Current Issues in Conservatorships: Assuring the Best Interests of Elders and the Vulnerable are Protected
Current Issues in Conservatorships: Assuring the Best Interests of Elders and the Vulnerable are Protected
PERSON • 1.0 CEU | 1.0 MCLE
Recent media coverage regarding Fiduciary practices has led to some passionate discussion regarding Conservatorships and the Probate System in California. The “gray area” of client best interest has come under heated debate from parties who would advocate against standard Conservatorship practices as well against CA Licensed Fiduciaries. Codified Probate Court procedures and accountings can offer answers to family members and other interested parties concerned with client care. This presentation will discuss recent changes to California law and current developments in Conservatorships from the Judicial, Fiduciary, Financial and Legal perspectives. Our distinguished panel will look beyond traditional court review of Conservatorships and Court Supervised Trusts for a detailed analysis of what really occurs in client estates. Honorable David J. Cowan, Supervising Judge of the Probate and Mental Health Depts. of the Los Angeles County Superior Court, will lead the panel and offer his insights concerning recent law changes as well as pragmatic advice regarding these issues. Joining him will be Attorney Tamie Jensen, an experienced probate attorney and current President Elect of the Los Angeles County Bar Association, who will add her perspective as a long-time legal representative for Professional Fiduciaries. Rounding out the group will be Financial Advisor Scott MacDonald, an arbiter of many client conflicts who will share his unique interpretation on budget and financial issues in Conservatorships.The event will foster an interactive discussion between panel members to seek pragmatic solutions and foster better understanding of Conservatees’ best interests.
Passionate about his work, Scott provides wealth planning and investment management for Special Needs Trusts and other court-supervised trusts, as well as probate investing for Conservatorships and Guardianships. He offers extensive knowledge of various state Probate Code restrictions on investments, as well as the terms of the Uniform Prudent Investor Act. Scott facilitates close collaboration with attorneys, caregivers, trustees, fiduciaries, benefits counselors, and other professionals. A regular lecturer and media contributor, he is the author of numerous articles and publications related to special-needs and elder financial strategy."
Judge Cowan is a member of the Probate and Mental Health Advisory Committee to the Judicial Council of the State of California, as well as Vice-Chair of the Probate Law Committee of the California Judges Association.
Judge Cowan was appointed a Judge of the Court by Governor Jerry Brown in June 2014. Previously, Judge Cowan served as a Court Commissioner for almost nine years. For much of that time, Judge Cowan was assigned to the Santa Monica Courthouse where he had a Family Law calendar and handled all Family Law cases filed in the West District of the Court.
Prior to going on the bench, Judge Cowan practiced business and real estate litigation for seventeen years; initially with Rogers & Wells. Later, he started his own office which he had until going on the bench.
Judge Cowan received his J.D. from Univ. of Calif., Hastings College of the Law and B.A. from Columbia University.
Since 2007, Judge Cowan has taught as an Adjunct Professor at Loyola Law School. He currently teaches Trusts & Wills. Judge Cowan is also a frequent speaker to Bar Associations on Probate issues."
