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Benefits for Clients and Risks to Attorneys in Probate Conservatorship Proceedings. AB 1194 became effective in 2022 and SB 602 is likely to become effective in 2023. Both measures have significant implications for clients and attorneys in probate conservatorship proceedings. This webinar will explain those implications – not only for conservatees and proposed conservatees but for their public defenders or court-appointed attorneys. It will provide information valuable to conservators, temporary conservators, and public guardians, as well as the lawyers who represent them. It also will identify potential ramifications for the public entities that appoint or fund lawyers in conservatorship proceedings. […]

This article is based largely on an interview with attorney Eddie Tabash about the right of adults with intellectual and developmental disabilities to religious freedom.  Eddie Tabash is on the Board of Trustees of Americans United for Separation of Church and State–an organization devoted to preserving equality before the law for both believers and nonbelievers. He also chairs the Board of Directors of the Center for Inquiry, a worldwide organization devoted secular humanism, atheism, secular government, and scientific skepticism.  Tabash has been advocating for freedom from religion for decades.  This article is premised on the principle that spirituality and religion […]

January 19, 2022 California Assembly Member Brian Maienschein issued a press release today announcing that he “has introduced AB 1663, The Probate Conservatorship Reform and Supported Decision-Making Act, to address the misuse, overuse, and exploitation of probate conservatorships in California.” Spectrum Institute has written to Mr. Maienschein, commending him for sponsoring the bill but asking that it be amended to eliminate loopholes that judges, lawyers, and conservators may exploit to evade the bill’s intended protections for seniors and people with developmental disabilities who are targeted by conservatorship petitions.  For a copy of his press release, click here. For a copy […]

This feature story focuses on the issue of religious freedom for adults with developmental disabilities.  It discusses the research, education, and advocacy done by Rev. William C. Gaventa, author of Disability and Spirituality: Recovering Wholeness.  As the book description explains: “Disability and spirituality have traditionally been understood as two distinct spheres: disability is physical and thus belongs to health care professionals, while spirituality is religious and belongs to the church, synagogue, or mosque and their theologians, clergy, rabbis, and imams. This division leads to stunted theoretical understanding, limited collaboration, and segregated practices, all of which contribute to a lack of […]

More than 1,700 viewers have watched this one-hour video in which panelists explain how they witnessed or experienced the “fee for all” dynamic depleting the assets of conservatees. The moderator discussed how the Funding and Fees Review Project of Spectrum Institute plans to tackle this problem with a thorough study of what has been happening in local courts throughout the state. The project will issue a major report with recommendations on how to tame this asset-eating beast.  To watch the video, click here.

By Thomas F. Coleman Daily Journal / Dec.15, 2021 “Lagging” is defined as “falling behind in movement, progress, or development; not keeping pace with another or others.”  That perfectly describes California Chief Justice Tani Cantil-Sakauye when it comes to conservatorships reform. Despite having knowledge of major deficiencies with every part of the probate conservatorship system, the chief justice has remained silent on the plight of seniors and adults with disabilities who are targeted by these so-called protective proceedings.  In contrast, she has been quite outspoken and proactive for other populations and for other areas of the law needing reform. Cantil-Sakauye […]