courts improve supervision of conservators.

If Assembly members back the move, it will delay funding for the reforms for the second consecutive year. Last year, the governor vetoed the necessary funding, citing fiscal problems.

One of the authors of the reforms, Assemblyman Dave Jones (D-Sacramento), said he feared that further delays would leave more seniors and dependent adults vulnerable.

"I think that's a huge mistake and a huge step backward," Jones said. "A year is a very long time to allow conservators to potentially take advantage of the people they're supposed to be watching."

Conservators control the care and finances of adults, usually the elderly, whom probate courts deem to be incapable of caring for themselves or managing their own finances.

The 2005 Times investigation found that professionals often gained legal authority over elderly men and women without their consent, swiftly taking control of their lives and finances. Some conservators neglected or isolated their wards and ran up excessive fees. Probate courts, meanwhile, overlooked incompetence, neglect and theft.

The following year, the Legislature passed the most extensive overhaul of the conservatorship system in three decades. Professional conservators were required to become licensed and courts were told to bolster their oversight of appointees.

Courts were required to increase the frequency of visits by investigators to people under conservatorship; to make their investigations more thorough; and to conduct more intensive checks of the financial reports from conservators that show how they are managing clients' money.

The licensing plan, which takes effect July 1, will be funded through license fees charged to conservators and other fiduciaries. But court officials say they need additional state money to meet their reform requirements, which took effect last year.