In 2006, California began trying to protect some of our most vulnerable residents, those unable to care for themselves. Conservatory predators had preyed on the elderly for years until a bill by Assemblyman Dave Jones, D-Sacramento, was signed into law.
The Omnibus Conservatorship and Guardianship Reform Act of 2006, approved and signed into law by Gov. Schwarzenegger, delivered sweeping changes as to what rights the conservatee held over the conservator, such as control over salary, selection of a lawyer, making a will, making health care decisions, and fair treatment from the conservator, among many other stipulations.
Not even two years have passed and we're sorry to report that this law is yet another victim of the fiscal carnage coming out of Sacramento.
Courts throughout the state are now required to conduct conservator investigations each year and pursue complaints of conservator abuse, which is what should be happening.
In turn, the costs are rising and the state is not coming through. This forces state courts to either dip into reserves or spread cases to overloaded workers and investigators.
Ironically, it was Schwarzenegger who vetoed $17.4 million to fund the reviews amid a budget crunch. Now, because it's likely that things are getting worse, legislators want to delay funding for yet another year and allow courts to not comply with the law, thus going back to where we were in the first place.
This is wrong. The Legislature has passed a law but now won't fund it. That's fiscally irresponsible.
This law goes a long way toward ensuring that the elderly and the vulnerable gain protection. We understand that education could be chopped and that health care reform is being put off, and many services face some tough decisions, but we're talking about a part of our population who can't stand up for themselves. ...
Besides, $17 million is a drop in the bucket in a $140 billion budget.
This editorial first appeared in the Contra Costa Times on Wednesday.
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