Public Guardian to Expand Powers to Seize Assets

Public Guardian to Expand Powers to Seize Assets

AB 1288, which is now in front of the California Legislature, would expand the time frame in which the Public Guardian’s office could take control of an elder’s assets, prior to filing for conservatorship over that individual.

Now hold on a minute. Does this bill actually state that the Public Guardian can come in and take over assets without a guardianship being in place? How in the world can that be allowed?

Well, the law authorizing this is already on the books, as Probate Code 2900, which allows the PG to seize assets based on “intent” to file for guardianship. AB 1288 would just give the Public Guardian a bit more time to hit the bank. As written into law, PC 2900 allows the PG’s office fifteen days to mosey over to the savings and loan and take all of Grandma’s hard earned cash, based on “intent” and without an official determination of incapacity by any court of law. AB 1288 would give the PG an extra chunk of time to do exactly the same thing and would include the option to kick out family or friends living with the proposed conservatee.

And, most tellingly, without even telling Grandma. The only notice that needs to be given to the prospective ward is if the assets are in a Trust. Sans that document , the PG can simply drive up to the bank, grab Granny’s dinero and take off like a bandit, and Granny isn’t even entitled to be told what hit her.

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