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ELDER LAW : WOODLAND HILLS ELDER LAW LAWYERS ATTORNEYS | SIRKIN LAW

On: June 3, 2020June 22, 2020 By: admin

An Elder Law Attorney protects assets and the well-being of older adults. The Woodland Hills Elder Law attorneys at Sirkin Law Group have dedicated the last twenty six years to the practice of elder law and the protection of the future of our elderly residents in Woodland Hills the San Fernando Valley. We believe that with Elder Law Planning, Conservatorships can be avoided for most of our clients with proper estate plans.

Before there is any medical emergency, we prepare our elder clients and their children by making sure they have the right documents at hand to protect them in urgent situations. Preparation is the only thing we can teach our clients to protect them from life events and third parties. Below you will find a list of documents you should have ready for your parents.

1. Their Advance Health Care Directive or Durable Power of Attorney for Health Care, and a Hipaa Release;
2. A copy of their Driver’s license or senior identification card;
3. Their Medicare number (same as Social Security number) , or if on Medi-Cal, their Medi-Cal Card or number.
4. Their supplemental insurance information, and policy number.
5. A list of their medications and allergies.
6. A complete list of doctor’s and their telephone numbers.
7. If a Veteran, their military identification number.
8. Location of their estate planning documents and the name and phone number of the preparing attorney.

TOP 10 QUESTIONS TO HELP YOU KNOW WHEN A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE.

Our Elder Law clients in Woodland Hills often ask us whether they need conservatorship for an elderly or disabled parent, or a disabled child. Below is a checklist we have developed to help you make the decision:

1. Can he or she properly administer medication to himself or herself?
2. Can he or she understand the consequence of making a medical decision?
3. Can he or she provide food or shelter for himself?
4. Is he or she easily influenced by others to give away his or her money?
5. Are there signs that he or she cannot be safe when left alone at home?
6. Is he or she bathing himself or herself?
7. Does he or she wear clean clothes or wash his or her clothes?
8. Are there bills that are unpaid?
9. Is he or she forgetful of recent events?
10. Are there people who are trying to take financial advantage of him or her?

WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?

1. Call our office at 818.340.4479 and ask for a call assessment regarding your case.
2. Ask us to give you a Capacity Declaration to be completed by a physician. If your loved one will not submit to a doctor’s examination, please call us.
3. Gather a list of medications and assets of your loved one
4. Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Mina Sirkin, Woodland Hills Elder Law Attorney at 818.340.4479; San Fernando Valley Elder Law. Our Woodland Hills Elder Law office serves the Woodland Hills, Calabasas, West Hills, San Fernando Valley, Tarzana, Reseda, Agoura, Hidden Hills, Canoga Park, Winnetka, and Westlake Village areas in contested elder law matters and uncontested elder law planning cases. Elder Law Woodland Hills: Elder Law

Elder Law Office Address: 21550 Oxnard St. #300, Woodland Hills, California 91367 See our Elder Law attorney in Woodland Hills.

WOODLAND HILLS ELDER LAW | ATTORNEYS & LAWYERS | SIRKIN LAW

On: June 3, 2020June 22, 2020 By: admin

Caring for an elderly person in Woodland Hills can be complex. Woodland Hills elder law attorney, Mina Sirkin explains the details you need to know for a successful conservatorship case.

What is Elder Law? Elder Law is the area of law dedicated to providing legal services to persons above 65 years of age, which includes estate planning, creation of power of attorney documents, Advance Health Care Directives. Woodland Hills Elder Care Law attorneys at Sirkin Law Group have dedicated the last twenty three years to preparation for the future of our elderly clients in Woodland Hills Ca. We believe that Conservatorships can be avoided for most of our clients with proper estate plans.

Before there is any medical emergency, we prepare our Woodland Hills elder clients and their children by making sure they have the right documents at hand. Below you will find a list of documents you should have ready for your parents.

1. Their Advance Health Care Directive or Durable Power of Attorney for Health Care, and a Hipaa Release;

2. A copy of their Driver’s license or senior identification card;

3. Their Medicare number (same as Social Security number) , or if on Medi-Cal, their Medi-Cal Card or number.

4. Their supplemental insurance information, and policy number.

5. A list of their medications and allergies.

6. A complete list of doctor’s and their telephone numbers.

7. If a Veteran, their military identification number.

8. Location of their estate planning documents and the name and phone number of the preparing attorney.

TOP 10 QUESTIONS TO HELP YOU KNOW WHEN A ELDER LAW HELO OR A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE:

Clients in Woodland Hills often ask us whether they need conservatorship for an elderly or disabled parent, or a disabled child. Below is a checklist we have developed to help you make the decision:

1. Can he or she properly administer medication to himself or herself?

2. Can he or she understand the consequence of making a medical decision?

3. Can he or she provide food or shelter for himself?

4. Is he or she easily influenced by others to give away his or her money?

5. Are there signs that he or she cannot be safe when left alone at home?

6. Is he or she bathing himself or herself?

7. Does he or she wear clean clothes or wash his or her clothes?

8. Are there bills that are unpaid?

9. Is he or she forgetful of recent events?

10. Are there people who are trying to take financial advantage of him or her?

WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?

1. Call our attorneys at the Woodland Hills Conservatorship office at 818.340.4479 and ask for a call assessment regarding your case.

2. Ask us to give you a Capacity Declaration to be completed by a physician. If your loved one will not submit to a doctor’s examination, please call us.

3. Gather a list of medications and assets of your loved one

4. Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Conservatorship Attorney: Call Mina Sirkin, Woodland Hills Elder Law Attorney at 818.340.4479. Our Woodland Hills office serves the Woodland Hills, Calabasas, West Hills, Tarzana, Reseda, Agoura, Hidden Hills, Canoga Park, Winnetka, and Westlake Village areas. Elder Law Attorney Woodland Hills Ca. Caring for the elderly is our only business and we are very proud to serve your family in elder law.

CONSERVATORSHIPS ATTORNEY | SIRKIN LAW | 818.340.4479

On: June 3, 2020June 22, 2020 By: admin

CONSERVATORSHIP & ELDER LAW ATTORNEY GRANADA HILLS CA

Conservatorship Attorney Lawyer

Conservatorship: Conservatorships for Granada Hills residents are judicially created relationships where an adult is given the legal authority and responsibility to care for another adult. Our Granada Hills Conservatorship attorneys and lawyers can assist you with the conservatorship process in and planning for the well-being of your loved ones in Granda Hills.

Types of Conservatorship:

In general, Conservatorships in Los Angeles County 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.

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 life-time processes and 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.

Conservators of estate are bonded which insures recovery to an estate in the event the assets are lost through a breach of fiduciary duty by the Conservator.

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. We have served Granda Hills California Residents since 1992.

California Conservatorship Process:

Conservatorships become necessary and 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.

Conservatorship proceedings start when a petition is 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 account and to provide schedules of accountings to the court and interested parties, which 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.

THINGS YOU CANNOT DO WITH A POWER OF ATTORNEY DOCUMENT:

1. You cannot force a patient to take psychotropic medications with a power of attorney. Doctors cannot administer psychotropic medications without the patient’s consent, even if there is a power of attorney.
2. You cannot prevent the elder/ disabled from entering into contracts, transferring assets and property, or prevent them from marrying with a power of attorney. Prohibitions from acting have to be obtained via a court order in a Conservatorship.
3. If the disabled person lacks capacity at the time of siging, you will have an invalid power of attorney.

4. Unlike a trust, you cannot create or change a will of a person with a power of attorney.

READ THE FULL ARTICLE ON 8 THINGS YOU CANNOT DO WITH A POWER OF ATTORNEY.

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. Granada Hills Ca residents have hired us for over 22 years to assist them with Conservatorships.

What is a Contested Conservatorship or Conservatorship Litigation matter?

Contested Conservatorship and conservatorship litigation matters often 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. Petitions to create wills or trusts in a Conservatorship (called Substituted Judgment Petitions).

11. Conservatorship trials.

Our Specialist attorney is ready to serve Granada Hills residents with Conservatorships. Call us at 818-340-4479 for more information on conservatorships and contested conservatorship sand conservatorship litigation matters. Granada Hills Conservatorship Attorney.

CONSERVATORSHIPS ATTORNEY | SIRKIN LAW | 818.340.4479

On: June 3, 2020June 22, 2020 By: admin

CONSERVATORSHIP & ELDER RECOVERY LAW ATTORNEY NORTHRIDGE CA

Conservatorship and Guardianship Attorneys Lawyers

CONSERVATORSHIPS: A Conservatorship is a legal procedure to help Northridge residents when it is necessary to have someone with legal authority and responsibility to care for another adult. The Court appoints a Conservator to take on the role of a caretaker for the disabled person. Conservatorships are generally needed for persons who cannot care for themselves, when no estate planning has been done, or where a power of attorney is not a suitable alternative. Our Conservatorship lawyers can assist Northridge residents with the conservatorship process and in planning for the well-being of your loved ones in Northridge Ca.

Types of Conservatorship:

In general, Conservatorships in Los Angeles County 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 normally files for a Conservatorship?

Generally, spouses, children, relatives, friends, the public guardian, and professional fiduciaries.

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 generally continues 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.

A permanent Conservatorship lasts as long as the Conservatee is alive, and should only be used when absolutely necessary. Candidates for conservatorships are usually elderly or 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.

PROTECTION FOR THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP

Conservatorship proceedings and actions of conservators are court supervised and are protective proceedings.

In a Conservatorship, the Court can suspend a power of attorney.

Conservators of estate are bonded which insures recovery to an estate in the event the assets are lost through a breach of fiduciary duty by the Conservator.

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. We have served Burbank California Residents since 1992.

California Conservatorship Process:

Conservatorships become necessary and 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.

The 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 a court appointed counsel for the conservatee for that purpose.

A conservator of the estate is required to account and to provide schedules of accountings to the court and interested parties, which 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.

A FEW THINGS YOU CANNOT DO WITH A POWER OF ATTORNEY DOCUMENT:

1. You cannot force a patient to take psychotropic medications with a power of attorney. Doctors cannot administer psychotropic medications without the patient’s consent, even if there is a power of attorney.
2. You cannot prevent the elder/ disabled from entering into contracts, transferring assets and property, or prevent them from marrying with a power of attorney. Prohibitions from acting have to be obtained via a court order in a Conservatorship.
3. If the disabled person lacks capacity at the time of siging, you will have an invalid power of attorney.

See our full article on 8 Things You Cannot Do with a Power of Attorney in California.

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. A person with a power of attorney cannot prepare a will for the conservatee. 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. North ridge Ca residents have hired us for over 22 years to assist them with Conservatorships.

Contested Conservatorship or Conservatorship Litigation: Competing Petitions.

Contested Conservatorship and conservatorship litigation matters often 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 mediation helps in determining who will be 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. Petitions to create wills or trusts in a Conservatorship (called Substituted Judgment Petitions).

11. Conservatorship trials.

Our Specialist attorney is ready to serve Northridge residents with Conservatorships. Call us at 818.340.4479 for more information on conservatorships and contested conservatorship sand conservatorship litigation matters. Northridge Conservatorship Attorney.

CONSERVATORSHIPS ATTORNEY BURBANK CA SIRKIN LAW | 818.340.4479

On: June 3, 2020June 24, 2020 By: admin

CONSERVATORSHIP & ELDER RECOVERY LAW ATTORNEYS LAWYERS BURBANK CA

Conservatorships Litigation Lawyers help prevent loss to the elderly and recover assets for the conservatorship estate.

WHEN IS A CONSERVATORSHIP NEEDED? When a Conservatorship is created for a Burbank resident, it gives the necessary power to a person called a Conservator to care for an ill person who cannot help care for himself or herself. The ill person is called a conservatee, indicating that he or she is a person who requires protection. Does a conservatorship have to be established by the court? Yes. If you have a loved one in Burbank who needs help, it is necessary to have a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult. Where a valid power of attorney cannot be obtained and does not exist, the conservatorship may be suitable, but the suitability must be explored first. Our Conservatorship lawyers can assist persons near or in Burbank with the conservatorship process and in planning for the well-being of your loved ones.

How to tell what type of conservatorship is necessary? Talk to us about the differences.

In general, Conservatorships in Los Angeles County 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 normally files for a Conservatorship?

Generally, spouses, children, relatives, friends, the public guardian, and professional fiduciaries.

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 intended to last as long as the Conservatee is alive, and should only be used when absolutely necessary. Candidates for conservatorships are usually elderly or disabled. Some conservatees may have Alzheimer’s disease, dementia, Parkinson’s, autism, or other diseases. Once a Conservator is appointed, the Conservator can ask the Court for authorization to do estate planning, or to sell a property.

PROTECTION FOR THE PERSON AND ESTATE OF ELDERLY AND DISABLED WITH A CONSERVATORSHIP

Conservatorship proceedings and actions of conservators are court-supervised and are protective steps to consider for your family.

Conservators of estate are bonded which bond insures the recovery to an estate in the event the assets are lost through a breach of fiduciary duty by the Conservator.

10. Petitions to create wills or trusts in a Conservatorship (called Substituted Judgment Petitions).

11. Conservatorship trials.

Call the attorneys who care about Burbank and its elderly and disabled. Our Specialist conservatorship attorney is ready to serve Burbank Ca residents with Conservatorships. In Burbank, call us at 818.340.4479 for more information, a free consultation on conservatorships and contested conservatorship and conservatorships litigation. Burbank Conservatorship Attorney.

ELDER LAW ATTORNEY | SIRKIN LAW | 818.340.4479

On: June 3, 2020June 22, 2020 By: admin

ELDER LAW ATTORNEY VAN NUYS CA

Elder Law & Elder Care Litigation Attorney Lawyer

What is Elder Law? Elder Law is a multi-facetted legal practice which ranges from elder care to elder financial abuse and conservatorships. Attorneys at Sirkin Law Group have helped Van Nuys residents obtain legal rights to care and protect elderly for over 22 years. As Elder Law experts, we handle, trust, conservatorship, elder abuse and property rights involving the elderly senior citizens.

Areas of assistance and representative cases:

Disputes between two siblings over care of a parent.
Disputes among children over property of parents.
Recovery of an elder person’s assets from hands of unscrupulous persons.
Assistance with selecting the right housing for elderly persons.
Obtaining Medi-Cal benefits by planning for the elder’s assets.
Asset protection from Mede-Cal.
Selection and appointment of fiduciaries, including professional fiduciaries, to manage an elder’s assets during incapacity.
Care for incapacitated Parents: Appointment of a Conservator or Objection to appointment of a Conservator.
Making sure power of attorney documents are the correct way to go.
Elder Care Mediation.
Elder Law Litigation and Trials.

Our Elder Law lawyers can assist you with all of the process in and planning for the well-being of your loved ones in Van Nuys.

Our Specialist elder law attorney is ready to serve Van Nuys residents with Elder Law. Call us at 818-340-4479 for more information on elder care and elder law processes, as well as conservatorships and trusts. Van Nuys Elder Law Attorney.

CONSERVATORSHIPS ATTORNEY | SIRKIN LAW | 818.340.4479

On: June 3, 2020June 22, 2020 By: admin

CONSERVATORSHIP & ELDER LAW ATTORNEY VAN NUYS CA

Conservatorship and Conservatorship Litigation Attorney Lawyer

What is a Conservatorship Proceeding? A Conservatorship created for Van Nuys residents is a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult. Our Los Angeles & Van Nuys Conservatorship lawyers can assist you with the conservatorship process in and planning for the well-being of your loved ones in Los Angeles County.

Types of Conservatorship:

In general, Conservatorships in Los Angeles County 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.

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 life-time processes and 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.

Conservators of estate are bonded which insures recovery to an estate in the event the assets are lost through a breach of fiduciary duty by the Conservator.

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. We have served Sherman Oaks California Residents since 1992.

California Conservatorship Process:

Conservatorships become necessary and 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.

The 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 account and to provide schedules of accountings to the court and interested parties, which 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.

THINGS YOU CANNOT DO WITH A POWER OF ATTORNEY DOCUMENT:

1. You cannot force a patient to take psychotropic medications with a power of attorney. Doctors cannot administer psychotropic medications without the patient’s consent, even if there is a power of attorney.
2. You cannot prevent the elder/ disabled from entering into contracts, transferring assets and property, or prevent them from marrying with a power of attorney. Prohibitions from acting have to be obtained via a court order in a Conservatorship.
3. If the disabled person lacks capacity at the time of siging, you will have an invalid power of attorney.

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. Van Nuys Ca residents have hired us for over 22 years to assist them with Conservatorships.

What is a Contested Conservatorship or Conservatorship Litigation matter?

Contested Conservatorship and conservatorship litigation matters often 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. Petitions to create wills or trusts in a Conservatorship (called Substituted Judgment Petitions).

11. Conservatorship trials.

Our Specialist attorney is ready to serve Van Nuys residents with Conservatorships. Call us at 818-340-4479 for more information on conservatorships and contested conservatorship sand conservatorship litigation matters. Van Nuys Conservatorship Attorney.

WOODLAND HILLS ELDER LAW SIRKIN LAW ATTORNEY LAWYER CONSERVATORSHIP

On: June 3, 2020June 23, 2020 By: admin

The Elder Law attorney and lawyers at Sirkin Law Group have dedicated the last 26 years to legal protection of our elder law Woodland Hills and Los Angeles estate planning clients. We believe that Conservatorships and the need for a conservatorship petition can be avoided for most elders or seniors with the proper elder law planning tools such as estate planning.

Before there is any medical emergency, we prepare our elder clients and their children by making sure they have the right documents at hand. Below you will find a list of documents you should have ready for your parents.

1. Their Advance Health Care Directive or Durable Power of Attorney for Health Care, and a HIPAA Release;

2. A copy of their Driver’s license or senior identification card;

3. Their Medicare number (same as Social Security number) , or if on Medi-Cal, their Medi-Cal Card or number.

4. Their supplemental insurance information, and policy number.

5. A list of the elder’s medications and allergies.

6. A complete list of doctor’s and their telephone numbers.

7. If a Veteran, their military identification number.

8. Location of their legal documents, estate planning documents and the name and phone number of the preparing attorney.

TOP 10 QUESTIONS TO HELP YOU KNOW WHEN A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE, AND IF YOU SHOULD FILE A CONSERVATORSHIP PETITION.

Clients in Woodland Hills often ask us whether they need conservatorship for an elderly or disabled parent, or a disabled child. Below is a checklist we have developed to help you make the decision:

1. Can he or she properly administer medication to himself or herself?

2. Can he or she understand the consequence of making a medical decision?

3. Can he or she provide food or shelter for himself?

4. Is he or she easily influenced by others to give away his or her money?

5. Are there signs that he or she cannot be safe when left alone at home?

6. Is he or she bathing himself or herself?

7. Does he or she wear clean clothes or wash his or her clothes?

8. Are there bills that are unpaid?

9. Is he or she forgetful of recent events?

10. Are there people who are trying to take financial advantage of him or her?

WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?

1. Call our office at 818.340.4479 and ask for a call assessment regarding your case.

2. Ask us to give you a Capacity Declaration to be completed by a physician. If your loved one will not submit to a doctor’s examination, please call us.

3. Gather a list of medications and assets of your loved one

4. Set an in-person appointment to go over the Conservatorship petitions and procedures in Los Angeles County.

Call Attorney Mina Sirkin, Board Certified Specialist in Estate Planning and Woodland Hills Elder Law & Estate Planning Attorney at 818.340.4479. Our Woodland Hills office serves the Woodland Hills, Calabasas, West Hills, Tarzana, Reseda, Agoura, Hidden Hills, Canoga Park, Winnetka, and Westlake Village areas. Elder Law Attorney Woodland Hills. Contact us at: Info@SirkinLaw.com. We are located at 21550 Oxnard St. #300, Woodland Hills, Ca 91367. Woodland Hills Office: 21550 Oxnard St. #300, Woodland Hills, CA 91367.

LOS ANGELES CONSERVATORSHIP ATTORNEY

On: June 3, 2020June 23, 2020 By: admin

TOP 11 QUESTIONS TO HELP YOU KNOW WHEN A CONSERVATORSHIP LAW ATTORNEY IS NEEDED FOR A LOVED ONE IN LOS ANGELES.

Clients in Los Angeles often ask us whether they need conservatorship for an elderly or disabled parent, or a disabled child. Conservatorships in general are complicated in Los Angeles. Our conservatorships law firm makes conservatorships simple in California.

Below is a checklist we have developed to help you make the decision when there are no power of attorney documents in place:

1. Can he or she properly administer medication to himself or herself?

2. Can he or she understand the consequence of making a medical decision?

3. Can he or she provide food or shelter for himself?

4. Is he or she easily influenced by others to give away his or her money?

5. Are there signs that he or she cannot be safe when left alone at home?

6. Is he or she bathing himself or herself?

7. Does he or she wear clean clothes or wash his or her clothes?

8. Are there bills that are unpaid?

9. Is he or she forgetful of recent events?

10. Are there people who are trying to take financial advantage of him or her?

11. Is the ill person not able to understand the consequences of one’s actions, medication and diagnosis.

CAN I GET A CONSERVATORSHIP IF THERE IS A POWER OF ATTORNEY IN PLACE?

Yes. Power of attorney documents can be suspended or revoked by the court. You can appoint a conservator, and ask that the court suspend the agent under a power of attorney for good cause. An agent under a power of attorney can be forced to account for the assets of the person which they handle.

WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?

1. Check to see if there are valid Advanced Directives and power of attorney documents in place. Whether or not a document is valid, depends on whether it was executed free of undue influence, fraud, and while the person had capacity as principal.

2. Call Sirkin Law Group, your conservatorship law firm at 818.340.4479 and ask for a conservatorships assessment regarding your case.

3. Ask us to give you a Capacity Declaration to be completed by a physician. If your loved one will not submit to a doctor’s examination, please call us.

4. Gather a list of medications and assets of your loved one. Be sure to read our article regarding aging parents.

5. Set an in-person appointment to go over the Conservatorships procedures and process in Los Angeles County. Talk to our firm lawyers to see how conservatorships law can benefit your family members.

Sirkin Law Group, Conservatorship Law: Mina Sirkin, a top Los Angeles Conservatorship Attorney at 818.340.4479. Conservatorships Los Angeles. Our attorneys serve the Los Angeles, Glendale, Pasadena, Santa Monica, West Los Angeles, Venice, Marina Del Rey, Woodland Hills, Calabasas, Valley, San Fernando Valley, West Hills, Tarzana, Agoura, Hollywood, San Marino, North Hills, Panorama City, Northridge, Chatsworth, West Los Angeles Conservatorships, Northridge, Canoga Park, Winnetka, Encino, Sherman Oaks, Burbank, North Hollywood, and Westlake Village areas. Conservatorship Attorney Los Angeles.

LOS ANGELES CONSERVATORSHIPS & GUARDIANSHIPS | SIRKIN LAW GROUP | 818.340.4479 | LOS ANGELES CA CONSERVATOR

On: June 3, 2020June 23, 2020 By: admin

SIGNS OF COGNITIVE DECLINE IN ELDERLY: CONSERVATORSHIP IN LOS ANGELES

Conservatorships: Clients in Los Angeles often ask us whether they should become conservators for an elderly, disabled, aging parent, or a disabled child. Below is a checklist we have developed to help you see signs of cognitive decline to best determine whether it is time to consider a conservatorship for a relative in Los Angeles.

1. Can he or she properly administer medication to himself or herself? Does he/she order the medication timely?
2. Can he or she understand the consequence of making a medical decision?
3. Can he or she provide food or shelter for himself? Check to see of there is fresh food in the house.
4. Is he or she easily influenced by others to give away his or her money?
5. Are there signs that he or she cannot be safe when left alone at home?
6. Is he or she bathing himself or herself regularly?
7. Does he or she wear clean clothes or wash his or her clothes?
8. Are there bills that are unpaid? Are there piles of unopened mail?
9. Is he or she forgetful of recent events?
10. Are there people who are trying to take financial advantage of him or her?

11. Does he/she exercise poor judgment?

12. Does he/she try to drive, even though he/she has been told not to drive by a physician?

13. Does he/she drive despite his/her driver’s license having been revoked?

14. Is the house full of trash?

15. Has he/she been diagnosed with a illness?

WHAT TO DO NEXT:

1. Find out if there is an Advance Health Care Directive or Power of Attorney in place. If you question capacity, an opinion of a physician is always helpful.
2. Call our office at 818.340.4479 and ask for a call assessment regarding your case or to petition to appoint a conservator.
3. Ask us to give you a Capacity Declaration to be completed by a physician. If your loved one will not submit to a doctor’s examination, please call us.
4. Gather a list of medications and assets of your loved one.
5. Set an appointment to learn about Conservatorship Procedures in Los Angeles CA.

Call Mina Sirkin, Los Angeles Conservatorship Attorney at 818.340.4479. Our West Los Anglees, Ca office serves all of Los Angeles County and surrounding areas in Conservatorship and Guardianship matters. We can assist you in helping your loved ones and your aging parents by appointing a conservator in Los Angeles. Read more about Conservatorship Attorney Los Angeles.

West Los Angeles Ca Office address: 11400 W. Olympic Blvd. Suite 200, CA 90064.