Governor Brown has signed Assembly Bill AB 1085 that gives Courts the authority to order a conservator — someone who acts on behalf of an ailing adult — the power to enforce the adult’s rights to receive visitors, phone calls and personal mail. In the past, judges did not have explicit authority to enforce visitation rights of an ailing adult, except with respect to spouses.
The Assembly bill was introduced after the three adult children of Casey Kasem, the well-known Los Angeles-based disc jockey and radio personality, claimed they were blocked from seeing their father by his wife of 30 years. Kasem was diagnosed with Parkinson’s disease and a form of dementia, and died in 2014.
The law also requires caretakers to notify certain individuals of the ailing adult’s death.
When family disputes arise as to access to an ailing family member, they now can reliably enlist the Court’s help. However, it is prudent to do so through legal counsel since a conservator still has discretion to prevent access when he or she deems it necessary to do so.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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