Legislative Projects

 

Current projects in the Legislature

SB 442 (Senator Richard Alarcon) - SB 442 would give to the Probate Conservatorship Court the same authority that the Family Law Court already has to annul marriages, where a competent person inveigles an incompetent victim into a marriage ceremony, usually for the purpose of misappropriating the victim's estate.  The Bill would also authorize both courts to invalidate such marriages after death, where the marriage was a secret during the victim's life.   SB 442 is sponsored by the Estate Planning, Trust & Probate Law Section of the California State Bar Association.

SB 1742 (Senator Teresa Hughes) - SB 1742 would make it possible for the Public Guardian, Law Enforcement Officers and FAST Team members to stymie certain thefts in progress.  SB 1742 is sponsored by the Estate Planning, Trust & Probate Law Section of the California State Bar Association, and the California Commission on Aging.  In 1999, the proposal (then SB 163) was supported by the City of Los Angeles, and several law enforcement organizations.  SB 1742 would encourage the proactive style of policing developed by LAPD detectives, Chayo Reyes and Dave Harned, who collaborated on the drafting of this Bill.   SB 163 was vetoed by Governor Davis, due to budgetary concerns which are being addressed in this year's version.

 

 

Current projects in development for submission to the Legislature

Attorneys' Fees Reform – These materials on this web site are an attempt to expose the need for a change in the way Courts respond to fee requests by attorneys, and by the conservators and trustees whom the lawyers represent.    We believe that [1] Courts impose on attorneys, conservators and trustees fee restrictions that deter them from handling meritorious cases, and that [2] the Courts' restrictive fee policies:  [a] deprive victims of access to the legal system, and [b] encourage the evildoers to continue preying on the frail, and to continue using the legal system against the victims' champions.  Judges dispute this contention.  We believe that there is a need for an official and methodologically sound survey of judges, lawyers, conservators, probate court investigators, APS workers, Ombudsmen, and others to determine which contention is correct. 

Business & Professions Code § 6125 amendment – This is a proposal to enable Courts to permit certain non-lawyer fiduciaries [i.e., conservators, trustees and agents under durable powers of attorney] to represent themselves in lawsuits, if the Court determines that the fiduciaries lack the funds to hire an attorney, and there is no other viable option.

Probable cause hearings for the mentally ill - This proposal is to implement the belief  that a probate conservator of the person should be [1] given notice of an LPS probable cause hearing, and should be [2] permitted to present evidence.

 

 

Legislation Enacted

Medi-Cal Representation – 1984 Medi-Cal law drafted by Mr. Hankin.  This legislation was replicated in many states of the Union before the Medicare Catastrophic Coverage Act was enacted to federalize the field.

Elder Abuse and Dependent Adult Civil Protection Act – 1992 Elder Abuse Act, drafted by Mr. Hankin.  The Beverly Hills Bar Association sponsored the legislation.

The Due Process in Competence Determinations Act – 1995 law, co-sponsored by the California Medical Association and the Estate Planning, Trust & Probate Law Section of the California State Bar Association.  The Act was designed to improve the resolution of legal mental competence controversies.  Mr. Hankin was the principal draftsman.

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