WEBVTT NOTE duration:"00:13:40.1160000" NOTE language:en-us NOTE Confidence: 0.9048047 00:00:05.100 --> 00:00:07.458 I think what my case exemplifies, NOTE Confidence: 0.9048047 00:00:07.460 --> 00:00:10.218 that is the impossibility of getting help. NOTE Confidence: 0.9048047 00:00:10.220 --> 00:00:13.364 There is simply no way to get help NOTE Confidence: 0.9048047 00:00:13.370 --> 00:00:16.134 of phone call on July 2nd, 2010. NOTE Confidence: 0.9048047 00:00:16.134 --> 00:00:19.280 Changed the course of Linda's life. I was NOTE Confidence: 0.9048047 00:00:19.280 --> 00:00:20.462 just freaking out. NOTE Confidence: 0.9048047 00:00:20.462 --> 00:00:22.826 I just I couldn't believe it. NOTE Confidence: 0.8736229 00:00:28.390 --> 00:00:30.427 July 2nd she called me just out NOTE Confidence: 0.8736229 00:00:30.427 --> 00:00:32.760 of the blue. I get this phone call NOTE Confidence: 0.8736229 00:00:32.760 --> 00:00:34.762 from my mother, Linda's mother who had NOTE Confidence: 0.8736229 00:00:34.762 --> 00:00:36.250 started showing signs of dementia, NOTE Confidence: 0.8736229 00:00:36.250 --> 00:00:38.426 was able to use her cell phone to NOTE Confidence: 0.8736229 00:00:38.426 --> 00:00:40.568 tell her daughter she had been taken NOTE Confidence: 0.8736229 00:00:40.568 --> 00:00:42.938 out of her home and placed in an NOTE Confidence: 0.8736229 00:00:42.940 --> 00:00:43.792 assisted living facility. NOTE Confidence: 0.8736229 00:00:43.792 --> 00:00:45.496 Get down there and the facility NOTE Confidence: 0.8736229 00:00:45.496 --> 00:00:47.007 is saying you're not allowed NOTE Confidence: 0.8736229 00:00:47.010 --> 00:00:49.047 to see, or you can't go in. NOTE Confidence: 0.8736229 00:00:49.050 --> 00:00:50.505 Linda believes her mother had NOTE Confidence: 0.8736229 00:00:50.505 --> 00:00:51.960 been targeted because of her NOTE Confidence: 0.8736229 00:00:51.960 --> 00:00:52.833 wealth and dementia. NOTE Confidence: 0.8736229 00:00:52.833 --> 00:00:54.870 Her tax preparers went to her house, NOTE Confidence: 0.8736229 00:00:54.870 --> 00:00:56.514 broken the door, took her out NOTE Confidence: 0.8736229 00:00:56.514 --> 00:00:58.360 and hit her in a facility. NOTE Confidence: 0.8736229 00:00:58.360 --> 00:00:59.920 I have a photograph of. NOTE Confidence: 0.8736229 00:00:59.920 --> 00:01:01.943 The wood of the door frame splintered NOTE Confidence: 0.8736229 00:01:01.943 --> 00:01:04.087 where the dead bolt broke through the NOTE Confidence: 0.8398328 00:01:04.090 --> 00:01:05.902 wood. The tax repair admitted to NOTE Confidence: 0.8398328 00:01:05.902 --> 00:01:07.449 force entry during this deposition NOTE Confidence: 0.8398328 00:01:07.449 --> 00:01:09.460 given to us by Linda well, you NOTE Confidence: 0.8398328 00:01:09.460 --> 00:01:12.470 broke into the home, right? NOTE Confidence: 0.8398328 00:01:12.470 --> 00:01:14.241 I broke the frame and there was NOTE Confidence: 0.8398328 00:01:14.241 --> 00:01:16.007 there was a locked door that NOTE Confidence: 0.8398328 00:01:16.007 --> 00:01:17.885 you pushed hard enough that the NOTE Confidence: 0.8398328 00:01:17.885 --> 00:01:20.670 door opened, correct? Correct in NOTE Confidence: 0.86372685 00:01:20.670 --> 00:01:22.686 her deposition, she said she forced NOTE Confidence: 0.86372685 00:01:22.690 --> 00:01:24.386 entry to help Linda's mother. NOTE Confidence: 0.86372685 00:01:24.386 --> 00:01:26.748 Carol moved because it was an unsafe NOTE Confidence: 0.86372685 00:01:26.750 --> 00:01:29.109 environment for Carol and the man she NOTE Confidence: 0.86372685 00:01:29.109 --> 00:01:32.160 lived with at the time was abusive to her, NOTE Confidence: 0.86372685 00:01:32.160 --> 00:01:34.458 but court documents say that Carol and NOTE Confidence: 0.86372685 00:01:34.458 --> 00:01:36.282 her companion had resided together for NOTE Confidence: 0.86372685 00:01:36.282 --> 00:01:38.579 years and had treasured moments together. NOTE Confidence: 0.86372685 00:01:38.580 --> 00:01:40.584 Linda told ABC 10 her mother's NOTE Confidence: 0.86372685 00:01:40.584 --> 00:01:42.300 partner was not abusive ever, NOTE Confidence: 0.86372685 00:01:42.300 --> 00:01:45.333 and that he and her mother adored each other. NOTE Confidence: 0.86372685 00:01:45.340 --> 00:01:46.688 Have you ever, during NOTE Confidence: 0.86372685 00:01:46.690 --> 00:01:47.710 the time that NOTE Confidence: 0.86372685 00:01:47.710 --> 00:01:49.768 you were with Carol you ever NOTE Confidence: 0.86372685 00:01:49.768 --> 00:01:51.606 struck her? Never ever abused NOTE Confidence: 0.86372685 00:01:51.606 --> 00:01:54.288 her in any way, never five days NOTE Confidence: 0.87650084 00:01:54.290 --> 00:01:57.346 after Linda's mother was taken from her home. NOTE Confidence: 0.87650084 00:01:57.350 --> 00:01:59.255 Her estate planning documents were NOTE Confidence: 0.87650084 00:01:59.255 --> 00:02:01.975 changed and she was placed under the NOTE Confidence: 0.87650084 00:02:01.975 --> 00:02:03.866 conservatorship of a step granddaughter, NOTE Confidence: 0.87650084 00:02:03.866 --> 00:02:05.778 someone of no blood relation, NOTE Confidence: 0.87650084 00:02:05.778 --> 00:02:07.309 Linda, her only daughter, NOTE Confidence: 0.87650084 00:02:07.310 --> 00:02:10.398 said she had no idea any of this NOTE Confidence: 0.87650084 00:02:10.398 --> 00:02:13.058 happened until a month later when her NOTE Confidence: 0.87650084 00:02:13.060 --> 00:02:14.209 mom called her. NOTE Confidence: 0.87650084 00:02:14.210 --> 00:02:16.078 You can't mentale process NOTE Confidence: 0.87650084 00:02:16.078 --> 00:02:18.413 something like this can happen. NOTE Confidence: 0.87650084 00:02:18.420 --> 00:02:19.728 You know people at the time NOTE Confidence: 0.87650084 00:02:19.728 --> 00:02:21.266 when asked me what country was NOTE Confidence: 0.87650084 00:02:21.266 --> 00:02:22.498 she in Southern California? NOTE Confidence: 0.85856587 00:02:24.940 --> 00:02:26.944 Linda said she had no access NOTE Confidence: 0.85856587 00:02:26.944 --> 00:02:29.140 to her mom for 15 months, NOTE Confidence: 0.85856587 00:02:29.140 --> 00:02:31.590 allowing the door for abuse to occur. NOTE Confidence: 0.85856587 00:02:31.590 --> 00:02:33.612 Court documents say her mother wanted NOTE Confidence: 0.85856587 00:02:33.612 --> 00:02:35.789 to have visits from her daughter. NOTE Confidence: 0.85856587 00:02:35.790 --> 00:02:37.370 These documents also show the NOTE Confidence: 0.85856587 00:02:37.370 --> 00:02:39.386 facility she was placed in were NOTE Confidence: 0.85856587 00:02:39.386 --> 00:02:41.654 instructed not to allow any visitors NOTE Confidence: 0.85856587 00:02:41.654 --> 00:02:43.140 besides the conservatore, so NOTE Confidence: 0.85856587 00:02:43.140 --> 00:02:44.890 ours was no visitation for NOTE Confidence: 0.85856587 00:02:44.890 --> 00:02:46.990 about 15 months than we did. NOTE Confidence: 0.85856587 00:02:46.990 --> 00:02:48.885 Finally get limited visitation and NOTE Confidence: 0.85856587 00:02:48.885 --> 00:02:51.538 when we got into see or it was, NOTE Confidence: 0.85856587 00:02:51.540 --> 00:02:53.990 she didn't know who I was anymore. NOTE Confidence: 0.85856587 00:02:53.990 --> 00:02:55.900 At that point she was. NOTE Confidence: 0.85856587 00:02:55.900 --> 00:02:58.090 Skin and bones and we found NOTE Confidence: 0.85856587 00:02:58.090 --> 00:02:59.850 out in litigation that she NOTE Confidence: 0.87554723 00:02:59.850 --> 00:03:01.878 wasn't getting fed. Linda says her NOTE Confidence: 0.87554723 00:03:01.878 --> 00:03:03.668 mom was abused financially physically NOTE Confidence: 0.87554723 00:03:03.668 --> 00:03:05.948 and she believes even sexually people NOTE Confidence: 0.87554723 00:03:05.950 --> 00:03:08.110 say, well, can you prove this? NOTE Confidence: 0.87554723 00:03:08.110 --> 00:03:10.616 Well, no, I wasn't in the room. NOTE Confidence: 0.87554723 00:03:10.620 --> 00:03:12.410 I didn't see it happen. NOTE Confidence: 0.87554723 00:03:12.410 --> 00:03:14.570 I can't prove that it happened, NOTE Confidence: 0.87554723 00:03:14.570 --> 00:03:16.330 but there are facility records NOTE Confidence: 0.87554723 00:03:16.330 --> 00:03:18.515 showing that my mom had vaginal NOTE Confidence: 0.87554723 00:03:18.515 --> 00:03:20.305 bleeding over a period of NOTE Confidence: 0.87554723 00:03:20.310 --> 00:03:22.110 time. Linda's mother had a NOTE Confidence: 0.87554723 00:03:22.110 --> 00:03:23.538 hysterectomy. Prior to this, NOTE Confidence: 0.87554723 00:03:23.540 --> 00:03:26.417 there are records, both from the facility. NOTE Confidence: 0.87554723 00:03:26.420 --> 00:03:28.681 And for Hospice Ann from Kaiser showing NOTE Confidence: 0.87554723 00:03:28.681 --> 00:03:31.152 that my mother went by ambulance to NOTE Confidence: 0.87554723 00:03:31.152 --> 00:03:33.306 the emergency room for vaginal bleeding NOTE Confidence: 0.87554723 00:03:33.372 --> 00:03:35.350 shortly after the bleeding, Linda NOTE Confidence: 0.8449927 00:03:35.350 --> 00:03:37.485 says the facility terminated a male NOTE Confidence: 0.8449927 00:03:37.485 --> 00:03:39.630 caregiver that worked alone at night. NOTE Confidence: 0.8449927 00:03:39.630 --> 00:03:42.486 There are these records where everyone has to NOTE Confidence: 0.8449927 00:03:42.490 --> 00:03:45.338 fill out what they did at what time, NOTE Confidence: 0.8449927 00:03:45.340 --> 00:03:48.908 and it shows who was on what shift. NOTE Confidence: 0.8449927 00:03:48.910 --> 00:03:51.745 When we were in discovery and we were trying, NOTE Confidence: 0.8449927 00:03:51.750 --> 00:03:53.969 we were requesting records from the facility. NOTE Confidence: 0.8449927 00:03:53.970 --> 00:03:56.035 We want all of your care records NOTE Confidence: 0.8449927 00:03:56.035 --> 00:03:58.072 for this time period. Like, well, NOTE Confidence: 0.8449927 00:03:58.072 --> 00:04:00.600 they can't find the records for the six NOTE Confidence: 0.84374654 00:04:00.600 --> 00:04:02.180 weeks before she went to NOTE Confidence: 0.84374654 00:04:02.180 --> 00:04:03.760 the ER in a deposition. NOTE Confidence: 0.84374654 00:04:03.760 --> 00:04:05.020 When questioned about sexually NOTE Confidence: 0.84374654 00:04:05.020 --> 00:04:05.965 assaulting Linda's mother, NOTE Confidence: 0.84374654 00:04:05.970 --> 00:04:07.866 the male caregiver pled the 5th. NOTE Confidence: 0.84374654 00:04:07.870 --> 00:04:09.916 Have you ever been alone with NOTE Confidence: 0.84374654 00:04:09.916 --> 00:04:12.729 Carol Hahn in a restroom facility? NOTE Confidence: 0.84374654 00:04:12.730 --> 00:04:14.560 Again, I'm going to direct NOTE Confidence: 0.84374654 00:04:14.560 --> 00:04:16.024 the witness to assert NOTE Confidence: 0.8574196 00:04:16.030 --> 00:04:17.128 his Fifth Amendment NOTE Confidence: 0.8574196 00:04:17.130 --> 00:04:18.602 privilege against self incrimination. NOTE Confidence: 0.8574196 00:04:18.602 --> 00:04:20.800 Well, they lose the care records. NOTE Confidence: 0.8574196 00:04:20.800 --> 00:04:22.640 They terminate the male caregiver, NOTE Confidence: 0.8574196 00:04:22.640 --> 00:04:24.470 and they really quickly transfer NOTE Confidence: 0.8574196 00:04:24.470 --> 00:04:26.678 my mom out to another facility. NOTE Confidence: 0.8574196 00:04:26.680 --> 00:04:29.116 The new facility is where Linda's mother NOTE Confidence: 0.8574196 00:04:29.116 --> 00:04:31.807 passed away in 2013 following her death, NOTE Confidence: 0.8574196 00:04:31.810 --> 00:04:33.650 Linda sued multiple people involved, NOTE Confidence: 0.8574196 00:04:33.650 --> 00:04:35.118 including her mothers conservatore NOTE Confidence: 0.8574196 00:04:35.118 --> 00:04:37.320 and the care facility for assault, NOTE Confidence: 0.8574196 00:04:37.320 --> 00:04:38.421 negligence and intentional NOTE Confidence: 0.8574196 00:04:38.421 --> 00:04:39.889 infliction of emotional distress. NOTE Confidence: 0.8574196 00:04:39.890 --> 00:04:41.750 It remains the longest civil NOTE Confidence: 0.8574196 00:04:41.750 --> 00:04:43.610 trial in San Bernardino County. NOTE Confidence: 0.8574196 00:04:43.610 --> 00:04:46.426 And while the jury found in Linda's favor, NOTE Confidence: 0.8574196 00:04:46.430 --> 00:04:47.830 the judge declared a NOTE Confidence: 0.85676175 00:04:47.830 --> 00:04:49.238 mistrial after releasing one NOTE Confidence: 0.85676175 00:04:49.238 --> 00:04:51.000 of the jurors. Linda said NOTE Confidence: 0.85676175 00:04:51.000 --> 00:04:53.106 the trial alone cost around $1,000,000. NOTE Confidence: 0.85676175 00:04:53.110 --> 00:04:56.550 That's why they decided not to retry it. NOTE Confidence: 0.85676175 00:04:56.550 --> 00:04:59.030 The outcome of her mother's NOTE Confidence: 0.8687284 00:04:59.030 --> 00:05:00.518 conservatorship. Outraged Linda. NOTE Confidence: 0.88628733 00:05:02.540 --> 00:05:04.695 But the system is very broken NOTE Confidence: 0.88628733 00:05:04.695 --> 00:05:06.480 and the system will not NOTE Confidence: 0.88628733 00:05:06.554 --> 00:05:08.460 change until we, as citizens, NOTE Confidence: 0.88628733 00:05:08.460 --> 00:05:09.940 residents of California demand NOTE Confidence: 0.88628733 00:05:09.940 --> 00:05:11.420 that change. That's why NOTE Confidence: 0.88628733 00:05:11.420 --> 00:05:13.270 she co-founded the nonprofit Theater, NOTE Confidence: 0.88628733 00:05:13.270 --> 00:05:15.358 The Coalition for Elder and Disability NOTE Confidence: 0.88628733 00:05:15.358 --> 00:05:17.709 Rights with her partner Richard Calhoun. NOTE Confidence: 0.88628733 00:05:17.710 --> 00:05:19.971 Cedar was created in 2014 to promote NOTE Confidence: 0.88628733 00:05:19.971 --> 00:05:21.780 rights for California conservatives. NOTE Confidence: 0.88628733 00:05:21.780 --> 00:05:24.000 But trying to change the system NOTE Confidence: 0.88628733 00:05:24.000 --> 00:05:26.960 hasn't been easy. If you want to talk NOTE Confidence: 0.88628733 00:05:26.960 --> 00:05:28.416 about a lone wolf, NOTE Confidence: 0.88628733 00:05:28.416 --> 00:05:31.044 I walked these halls for the first NOTE Confidence: 0.88628733 00:05:31.044 --> 00:05:33.985 time on this topic on July 19th, 2010. NOTE Confidence: 0.88628733 00:05:33.985 --> 00:05:36.175 And everybody looked at me like NOTE Confidence: 0.88628733 00:05:36.175 --> 00:05:38.273 I was crazy in 2010, 11-12. NOTE Confidence: 0.88628733 00:05:38.273 --> 00:05:39.938 Nobody heard of the topic. NOTE Confidence: 0.88628733 00:05:39.940 --> 00:05:41.268 No one would believe NOTE Confidence: 0.8760578 00:05:41.270 --> 00:05:43.830 it. Today they are the few if only NOTE Confidence: 0.8760578 00:05:43.830 --> 00:05:45.269 conservatorship advocates in California, NOTE Confidence: 0.8760578 00:05:45.270 --> 00:05:47.594 let alone the United States person on NOTE Confidence: 0.8760578 00:05:47.600 --> 00:05:48.437 there for 3/5. NOTE Confidence: 0.8760578 00:05:48.437 --> 00:05:50.111 And now you're giving him a NOTE Confidence: 0.8760578 00:05:50.111 --> 00:05:51.260 fiduciary responsibility. NOTE Confidence: 0.8760578 00:05:51.260 --> 00:05:52.925 It doesn't take a rocket NOTE Confidence: 0.8760578 00:05:52.925 --> 00:05:53.930 scientist, and they're NOTE Confidence: 0.8760578 00:05:53.930 --> 00:05:55.595 well versed on nearly every NOTE Confidence: 0.8760578 00:05:55.595 --> 00:05:57.260 aspect of the complex field. NOTE Confidence: 0.8760578 00:05:57.260 --> 00:05:59.916 Their drive is sparked by their own trauma, NOTE Confidence: 0.8760578 00:05:59.920 --> 00:06:01.918 unlike the many others competing for NOTE Confidence: 0.8760578 00:06:01.918 --> 00:06:03.919 elected leaders attention. We will work NOTE Confidence: 0.8760578 00:06:03.920 --> 00:06:06.335 with anybody that will work with us. NOTE Confidence: 0.8760578 00:06:06.340 --> 00:06:07.990 But it is difficult work. NOTE Confidence: 0.8760578 00:06:07.990 --> 00:06:09.740 We're competing with lobbyist and NOTE Confidence: 0.8760578 00:06:09.740 --> 00:06:11.490 lobbyist are getting paid $1000 NOTE Confidence: 0.8760578 00:06:11.548 --> 00:06:13.258 an hour and we're getting paid NOTE Confidence: 0.8760578 00:06:13.258 --> 00:06:14.890 nothing and we're self funding. NOTE Confidence: 0.8760578 00:06:14.890 --> 00:06:17.200 Our expenses are joke is that their NOTE Confidence: 0.8760578 00:06:17.200 --> 00:06:19.168 suits cost more than our cars. NOTE Confidence: 0.8501262 00:06:21.630 --> 00:06:23.420 It's true, but when they NOTE Confidence: 0.8501262 00:06:23.420 --> 00:06:24.844 do get legislators attention NOTE Confidence: 0.8501262 00:06:24.844 --> 00:06:26.990 is proven to be powerful. The NOTE Confidence: 0.8501262 00:06:26.990 --> 00:06:28.775 stumbling block for Cedar has NOTE Confidence: 0.8501262 00:06:28.775 --> 00:06:30.560 been getting a elected official. NOTE Confidence: 0.8501262 00:06:30.560 --> 00:06:31.808 One of 40 senators, NOTE Confidence: 0.8501262 00:06:31.808 --> 00:06:33.680 or one of the 80 assembly NOTE Confidence: 0.8501262 00:06:33.756 --> 00:06:35.906 members to introduce our bills. NOTE Confidence: 0.8501262 00:06:35.910 --> 00:06:37.700 Once our bills are introduced, NOTE Confidence: 0.8501262 00:06:37.700 --> 00:06:39.480 they pass. They pass with NOTE Confidence: 0.8501262 00:06:39.480 --> 00:06:41.424 flying colors. Three out of the NOTE Confidence: 0.8501262 00:06:41.424 --> 00:06:43.410 four bills Cedar has sponsored. NOTE Confidence: 0.8501262 00:06:43.410 --> 00:06:44.068 Passed unanimously. NOTE Confidence: 0.8501262 00:06:44.068 --> 00:06:47.160 The 4th had a vote of 100 and favor NOTE Confidence: 0.8501262 00:06:47.160 --> 00:06:49.115 to four oppose their success, NOTE Confidence: 0.8501262 00:06:49.120 --> 00:06:51.328 in part is because these bills. NOTE Confidence: 0.8501262 00:06:51.330 --> 00:06:53.220 Simply help ensure basic human rights NOTE Confidence: 0.8501262 00:06:53.220 --> 00:06:54.480 for those under conservatorship's NOTE Confidence: 0.8560635 00:06:54.480 --> 00:06:55.740 prisoners had more rights NOTE Confidence: 0.8560635 00:06:55.740 --> 00:06:57.285 than an conservative that has NOTE Confidence: 0.8560635 00:06:57.285 --> 00:06:59.205 done nothing wrong except for old NOTE Confidence: 0.8560635 00:06:59.205 --> 00:07:00.468 Cedar's. Biggest problem with NOTE Confidence: 0.8560635 00:07:00.470 --> 00:07:01.920 the current system is the NOTE Confidence: 0.8560635 00:07:01.920 --> 00:07:03.370 lack of consequences for not NOTE Confidence: 0.8560635 00:07:03.428 --> 00:07:04.880 following the probate code. NOTE Confidence: 0.8560635 00:07:04.880 --> 00:07:06.450 Think of the motor vehicle NOTE Confidence: 0.8560635 00:07:06.450 --> 00:07:08.340 code. Think of the Penal Code. NOTE Confidence: 0.8560635 00:07:08.340 --> 00:07:10.206 Every section has a penalty if NOTE Confidence: 0.8560635 00:07:10.206 --> 00:07:11.810 you don't follow that code, NOTE Confidence: 0.8560635 00:07:11.810 --> 00:07:14.114 there is not a single penalty or consequences NOTE Confidence: 0.8560635 00:07:14.114 --> 00:07:16.218 for not following the probate code, NOTE Confidence: 0.8560635 00:07:16.220 --> 00:07:17.496 so nobody follows it. NOTE Confidence: 0.8560635 00:07:17.496 --> 00:07:19.999 Imagine the chaos on our roadways out here. NOTE Confidence: 0.8560635 00:07:20.000 --> 00:07:21.998 If there was no speeding tickets. NOTE Confidence: 0.8560635 00:07:22.000 --> 00:07:23.600 No, running red light tickets, NOTE Confidence: 0.8560635 00:07:23.600 --> 00:07:24.527 no parking tickets. NOTE Confidence: 0.8560635 00:07:24.527 --> 00:07:26.381 We have chaos and that's what NOTE Confidence: 0.8560635 00:07:26.381 --> 00:07:28.060 we have in probate court. NOTE Confidence: 0.8560635 00:07:28.060 --> 00:07:29.980 What bills you're trying to introduce NOTE Confidence: 0.7593118 00:07:29.980 --> 00:07:33.160 now that you're. AB1062 NOTE Confidence: 0.8714752 00:07:33.160 --> 00:07:35.946 I believe and this one is basically NOTE Confidence: 0.8714752 00:07:35.946 --> 00:07:38.302 a conservative right now, can dispose NOTE Confidence: 0.8714752 00:07:38.302 --> 00:07:40.708 of a Conservatives property that is NOTE Confidence: 0.8714752 00:07:40.708 --> 00:07:43.030 worthless but worth is determined by NOTE Confidence: 0.8714752 00:07:43.030 --> 00:07:45.682 retail value. This bill would give NOTE Confidence: 0.8714752 00:07:45.682 --> 00:07:48.221 families the opportunity to come in NOTE Confidence: 0.8714752 00:07:48.221 --> 00:07:50.664 and claim items that might not have NOTE Confidence: 0.8714752 00:07:50.664 --> 00:07:53.297 value but be priceless to the family. NOTE Confidence: 0.8714752 00:07:53.300 --> 00:07:55.075 Another bill that would change NOTE Confidence: 0.8714752 00:07:55.075 --> 00:07:56.850 multiple key aspects of California NOTE Confidence: 0.8714752 00:07:56.910 --> 00:07:58.221 conservatorship's has been NOTE Confidence: 0.8714752 00:07:58.221 --> 00:08:00.406 introduced by Assemblymember low this NOTE Confidence: 0.868610242857143 00:08:00.410 --> 00:08:03.105 is Assembly Bill 4. 68 Lo serves NOTE Confidence: 0.8647903 00:08:03.110 --> 00:08:04.865 as the chair of California's NOTE Confidence: 0.8647903 00:08:04.865 --> 00:08:06.269 business and Professions Committee, NOTE Confidence: 0.8647903 00:08:06.270 --> 00:08:08.030 which has oversight of the NOTE Confidence: 0.8647903 00:08:08.030 --> 00:08:09.086 Professional Fiduciary Bureau. NOTE Confidence: 0.8647903 00:08:09.090 --> 00:08:10.870 But he says problems with NOTE Confidence: 0.8647903 00:08:10.870 --> 00:08:11.938 Conservatorship's in California NOTE Confidence: 0.8647903 00:08:11.938 --> 00:08:13.379 only surfaced after recent NOTE Confidence: 0.8647903 00:08:13.379 --> 00:08:14.719 coverage of Britney Spears. NOTE Confidence: 0.8647903 00:08:14.720 --> 00:08:16.826 Why is she still in this? NOTE Confidence: 0.8647903 00:08:16.830 --> 00:08:17.889 Why is her NOTE Confidence: 0.8647903 00:08:17.890 --> 00:08:19.645 dad making all of her NOTE Confidence: 0.8647903 00:08:19.645 --> 00:08:21.059 decisions? But this bill NOTE Confidence: 0.8647903 00:08:21.060 --> 00:08:22.820 isn't just about Britney Spears. NOTE Confidence: 0.8647903 00:08:22.820 --> 00:08:24.932 Some would say the current system NOTE Confidence: 0.8647903 00:08:24.932 --> 00:08:27.566 is a circus. That is our job, NOTE Confidence: 0.8647903 00:08:27.566 --> 00:08:29.930 that consumer protection and we need NOTE Confidence: 0.8647903 00:08:30.007 --> 00:08:32.752 to be able to have the laws in place. NOTE Confidence: 0.8647903 00:08:32.760 --> 00:08:34.866 Provide voice to those who are NOTE Confidence: 0.8647903 00:08:34.866 --> 00:08:36.735 voiceless and especially when it NOTE Confidence: 0.8647903 00:08:36.735 --> 00:08:38.327 comes down to conservatorships. NOTE Confidence: 0.8647903 00:08:38.330 --> 00:08:40.920 So that's exactly what we're talking about. NOTE Confidence: 0.8647903 00:08:40.920 --> 00:08:42.408 Individuals who cannot take NOTE Confidence: 0.88302016 00:08:42.410 --> 00:08:43.523 care for themselves. NOTE Confidence: 0.88302016 00:08:43.523 --> 00:08:46.120 Bill 1194 would change the probate code, NOTE Confidence: 0.88302016 00:08:46.120 --> 00:08:47.230 requiring more transparency NOTE Confidence: 0.88302016 00:08:47.230 --> 00:08:48.340 from licensed fiduciary's, NOTE Confidence: 0.88302016 00:08:48.340 --> 00:08:50.937 including reports of their number of cases. NOTE Confidence: 0.88302016 00:08:50.940 --> 00:08:52.530 It would also require probate NOTE Confidence: 0.88302016 00:08:52.530 --> 00:08:54.120 court investigators to do more NOTE Confidence: 0.88302016 00:08:54.174 --> 00:08:55.894 thorough interviews before a NOTE Confidence: 0.88302016 00:08:55.894 --> 00:08:57.614 conservatorship petition is granted, NOTE Confidence: 0.88302016 00:08:57.620 --> 00:09:00.105 but many of these things were also NOTE Confidence: 0.88302016 00:09:00.105 --> 00:09:02.439 included in a 2007 Reform Act, NOTE Confidence: 0.88302016 00:09:02.440 --> 00:09:04.300 but never came to fruition. NOTE Confidence: 0.84285086 00:09:04.420 --> 00:09:06.611 After doing our own research on the NOTE Confidence: 0.84285086 00:09:06.611 --> 00:09:07.840 California's conservative ships laws, NOTE Confidence: 0.84285086 00:09:07.840 --> 00:09:10.332 we found that a huge effort to NOTE Confidence: 0.84285086 00:09:10.332 --> 00:09:12.481 reform the system in 2006 did NOTE Confidence: 0.84285086 00:09:12.481 --> 00:09:14.819 not take effect due to the toxic. NOTE Confidence: 0.84285086 00:09:14.820 --> 00:09:16.890 Economic recession that started in 2008. NOTE Confidence: 0.84285086 00:09:16.890 --> 00:09:19.004 In addition, the laws did nothing to NOTE Confidence: 0.84285086 00:09:19.004 --> 00:09:21.029 help people avoid conservative ships. NOTE Confidence: 0.84285086 00:09:21.030 --> 00:09:23.064 Create resources for families or provide NOTE Confidence: 0.84285086 00:09:23.064 --> 00:09:25.520 funding to make existing systems work better. NOTE Confidence: 0.84285086 00:09:25.520 --> 00:09:27.928 This year. Bill give funds or does NOTE Confidence: 0.86207473 00:09:27.930 --> 00:09:30.317 it address that 'cause it's kind of NOTE Confidence: 0.86207473 00:09:30.317 --> 00:09:32.778 doing the same thing with 2007 Reform NOTE Confidence: 0.86207473 00:09:32.778 --> 00:09:35.520 Act it if it doesn't right? Part of NOTE Confidence: 0.86207473 00:09:35.520 --> 00:09:37.235 the legislative proposals that we NOTE Confidence: 0.86207473 00:09:37.235 --> 00:09:39.912 have to is ensuring that we have the NOTE Confidence: 0.86207473 00:09:39.912 --> 00:09:41.718 policy that was supported and make NOTE Confidence: 0.86207473 00:09:41.718 --> 00:09:43.975 sure that the resources to empower NOTE Confidence: 0.86207473 00:09:43.975 --> 00:09:46.220 local communities to implement the law. NOTE Confidence: 0.8532391 00:09:46.270 --> 00:09:47.795 Assemblymember Low says they are NOTE Confidence: 0.8532391 00:09:47.795 --> 00:09:49.320 working with court systems as NOTE Confidence: 0.8532391 00:09:49.370 --> 00:09:51.050 well as planning a budget proposal NOTE Confidence: 0.8532391 00:09:51.050 --> 00:09:52.813 to ensure courts would have the NOTE Confidence: 0.8532391 00:09:52.813 --> 00:09:54.288 funding to implement the changes. NOTE Confidence: 0.8532391 00:09:54.290 --> 00:09:55.770 His bill would create well, NOTE Confidence: 0.8532391 00:09:55.770 --> 00:09:57.826 we don't want to do is set up NOTE Confidence: 0.8532391 00:09:57.826 --> 00:09:59.927 our court systems up for failure. NOTE Confidence: 0.8532391 00:09:59.930 --> 00:10:02.279 We need to set them up for success and NOTE Confidence: 0.8532391 00:10:02.279 --> 00:10:04.679 this provides an opportunity for us to. NOTE Confidence: 0.8532391 00:10:04.680 --> 00:10:06.170 Indeed, as I stated earlier, NOTE Confidence: 0.8532391 00:10:06.170 --> 00:10:07.946 make our laws stronger than yesterday. NOTE Confidence: 0.8532391 00:10:07.950 --> 00:10:09.440 I respectfully ask for a NOTE Confidence: 0.8532391 00:10:09.440 --> 00:10:11.216 vote, and while it's still going NOTE Confidence: 0.8532391 00:10:11.216 --> 00:10:12.999 through the process of becoming a NOTE Confidence: 0.8532391 00:10:13.000 --> 00:10:14.946 law so where is currently in that NOTE Confidence: 0.8532391 00:10:14.946 --> 00:10:16.340 of the Appropriations Committee. NOTE Confidence: 0.8532391 00:10:16.340 --> 00:10:18.210 And if it does pass, NOTE Confidence: 0.8532391 00:10:18.210 --> 00:10:20.448 it goes to the full floor NOTE Confidence: 0.83490384 00:10:20.450 --> 00:10:23.068 of the Assembly, to which I'll present NOTE Confidence: 0.83490384 00:10:23.070 --> 00:10:24.895 that bill. It's received support NOTE Confidence: 0.83490384 00:10:24.895 --> 00:10:27.190 from both sides of the aisle. NOTE Confidence: 0.83490384 00:10:27.190 --> 00:10:29.054 This is a bipartisan effort. NOTE Confidence: 0.83490384 00:10:29.054 --> 00:10:31.298 In fact, it is not partisan. NOTE Confidence: 0.83490384 00:10:31.300 --> 00:10:33.170 This is about helping those NOTE Confidence: 0.83490384 00:10:33.170 --> 00:10:35.040 who are voiceless Fung I, NOTE Confidence: 0.83490384 00:10:35.040 --> 00:10:37.660 Gibson Gibson I Grayson Grayson. I Holden NOTE Confidence: 0.83490384 00:10:37.660 --> 00:10:40.649 Holden I-14 eyes, zero nose, and Bill 724. NOTE Confidence: 0.83490384 00:10:40.649 --> 00:10:42.514 Introduced by Senator Ben Allen, NOTE Confidence: 0.83490384 00:10:42.520 --> 00:10:44.080 creates more regulations around NOTE Confidence: 0.83490384 00:10:44.080 --> 00:10:45.640 conservatorship and court appointed NOTE Confidence: 0.83490384 00:10:45.640 --> 00:10:47.523 attorneys a controversial topic we've NOTE Confidence: 0.83490384 00:10:47.523 --> 00:10:49.629 covered in depth in our investigation. NOTE Confidence: 0.86955446 00:10:49.730 --> 00:10:51.235 What most court appointed attorneys NOTE Confidence: 0.86955446 00:10:51.235 --> 00:10:52.740 are currently doing is they're NOTE Confidence: 0.86955446 00:10:52.785 --> 00:10:54.285 just acting in the best interest. NOTE Confidence: 0.86955446 00:10:54.290 --> 00:10:55.430 Well, who's determining that NOTE Confidence: 0.86955446 00:10:55.430 --> 00:10:56.860 best interest of the person? NOTE Confidence: 0.86955446 00:10:56.860 --> 00:10:58.280 It should be the conservatee, NOTE Confidence: 0.86955446 00:10:58.280 --> 00:11:00.560 even if the court says they're not competent, NOTE Confidence: 0.86955446 00:11:00.560 --> 00:11:02.270 and that's what this bill would NOTE Confidence: 0.86955446 00:11:02.270 --> 00:11:03.695 clarify. Now, if passed both NOTE Confidence: 0.86955446 00:11:03.695 --> 00:11:05.122 of these bills wouldn't become NOTE Confidence: 0.86955446 00:11:05.122 --> 00:11:06.835 law until January 1st of 2022, NOTE Confidence: 0.86955446 00:11:06.835 --> 00:11:08.884 and there's still a lot of work that needs NOTE Confidence: 0.86955446 00:11:08.884 --> 00:11:11.110 to be done for California conservatorship. NOTE Confidence: 0.86955446 00:11:11.110 --> 00:11:13.729 But right now, if you want to avoid a NOTE Confidence: 0.86955446 00:11:13.729 --> 00:11:15.095 conservatorship and ensure that your NOTE Confidence: 0.86955446 00:11:15.095 --> 00:11:17.378 wishes are executed the way that you want, NOTE Confidence: 0.86955446 00:11:17.380 --> 00:11:19.760 advocates say the best way to do so. NOTE Confidence: 0.86955446 00:11:19.760 --> 00:11:21.550 Is to prevent a conservatorship ahead NOTE Confidence: 0.86955446 00:11:21.550 --> 00:11:23.910 of time now we compiled a list of NOTE Confidence: 0.86955446 00:11:23.910 --> 00:11:25.958 suggestions from book studies as well as NOTE Confidence: 0.86955446 00:11:25.960 --> 00:11:27.724 from speaking to multiple experts and NOTE Confidence: 0.86955446 00:11:27.724 --> 00:11:29.785 one of their first recommendations is to NOTE Confidence: 0.86955446 00:11:29.785 --> 00:11:31.844 try and resolve any family disputes. Now. NOTE Confidence: 0.86955446 00:11:31.844 --> 00:11:34.200 If you don't want to have a conservatorship, NOTE Confidence: 0.86955446 00:11:34.200 --> 00:11:35.958 get along with your family members. NOTE Confidence: 0.86955446 00:11:35.960 --> 00:11:38.018 You can hate them if you want, NOTE Confidence: 0.86955446 00:11:38.020 --> 00:11:39.485 but don't take it public NOTE Confidence: 0.86955446 00:11:39.485 --> 00:11:40.657 and certainly don't take NOTE Confidence: 0.88620615 00:11:40.660 --> 00:11:42.406 it into court. This second recommendation NOTE Confidence: 0.88620615 00:11:42.406 --> 00:11:44.780 is to ensure all documents are in order, NOTE Confidence: 0.88620615 00:11:44.780 --> 00:11:46.652 particularly these ones that are listed NOTE Confidence: 0.88620615 00:11:46.652 --> 00:11:48.812 and to ensure your durable power of NOTE Confidence: 0.88620615 00:11:48.812 --> 00:11:50.807 attorney is in the hands of someone. NOTE Confidence: 0.88620615 00:11:50.810 --> 00:11:53.770 You deeply trust as the durable power of NOTE Confidence: 0.88620615 00:11:53.770 --> 00:11:56.428 attorney acts as an agent on your behalf. NOTE Confidence: 0.88620615 00:11:56.430 --> 00:11:58.746 Cunningham legal recommends if you're elderly NOTE Confidence: 0.88620615 00:11:58.746 --> 00:12:01.325 or ill to consider easing someone into NOTE Confidence: 0.88620615 00:12:01.325 --> 00:12:04.150 acting as your agent over a period of time. NOTE Confidence: 0.88620615 00:12:04.150 --> 00:12:06.310 And if you believe a conservatorship NOTE Confidence: 0.88620615 00:12:06.310 --> 00:12:08.710 could happen and you're not against it, NOTE Confidence: 0.88620615 00:12:08.710 --> 00:12:10.642 they recommend you document that and NOTE Confidence: 0.88620615 00:12:10.642 --> 00:12:12.570 inform the person you're nominating. NOTE Confidence: 0.88620615 00:12:12.570 --> 00:12:15.027 If you are opposed to a conservatorship, NOTE Confidence: 0.88620615 00:12:15.030 --> 00:12:17.487 doctor Sam sugar, the founder of Americans, NOTE Confidence: 0.88620615 00:12:17.490 --> 00:12:18.890 against abusive probate Guardianships, NOTE Confidence: 0.88620615 00:12:18.890 --> 00:12:20.290 recommends recording a video, NOTE Confidence: 0.88620615 00:12:20.290 --> 00:12:22.480 expressing the wishes of the individual. NOTE Confidence: 0.88620615 00:12:22.480 --> 00:12:25.098 As well as making it clear they NOTE Confidence: 0.88620615 00:12:25.098 --> 00:12:26.959 expressly forbid the appointment NOTE Confidence: 0.88620615 00:12:26.959 --> 00:12:29.607 of a professional conservatorship. NOTE Confidence: 0.88620615 00:12:29.610 --> 00:12:31.626 Our investigation began in early 2020 NOTE Confidence: 0.88620615 00:12:31.626 --> 00:12:33.450 hearing from a conservatee herself. NOTE Confidence: 0.88620615 00:12:33.450 --> 00:12:35.888 I don't know what's going to happen NOTE Confidence: 0.88620615 00:12:35.890 --> 00:12:37.640 to me throughout this year. NOTE Confidence: 0.88620615 00:12:37.640 --> 00:12:39.380 We've spoken to many experts. NOTE Confidence: 0.88620615 00:12:39.380 --> 00:12:40.080 No oversight. NOTE Confidence: 0.88620615 00:12:40.080 --> 00:12:40.780 Such process NOTE Confidence: 0.87656283 00:12:40.780 --> 00:12:42.868 is going to take away your NOTE Confidence: 0.87656283 00:12:42.870 --> 00:12:44.270 mom's right. You are NOTE Confidence: 0.87656283 00:12:44.270 --> 00:12:46.015 supposed to put the interest NOTE Confidence: 0.87656283 00:12:46.015 --> 00:12:47.760 of the person ahead of NOTE Confidence: 0.87656283 00:12:47.760 --> 00:12:49.500 your own interest for insiders. NOTE Confidence: 0.87656283 00:12:49.500 --> 00:12:51.245 And do you believe that NOTE Confidence: 0.87656283 00:12:51.245 --> 00:12:52.990 corruption is happening here in NOTE Confidence: 0.87656283 00:12:52.990 --> 00:12:55.090 the Sacramento County Probate Court now? NOTE Confidence: 0.87656283 00:12:55.090 --> 00:12:57.530 Yes, and victim. I've been robbed of NOTE Confidence: 0.87656283 00:12:57.530 --> 00:12:59.618 time with my mom after victim. NOTE Confidence: 0.8575318 00:12:59.730 --> 00:13:03.105 My last days with my mom were spot in NOTE Confidence: 0.8575318 00:13:03.110 --> 00:13:05.602 court to uncover and nearly $13 billion NOTE Confidence: 0.8575318 00:13:05.602 --> 00:13:07.978 system in California susceptible to abuse. NOTE Confidence: 0.8575318 00:13:07.980 --> 00:13:11.355 This is a flaw in our system that can NOTE Confidence: 0.8575318 00:13:11.355 --> 00:13:13.230 and has caused traumatic emotional, NOTE Confidence: 0.8575318 00:13:13.230 --> 00:13:15.855 physical and financial harm to our elders. NOTE Confidence: 0.8575318 00:13:15.860 --> 00:13:18.110 No family should go through it. NOTE Confidence: 0.8575318 00:13:18.110 --> 00:13:20.730 It was hard enough on me. But NOTE Confidence: 0.8575318 00:13:20.730 --> 00:13:22.230 to watch my mother, NOTE Confidence: 0.8575318 00:13:22.230 --> 00:13:23.730 who's lived this wonderful, NOTE Confidence: 0.8575318 00:13:23.730 --> 00:13:28.228 wonderful life to have it taken away NOTE Confidence: 0.8575318 00:13:26.360 --> 00:13:28.230 from her. No one should NOTE Confidence: 0.8575318 00:13:28.230 --> 00:13:29.358 suffer that way.