I have attached below a clip from the Governor’s fact sheet discussing the new proposed California CARE Court. I added the yellow. These are difficult situations and issues. Any proposed improvement is welcome. I note, however, that when the Legislature works on this legislation they consider that this proposal sounds very close to a conservatorship or a limited conservatorship. It would be a State action (legislation and Court) that limits or restricts a person’s freedoms and personal decision making, and also that perhaps results in forced or ordered medications and living conditions.

Several California cases have addressed some of the issues and rights in conservatorship cases – the proposed conservatee is entitled to have legal counsel, and legal counsel of the proposed conservatee’s choice, and a jury trial. Additionally, the medical diagnosis and the name of the medical diagnosis are not determinative of whether or not the conservatorship will be granted or the powers and restrictions that are ordered – instead, the questions pertain to the proposed conservatee’s actual abilities and limitations, and need, or not, for help. Any conservatorship ordered must be the least restrictive possible, and the alternatives must be considered. The conservatorship also must be reviewed annually or more often. See also my post about the recent enactment of Assembly Bill No. 1194 including burden of proof and other issues https://wordpress.com/post/californiaestatetrust.com/2367

The following is the clip from the Governor’s fact sheet discussing the new proposed California CARE Court.

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Best to you,

David Tate, Esq. (and inactive CPA)

• Litigation, Disputes and Trials – Business, Contract/Commercial, Owner, and Founder; and Trust, Estate, Elder/Dependent Abuse, Conservatorships, POA, Real Property, Health and Care, Contentious Administrations, etc.
• Mediator
• D&O, Governance, Workplace, Boards, Committees, and Executives, Investigations, Internal Controls and Auditing, Law, Laws and Legislation, Responsibilities and Duties, Rights, Liability, and Damages, etc.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that doesn’t mean that I don’t or might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing as an attorney in California only.