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Attorney outlines conservatorship and probate reforms; board refers matter to Social Services Committee
Summary
Attorney Lisa McCarley presented findings on conservatorship court problems and recommended reforms including a single defense organization for conservatees, mandatory settlement conferences, training curriculum for judicial officers and increased community outreach; the board agreed to refer follow-up to its Social Services Committee.
Lisa McCarley, an attorney who has worked on conservatorship issues for several years, presented an informational report to the Alameda County Board on Nov. 12 describing systemic problems she identified in probate and conservatorship practice and offering recommendations to the board.
McCarley reviewed patterns observed in other counties and national cases, cited the need for specialized training for judicial officers and attorneys handling conservatorship matters, and urged the county to adopt measures intended to reduce family separation and abuse in the conservatorship process. She recommended creating a single conservatorship defense organization with specialized training and oversight, expanding Legal Assistance for Seniors (LAS) programs, developing mandatory settlement/mediation conferences for contested cases, and hosting clinics and seminars to encourage residents to prepare basic incapacity planning documents.
Public commenters including Venus Gist (Care for People Court) supported McCarley's recommendations and noted existing state law reforms (SB 303) that should be followed. Several supervisors asked for data and requested a court representative briefing; the board referred the matter to the Social Services Committee for additional vetting and follow-up steps.
