Assembly Bill 1194, approved by Governor Newsom on September 30, 2021, tightens oversight of California conservators, especially those licensed by the Professional Fiduciaries Bureau.
The bill expands the duties of California courts with respect to conservatorships, though some reforms depend upon funding in future legislation. With a projected budget surplus, and keen public
The probate unit of the Sacramento County Superior Court (Department 129) will have a new judge in February 2021. Judge Joginder Dhillon will become the probate judge, replacing Judge Kevin R. Culhane who has served in that role since January 2020.
Judge Kevin R. Culhane rotated into Sacramento County Superior Court’s probate department in January 2020. He shared his initial impressions with members of the probate bar on February 18, 2020, at the monthly lunch of the Sacramento County Bar Association’s Probate and Estate Planning Law Section.
Noting that probate filings are on the rise, he likened the business of the Court’s probate unit (Department 129) to trying to fit ten gallons of water into a five-gallon bucket.
The probate unit of the Sacramento County Superior Court (Department 129) will have a new judge in January 2020. Judge Kevin R. Culhane will be the probate judge, replacing Judge John P. Winn who has served in that role since January 2018.
A conservatorship, once ordered by a Superior Court judge in California, deprives a person of the right to control his or her financial affairs or person, or both. When the judge appoints counsel for the proposed conservatee, what is the lawyer’s role? Are the lawyer’s ordinary duties of loyalty and confidentiality diminished in the conservatorship setting? Should they be?
These are vexing questions that have led to varying approaches in California’s 58 counties. We sometimes represent siblings in contested conservatorship proceedings, typically in “parent custody” disputes when siblings are vying for control over Mom and/or Dad. The approach taken by court appointed counsel is an important factor in how these cases move forward and it would be helpful to all concerned to have a more uniform approach.
This month Judge John P. Winn replaces Judge Steven M. Gevercer as the Supervising Probate Judge in Department 129 of the Sacramento County Superior Court, as part of judicial reassignments that occur each January.
Judge Winn will be handling a broad range of matters in Department 129, including trust disputes, probate administrations, conservatorships and guardianships. Long cause trials typically are sent to downtown trial departments and are not heard in Department 129.
This month Judge Steven M. Gevercer will replace Judge David F. De Alba as the probate judge in Department 129 of the Sacramento County Superior Court. Judge Gevercer was appointed to the bench by Governor Jerry Brown in 2012 and previously served in the California Attorney General’s Office.
Judges typically spend a year or two in Department 129 before moving on to other assignments within the court. Fortunately for all, the dedicated court staff who support Department 129 provide continuity over the years.