To contact our Woodland Hills Conservatorship
Attorney, Call:
818.340.4479
Email
our Conservatorship Lawyer:
Los Angeles Conservatorship Attorneys
TESTIMONIALS:
“Mina Sirkin handled the estate of my brother.
This was most difficult since my brother lived in Venice California and
I live in Yardley, Pennsylvania. From the out set Mina Sirkin provided
me with all the information I needed to understand the legal aspects as
well as my obligations. All matters throughout the probate process were
handled very professionally, yet with care and concern for me the
client. Most outstanding was the very efficient and effective way the
legal problems and issues were handled, always with a very positive
outcome for me the client. I am most appreciative that the entire
probate process was handled without the need for me to make a trip to
California.
What particularly distinguishes the services I received from the Sirkin
law firm was the expert advice I received in a timely manner on all the
numerous related details that I needed to attend to to settle the
estate. They were honorable in all their dealings, and most importantly
in their billing.
I would certainly use the services of the Sirkin law firm in the future
and have no hesitation in recommending their services to relatives,
friends and acquaintances.” Herb. S.
Los
Angeles Conservatorship Attorneys; Estate Planning, Wills and Trusts
“I have known Mina Sirkin for seven years.
Mina is a life long learner, who puts the time and effort into staying
on top of current events for estate law. This type of approach is very
important for navigating the current times we are in; massive
volatility in finances with commensurate changes in estate valuations
which is coupled with unknown estate tax laws driven by the recent
changes in government. You need someone who can help you address this
uncertainty, rather than use a business-as-usual approach."
Brad W.
Our Los Angeles Conservatorship attorney team
can help you manage lives of disabled family members, including those
with dementia and alezheimers disease. We practice in all California
Probate courts.
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Attorney
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Direct access to our lawyers:
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Los Angeles Attorney
Conservatorship
CONSERVATORSHIP ATTORNEY
WOODLAND HILLS
Los
Angeles Conservatorship and Conservatorship Litigation Attorneys,
Attorney
Conservatorship
Attorneys & Lawyers
A Conservatorship in
California is a judicially created relationship where an adult is given
the legal authority and responsibility to care for another
adult. Our Conservatorship lawyers in Woodland Hills can assist
you with the conservatorship process in Los Angeles County and in Woodland Hills.
Types of
Conservatorship:
General Conservatorships for Woodland Hills residents can be three
basic types:
1) Conservatorship of the person; 2)
Conservatorship of the
Estate; and 3) Conservatorship of person and estate.
There are several other types of
Conservatorship matters also
available such as LPS Conservatorships (mental health) and
Developmentally Disabled (Limited) Conservatorships.
Who can file for a Conservatorship?
Generally, spouses, children, relatives,
friends, the public
guardian, and professional fiduciaries.
Creditors
cannot file for a conservatorship of a debtor. Persons in a
divorce proceeding are closely scrutinized by the courts and if you are
a spouse in a divorce proceeding, you generally cannot become a
conservator of your ill spouse, UNLESS you can show it is in the best
interest of the conservatee. The reason for this is that
people in divorce proceedings generally have conflicting interests, so
the law is tilted towards protecting the ill spouse.
If there are several persons who have filed
competing
petitions for conservatorship requesting that each becomes the
conservator, the court will decide who shall become the conservator. Preference rules exist for making such a
determination. Contested Conservatorship proceedings can take long and
may result in a trial.
A conservatorship must continue until the
court orders the
conservator relieved from his or her duties. This can happen if the
conservatee dies; if the estate is used up; if the conservatee regains
his or her capacity; or if the conservator becomes unable or unwilling
to act. In the last situation, the court will assign a successor
conservator.
Conservatorships are time consuming and
expensive. They
should only be used when absolutely necessary.
Candidates
for conservatorships are usually disabled. Some conservatees may
have Alzheimer's disease, dementia, parkinsons, autism, or other
diseases. Once a Conservators is appointed, the Conservator
can ask the Court for permission to do Medi-Cal planning for the
Conservatee including substituted judgment petitions to protect the
assets from Medi-Cal, and to purchase or sell property of the
Conservatee.
PROTECTING THE ELDERLY AND DISABLED WITH A
CONSERVATORSHIP
Conservatorship
proceedings and actions of conservators are court supervised.
Family
members are given notice of the proceeding and financial records of the
conservatee are summarized in an accounting filed with the court.
When
a Conservatee needs psychiatric medications, the Court reviews a
doctor's declaration regarding the need for the
medication. The ability of the Conservator to
administer dementia medication depends on the court's approval of
administering such medication.
When
a Conservator wants to sell real property or purchase real property,
the court must give permission for such a transaction, especially when
it involves moving the Conservatee from his or her home.
A
PVP attorney is sometimes appointed for the Conservatee. The role
of this type of attorney is to advocate the wishes of the proposed
conservatee when there is litigation, or when rights of the Conservatee
are affected.
California
Conservatorship
Process:
Conservatorship proceedings usually start
when a person is so
incapacitated that he or she cannot manage his/her own affairs. The
person who is the caretaker is called the conservator, and the person
who is being taken care of is called the conservatee.
A conservatorship proceeding begins with a
petition filed
with the court, followed by an investigation by a court investigator
and a court hearing. Many factors can affect a conservatorship. For
example, if the conservatee objects to the conservator's appointment,
he or she may object and the court will assign counsel for the
conservatee for that purpose.
A conservator of the estate is required to
provide
accountings that give details of the conservatee's assets, income and
expenses, showing exactly how the conservatee's money was spent.
Additionally, the court will require that the conservator of the estate
to post a bond. The conservator is paid by the conservatee's estate and
the court supervises the reasonableness of the payments to the
conservator.
WHEN ARE
POWER OF ATTORNEY DOCUMENTS INSUFFICIENT?
While
a valid power
of attorney document can authorize the power of attorney holder to
accomplish certain tasks of a conservator, a power of attorney cannot
prevent the ill person from contracting, conveying property or
marrying. For example, a patient with Alzheimer's disease may become
subject to fraud or undue influence by unscrupulous persons.
While he or she could have given a valid
power of attorney
while he or she was well, he or she may be befriended, may marry, and
convey his or her property to a new spouse. In that situation, the
probate code provides that a conservatorship may be established, and
the conservator may ask the court to set aside any contract entered
into by the ill conservatee.
The advantage of the conservatorship is that
it can safeguard
against fraud or undue influence by a third party against the ill
person. Conservatorships can get costly when there is
litigation involved. Persons filing for conservatorship should
consider the costs before filing.
Administration
of psychotropic medications requires consent of the patient. When
the patient has a power of attorney, but is medication non-compliant, a
power of attorney is not enough and cannot be used to administer
psychotropic medication against the will of the patient.
A Power
of Attorney cannot be used to make a will for someone, or to change
his/her will. It can be used to create a trust, but not a
will.
Estate
Planning & Seniors
Elder
Law
Planning involves reviewing a senior's entire estate plan in a holistic
way. We view elder law as a preventative area of practice, with
an eye to prevent and protect the seniors from elder finicial abuse.
What is a Contested Conservatorship or
Conservatorship
Litigation matter?
Contested Conservatorship and conservatorship
litigation can
involve any of the following situations:
1. Objections to the initial appointment of a
particular
person as a conservator.
2. Removal of an existing Conservator for
cause.
3. Actions requesting appointment of a
successor conservator
to which others object.
4.
Disputes involving contested conservatorship accountings.
5. Determination of a undue influence on an
elderly or
disabled person.
6. Objections to Proposed Actions by
Conservator including
substituted judgment actions and trusts.
7. Family mediations in determining the best
conservator.
8. Requests to terminate a conservatorship or
modify powers
in a conservatorship.
9. Determination of rights to assets and
disputes relating to
ownership and title.
10. Conservatorship trials.
Call us at 818-340-4479 for more information
on
conservatorship and contested conservatorship and conservatorship
litigation matters. Woodland Hills Conservatorship Attorneys.
OFFICE
LOCATIONS
Main
Office:
21550 Oxnard Street, Third Floor
Woodland Hills, CA 91367
Phone: 818. 340. 4479
Fax: 818. 340. 7952
E-Mail: sirkinlaw@aol.com
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Glendale, CA 91203
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Los Angeles, CA 90064
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19800
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Irvine, CA 92715
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LAX area
6601 Center Drive West, Suite 500
Los Angeles, CA 90045
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445 N. Figueroa St., Suite 2600
Los Angeles, CA 90071
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