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 AB 925 Page 2 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 AB 925 Page 3 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; AB 925 Page 4 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." AB 925 Page 5 Analysis Prepared by : Daniel Pone / JUD. / (916) 319-2334 FN: 0002654