BILL ANALYSIS
AB 925
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 925 (Hertzberg)
As Amended August 24, 1999
Majority vote
ASSEMBLY: 71-7 (June 1, 1999) SENATE: 24-13
(August 26, 1999)
Original Committee Reference: JUD.
SUMMARY : Creates a Statewide Registry (Registry) for private
conservators and guardians. Specifically, this bill among other
things:
1)Requires the Department of Justice (DOJ) to maintain a
Registry, and to make all information in the Registry
available to the court for any purpose, but to otherwise keep
such information confidential.
2)Requires all persons who wish to serve as a conservator or
guardian or who are currently serving as a conservator or
guardian to register with the Registry and re-register every
three years thereafter, and to file a signed declaration with
the Registry that includes the following information: a) full
name; b) professional name, if different from above; c)
business address; d) business telephone number or telephone
numbers; e) his or her educational background and professional
experience, including verification of any college or graduate
degree claimed; f) the names of the conservator's or
guardian's current conservatees; g) the aggregate dollar value
of all assets currently under the conservator's or guardian's
supervision; and, h) whether he or she has ever been removed
for cause or resigned as conservator or guardian in a specific
case, the circumstances of that removal or resignation, and
the case names, court locations, and case numbers.
3)Provides the Registry may disclose to the public, upon
request, the following information: a) whether an individual
is or is not registered with the Registry; and, b) the
educational background and professional experience of a
conservator or guardian registered with the Registry.
4)Allows DOJ to charge a reasonable fee to persons registering
with the Registry for the cost of that registration, and
requires DOJ to issue a certificate of registration to each
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registrant.
5)Requires each court clerk to forward a copy of any complaint
filed with that court, and found to be meritorious by that
court, against a conservator or guardian in her or her
capacity as a conservator or guardian for inclusion in the
Registry. It also requires the Registry to place any copies
of those complaints in the file of that conservator or
guardian.
6)Prohibits a court from appointing a person as a conservator or
guardian unless that person is registered with the Registry.
It also requires a court, in appointing a person as a
conservator or guardian, to examine and consider the
information contained in the Registry for that person prior to
the appointment.
7)Requires any court, that removes a conservator or guardian for
cause and any court that has accepted the resignation of a
conservator or guardian, shall notify the Registry of that
removal and the reason therefor.
8)Provides that any person serving as a conservator or guardian
prior to January 1, 2000, who does not register with the
Registry by either January 1, 2001, or by the next required
court review of the conservatorship or guardianship, whichever
is sooner, shall be removed as a conservator or guardian by
the court.
9)Provides that a conservator or guardian who does not register,
commits fraud in registering, falsely asserts that he or she
is registered, or makes false claims or representations as to
the nature of his or her file contained in the Registry, shall
be subject to a $200 fine for the first violation and a $500
fine for each subsequent violation. The fines are to be
assessed and collected in a civil action brought by DOJ and
deposited into the General Fund (GF).
The Senate amendments :
1)Require DOJ, rather than the Health and Welfare Data Center
(Center), to maintain the registry and be responsible for
enforcement actions.
2)Add the requirement that persons who are registered must
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re-register with DOJ every three years.
3)Require persons seeking to register to file a signed
declaration, rather than filing under penalty of perjury, and
to include in the declaration the following additional
information:
a) The names of the conservator's or guardian's current
conservatees; and,
b) The aggregate dollar value of all assets currently under
the conservator's or guardian's supervision.
4)Provide that a person who signs such a declaration asserting
the truth of any material matter which he or she knows to be
false is guilty of a misdemeanor punishable by imprisonment
for up to one year in county jail, or a fine or not more than
$2,000, or both that fine and imprisonment
5)Require that all civil penalties collected under this
legislation shall be deposited in the GF, rather than a
separate Statewide Registry Fund.
EXISTING LAW prohibits a superior court from appointing a
private professional conservator or guardian unless they:
1)Register with the county clerk.
2)Have submitted a self-certified background check.
3)Annually file the following information:
a) Their educational background and professional
experience;
b) At least three professional references;
c) The names of the conservator's or guardian's current
conservatees or wards;
d) The aggregate dollar value of all assets currently under
the conservator's or guardian's supervision;
e) The addresses and telephone numbers for his or her place
of business and place of residence;
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f) Whether he or she has ever been removed for cause or has
resigned, and the circumstances causing that removal or
resignation, including the case names, court locations, and
case numbers; and,
g) The case names, court locations, and case numbers of all
their closed cases.
AS PASSED BY THE ASSEMBLY , this bill created a Registry for
private conservators and guardians that was to be maintained by
the Center.
COMMENTS : This bill would create a Registry to provide better
communication between counties regarding the qualifications of
private conservators and guardians. It will also allow the
public access to basic information about private conservators
and guardians, in order to assist them in making decisions about
selecting such individuals and to help guard against the abuse
of elderly and other vulnerable Californians.
Under current law, conservators and guardians must register with
the court clerk for the county in which they seek to be
appointed. There are no educational or professional
requirements for registry. Conservators and guardians are
required to annually file certain information with the court
regarding their background, including educational and
professional experience and whether they have ever been removed
for cause in, or resigned from, a case. This information is for
the court's use only.
According to the author, "a glaring flaw in the present system
is that there is no communication between counties regarding the
qualifications or credibility of those who are registered. Many
conservators and guardians are registered in more than one
county. If a conservator is registered in Los Angeles and
Riverside Counties and is removed for cause in Los Angeles
County, Riverside County would never know. This lack of
coordination prevents a court from accessing essential
information when deciding whether to appoint a conservator or
guardian. A Statewide Registry would enable courts to access
detailed information from throughout the state about a
conservator or guardian before they make an appointment."
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Analysis Prepared by : Daniel Pone / JUD. / (916) 319-2334
FN: 0002654