The introduction of California’s supported decision-making laws add additional layers to conservatorship practice and the rights of individuals with disabilities, including older adults with cognitive impairments. These additional layers raise complex issues for fiduciaries to consider, including how to implement supported decision-making agreements into their practices, and how to abide by them while avoiding liability and conflict. Supported decision-making agreements and the Court’s looking to these agreements as least restrictive alternatives to conservatorship are causing fiduciaries to steer away from stepping in to assist families, and even avoiding undertaking appointment as conservators, especially as conservator of the person. This presentation presents an interactive panel discussion on conservatorship and least restrictive alternatives, supported decision-making, best practices in drafting and implementing supported decision-making agreements, and how fiduciaries can protect themselves. The goal of the presentation is for fiduciaries and other professionals to feel comfortable with understanding conservatorships and the layering of rights and implementation of supported decision-making agreements. Finally, the presentation addresses the uncertainty of how Courts may rule when the supported decision-making agreements go awry, and the various issues that are likely to come up while the Courts work their way through implementation of decision-making agreements and the complexities raised by the recently enacted laws. This presentation will be geared to professional fiduciaries and attorneys, including both litigation and estate planning attorneys, as well as those professionals that work with disabled adults and the elderly population and those that will be affected by the implementation and enforcement of decision-making agreements.
A5 – The Layering Of Rights – Conservatorship, Supported Decision-Making And Preparing For What’s To Come
Speakers
Hon. Judge Kim Hubbard (Ret.)
Orange County Superior Court
Judge Hubbard recently retired after 15 years on the Orange County Superior Court, where she presided over countless court trials in the Family Law and Probate Departments. Several jury trials were presided over in the area of LPS (mental health) conservatorships. In addition to her extensive experience in elder and dependent adult issues prior to taking the bench, Judge Hubbard’s experience in the family law department and in probate give her a unique insight into the family dynamics. Judge Hubbard is known for her no-nonsense approach while maintaining empathy for the emotional issues involved.
Debby Doitch
KJMLAW Partners
https://www.kjmlaw.com/
Debby Doitch is a partner and shareholder at KJMLAW Partners where she manages the litigation department focusing primarily on probate and trust litigation. She represents petitioners, objectors, creditors, beneficiaries and trustees in probate and trust proceedings, as well as families in guardianship and conservatorship cases. Debby also serves as court appointed counsel.
Debby is a major proponent of working with fiduciaries and families to help resolve matters when cases become highly contested. Debby also handles a wide variety of civil litigation, including real estate and family law disputes. Debby has extensive trial experience as well as significant success in taking her cases to mediation.
Prior to attending law school, Debby was an ABA Behavioral Therapist, where she worked with children with developmental disabilities.
Outside of practicing law, Debby enjoys spending time with her family, skiing, traveling and volunteering her time in the special needs community.
Hon. Judge Mary Thornton-House (Ret.)
Alternative Resolution Centers (ARC)
Judge Mary Thornton House retired from the Los Angeles Superior Court in September 2018 after serving for 22 years. She has started her third career as a private neutral for Alternative Resolution Centers (ARC). Starting out in the Pasadena Municipal Court handling criminal cases, Judge House quickly transitioned to civil and spent 8 years in probate assignments in Pasadena and the Stanley Mosk Courthouse.
Judge House is also the author of Thomson Reuter’s California Civil Jury Instruction Companion Handbook, updated yearly. Judge House has been honored throughout her career by many organizations. In 2004, Los Angeles County honored her as one of its ‘Women of the Year’ and named Judge of the Year by the Pasadena Bar Association. In 2008, the California Judges Association awarded her the Bernard F. Jefferson’s Award for Excellence in Judicial Education. In 2011, the San Fernando Valley Bar Association awarded her the Excellence in Judicial Administration award for her leadership in getting California’s Expedited Jury Trials legislation passed, the development of the current universal judgment form, and simplification of small claims pleadings. In 2013, the San Fernando Valley Bar Association named her their Judge of the Year.
Judge House was Dean of the California B.E. Witkin Judicial College which provides for education of all judicial officers in California. The college is a nationally recognized institution and exemplar for judicial education where she has been an instructor and seminar leader since 1997. In 2007, Yale Law School selected her to teach at their China Law Center in Beijing, China, courses on small claims and limited civil procedures to selected judges from throughout China.
Judge House was an Assistant City Attorney and civil litigator for the City of Los Angeles. She graduated from UCLA and received her Juris Doctorate from the University of San Diego.