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WILLS | LAWYERS ATTORNEYS | LOS ANGELES GLENDALE PASADENA WOODLAND HILLS

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WHAT IS A WILL?

A will is a set of instructions left by a person who is deceased as to how to distribute his or her assets.   In this document, an executor is named to handle the responsibility of collecting the assets, paying the creditors, and distributing the estate assets with Court approval.     Attorneys at Sirkin Law Group have over 22 years of experience preparing wills and administering them in probate courts in Los Angeles Ca.

WHAT IS THE THRESHOLD FOR PROBATE?

In California, if the non-beneficiary assets of the person are at $!50,000 and above, the will must be probated.  Ask us what is subject to the $150,000.    If all assets fall below $150,000, then the assets may be collected by  an Affidavit of Small Estate in California.    The $150,000 is comprehensive, it includes real property and personal property, which does not have a beneficiary, and whites not in a trust.

WHAT KINDS OF WILLS ARE THERE?

There are several different kinds of Wills:

1.  Holographic Will:   This type of will is entirely written in the decedent’s handwriting, signed and dated.

2.  Statutory Will Form:   This type of will can be used in limited situations where there are no beneficiaries who are disabled, and where there is no trust.  This type of will does not provide for too many alternatives and has limited use.   

3.   Attorney Prepared Will:   A general will has to be witnessed by at least two witnesses in California.   Attorneys will question their clients regarding beneficiaries’ abilities and disabilities.   An attorney drafted will is flexible in that it can provide for many different alternatives.  

4.  Pourover Will:  This type of will comes with a trust.  It is a catch all for a trust in the even the decedent has left an asset out of the name of the trust and without a beneficiary designation.

To find out more about the various types of wills available for your special situation, call the lawyers at Sirkin Law Group, P.C. in Los Angeles, Glendale, Woodland Hills and Pasadena Ca.   We have a specialist on staff to assist you with an situation involving wills in California.

Special Administration | Attorneys Lawyers | Los Angeles Glendale Pasadena Woodland Hills

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Special Administrators are usually appointed in situation which require immediate attention or urgencies in estate matter.  

WHAT DOES A SPECIAL ADMINISTRATOR DO?

A Special Administrator may have special powers, such as powers to litigate, or to preserve or locate assets of the estate.    A Special Administrator with special powers usually does not distribute the assets, but collects them long enough for a general administrator or executor to be appointed.   Sometimes, if there is a dispute between two parties in appointing an executor, of if there are competing probate petitions, a special administrator will be appointed to pay the mortgage on the estate property, or to preserve it.     If a property is in foreclosure, a Special Administrator may be appointed on short notice to try to stop the foreclosure.   

WHAT DOES SPECIAL ADMINISTRATION COST?

A Special Administrator has to apply to the court for fees, and those fees are usually customary hourly rates of the person who is appointed as a special administrator.  If the Special Administrator is represented by counsel, his or her attorney also needs to apply to the Court for fees. 

HOW LONG DOES SPECIAL ADMINISTRATION LAST?

A Special Administration may last until a general administrator is appointed, or until he or she received general Letters of Administration.  This can be as short as a few months, or as long as a few years. 

WHAT IS THE BENEFIT OF A SPECIAL ADMINISTRATOR?

A Special Administrator can be beneficial to help bring two parties together to settle probate disputes.   Many times, Special Administrators are private professional fiduciaries who will be neutral to the parties.    Special Administrators who are attorneys do not require being represented by an attorney, but may be represented by counsel, if needed.

CALL US WHEN YOU NEED SPECIAL ADMINISTRATION SERVICES:

Attorneys at Sirkin Law Group, P.C. can assist you with all aspects of special administration in Los Angeles, Glendale, Pasadena and Woodland Hills.   Call 818.340.4479.

SPECIAL NEEDS TRUSTS FOR LANTERMAN PARENTSCALABASAS CA

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PREPARING A SPECIAL NEEDS TRUST FOR A SPECIAL NEEDS CHILD IN LOS ANGELES COUNTY CALIFORNIA.

​Special needs parents who have a child at Lanterman Regional Center have expressed that the greatest challenge for them is preparing for the security of the future of the special needs child.​   Preparation of a Special needs trust for the benefit of special needs kids is our expertise. There are a number things to think about when forming a good life plan including a special needs trust, and you should pay attention to selecting the right combination of resources for the special needs child so that all the benefits come together at the same time.

THREE MAIN THINGS:   CREATE IT, NAME A TRUSTEE, AND FUND IT

1.  Selecting the right trustee.

2.  Selecting the the right Successor Trustees.

3.  Deciding whether or not to create a stand-alone trust or to make it a subtrust of your main living trust.

4.   Funding it with the right assets and keeping it funded.    Life insurance is one of the best ways of funding a special needs trust.   Other assets may be suitable as well, depending on whether we create a stand-alone special needs trust or a special needs trust as a subtrust of a revocable living trust.   Ask us which is more appropriate.

As special needs attorneys, we focus our special needs planning based on personal experience.  When leaving an inheritance to a special needs child, your attention should be on the selection of the trustee and the special needs language as well as the expected cost of living of the child.  Special Needs Lawyers can address each special needs issue specifically and individually for Lanternman parents.  A Special Needs Trust is crafted by an attorney to assess and manage inheritances, litigation proceeds, and other resources while maintaining the child’s or disabled adult’s eligibility for the much desired public assistance benefits.
​
WHO SHOULD THINK ABOUT CREATING A SPECIAL NEEDS TRUST?  

Parents and grandparents who have children or grandchildren with special needs should create special needs trusts so they do not inadvertently disqualify the special needs child from his or her benefits.

Generally, parents, grandparents or others may fund a third party special needs trust the with resources which they deem appropriate for the trust with some limitations. For litigation special needs trusts, the Court will authorize creation of the trust. The Special Needs trust assets are managed by a trustee for the benefit of the child or adult with the disability.   On the other hand, first party special needs trusts are created with the assets of the disabled beneficiary, such as litigation proceeds, via a court order.   While asking relatives whether they have left an inheritance to a special needs child may seem inappropriate, it may actually save the child’s government benefits, if it is discussed.

WHY SHOULD YOU FORM A SPECIAL NEEDS TRUST?

You should prepare a special needs trust to allow a disabled person to receive supplemental benefits from you, AND to be able to maintain his or her government benefits, at the same time.   An SNT (Special Needs Trust) allows for additional benefits above and beyond the government help, and does not disqualify the disabled person from receiving the additional assistance.

Government agencies generally honor special needs trusts, but many agencies have imposed stringent rules and regulations upon them. This is why it is of most importance that you, as parents consult an experienced attorney regarding current government benefit programs.

THREE TYPES OF SPECIAL NEEDS TRUSTS: 

There are generally three types of Special Needs Trusts.

1.  Third Party Special Needs Trust: This type of trust is created by a parent, grandparent or other persons for the benefit of the disabled person.  In this type of trust, the parent or grandparent is the grantor.  The assets which go into this type of trust come from a third party other than the disabled person.

2.  First Party Special Needs Trust:  This type of trust is created for benefit of the disabled individual, often with a court order, and contains repayment provisions for Medi-Cal.   This type of trust can be created by a Conservator/Guardian/ Parent or Grandparent.  This type of trust is generally used for litigation proceeds and sometimes for inheritances which were distributed to the disabled person by error.  This type of trust is created in a Minor’s Compromise or Disabled Person’s Compromise proceeding.

a)    Litigation and Structured Settlement Special Needs Trusts.
b)    Qualified Settlement Trusts.
c)    Litigation Proceeds Special Needs Trusts.

3.  Pooled Trusts: A pooled trust is usually administered by a corporate fiduciary and is used in specific situations where the Medi-Cal or SSI beneficiary is 65 years old and over, or on where appropriate when the beneficiary will be receiving settlement proceeds.   This type of trust has a corporate trustee.

Much care must be given to the language of the trust to prevent the loss of the needed services and assistance.

The disabled person is the beneficiary of the trust. The trust is discretionary and the trustee has absolute discretion to determine when and how much the disabled individual should receive. The disabled individual cannot be the trustee of this trust.

A Checklist of important items to know for Calabasas parents regarding a Third Party Special Needs Trust:
 
The SNT is established (grantor, settlor) by family members such as parents, grandparents, and sometimes by conservators of parents/ or grandparents.   They are always formed by someone other than the person with the disability.

The SNT assets are managed by a trustee (and successor trustees) and NOT the person with the disability;  In fact, the disabled beneficiary cannot be named as trustee of the SNT.

The SNT gives the trustee or successor trustee the absolute discretion to provide whatever assistance is needed.  This means that no mandatory distributions can be made;

The SNT should prohibit giving the person with the disability more income or resources than permitted by the government;

The SNT is for supplementary purposes only; it should add to items provided by the government benefit program, and should not replace those government benefits;

The terms of the SNT define “supplementary needs” in general terms, as well as in specific terms related to the unique needs of the disabled individual;

The terms of the SNT may provide instructions for the disabled person’s final and funeral arrangement;

The terms of the SNT will determine who should receive the remainder balance of the trust after the disabled person dies;

The creator of the SNT trust determines choices for successor trustees. These can be family members, friends or professional organizations who have the best interest of the person with the disability in mind; and

A Third party SNT is a spendthrift trust and generally protects the trust against creditors or government agencies trying to obtain funds from the disabled person.


Our Special Needs Trust attorneys are ready to serve Lanternman parents and your family.   Only 1% of all California attorneys are Specialists.   Mina Sirkin is a Certified Specialist Attorney in Probate, Estate Planning and Trust Law.  

Call Los Angeles Special Needs Trusts Attorneys: 818.340.4479. Special Needs Trusts.    

WEST HILLS CA SPECIAL NEEDS TRUST ATTORNEY CALABASAS CA

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PREPARING A SPECIAL NEEDS TRUST FOR A SPECIAL NEEDS CHILD IN WEST HILLS CALIFORNIA.

​As a special needs parent, the greatest challenge is preparing for the security of the future of the special needs child.

Preparation of a Special needs trust for the benefit of special needs kids is our expertise. There are a number things to think about when forming a good life plan including a special needs trust, and you should pay attention to selecting the right combination of resources for the special needs child so that all the benefits come together at the same time.

THREE MAIN THINGS:   SPECIAL NEEDS TRUST TRUSTEE, FUNDING & RESOURCES

1.  Selecting the right trustee.

2.  Selecting the the right Successor Trustees.

3.  Deciding whether or not to create a stand-alone trust or to make it a subtrust of your main living trust.

4.   Funding it with the right assets and keeping it funded.    Life insurance is one of the best ways of funding a special needs trust.   Other assets may be suitable as well, depending on whether we create a stand-alone special needs trust or a special needs trust as a subtrust of a revocable living trust.   Ask us which is more appropriate.

As special needs attorneys, we focus our special needs planning based on personal experience.  When leaving an inheritance to a special needs child, your attention should be on the selection of the trustee and the special needs language as well as the expected cost of living of the child.  West Hills Special Needs Lawyers can address each special needs issue specifically and individually.  A Special Needs Trust is crafted by an attorney to assess and manage inheritances, litigation proceeds, and other resources while maintaining the child’s or disabled adult’s eligibility for the much desired public assistance benefits.
​
WHO SHOULD THINK ABOUT CREATING A SPECIAL NEEDS TRUST?  Parents and grandparents who have children or grandchildren with special needs.

Generally, parents, grandparents or others may fund a third party special needs trust the with resources which they deem appropriate for the trust with some limitations. For litigation special needs trusts, the Court will authorize creation of the trust. The Special Needs trust assets are managed by a trustee for the benefit of the child or adult with the disability.   On the other hand, first party special needs trusts are created with the assets of the disabled beneficiary, such as litigation proceeds, via a court order.   While asking relatives whether they have left an inheritance to a special needs child may seem inappropriate, it may actually save the child’s government benefits, if it is discussed.

WHY SHOULD YOU FORM A SPECIAL NEEDS TRUST?

You should prepare a special needs trust to allow a disabled person to receive supplemental benefits from you, AND to be able to maintain his or her government benefits, at the same time.   An SNT (Special Needs Trust) allows for additional benefits above and beyond the government help, and does not disqualify the disabled person from receiving the additional assistance.

Government agencies generally honor special needs trusts, but many agencies have imposed stringent rules and regulations upon them. This is why it is of most importance that you, as parents consult an experienced attorney regarding current government benefit programs.

THREE TYPES OF SPECIAL NEEDS TRUSTS: 

There are generally three types of Special Needs Trusts.

1.  Third Party Special Needs Trust: This type of trust is created by a parent, grandparent or other persons for the benefit of the disabled person.  In this type of trust, the parent or grandparent is the grantor.  The assets which go into this type of trust come from a third party other than the disabled person.

2.  First Party Special Needs Trust:  This type of trust is created for benefit of the disabled individual, often with a court order, and contains repayment provisions for Medi-Cal.   This type of trust can be created by a Conservator/Guardian/ Parent or Grandparent.  This type of trust is generally used for litigation proceeds and sometimes for inheritances which were distributed to the disabled person by error.  This type of trust is created in a Minor’s Compromise or Disabled Person’s Compromise proceeding.

a)    Litigation and Structured Settlement Special Needs Trusts.
b)    Qualified Settlement Trusts.
c)    Litigation Proceeds Special Needs Trusts.

3.  Pooled Trusts: A pooled trust is usually administered by a corporate fiduciary and is used in specific situations where the Medi-Cal or SSI beneficiary is 65 years old and over, or on where appropriate when the beneficiary will be receiving settlement proceeds.   This type of trust has a corporate trustee.

Much care must be given to the language of the trust to prevent the loss of the needed services and assistance.

The disabled person is the beneficiary of the trust. The trust is discretionary and the trustee has absolute discretion to determine when and how much the disabled individual should receive. The disabled individual cannot be the trustee of this trust.

A Checklist of important items to know for Calabasas parents regarding a Third Party Special Needs Trust:
 
The SNT is established (grantor, settlor) by family members such as parents, grandparents, and sometimes by conservators of parents/ or grandparents.   They are always formed by someone other than the person with the disability.

The SNT assets are managed by a trustee (and successor trustees) and NOT the person with the disability;  In fact, the disabled beneficiary cannot be named as trustee of the SNT.

The SNT gives the trustee or successor trustee the absolute discretion to provide whatever assistance is needed.  This means that no mandatory distributions can be made;

The SNT should prohibit giving the person with the disability more income or resources than permitted by the government;

The SNT is for supplementary purposes only; it should add to items provided by the government benefit program, and should not replace those government benefits;

The terms of the SNT define “supplementary needs” in general terms, as well as in specific terms related to the unique needs of the disabled individual;

The terms of the SNT may provide instructions for the disabled person’s final and funeral arrangement;

The terms of the SNT will determine who should receive the remainder balance of the trust after the disabled person dies;

The creator of the SNT trust determines choices for successor trustees. These can be family members, friends or professional organizations who have the best interest of the person with the disability in mind; and

A Third party SNT is a spendthrift trust and generally protects the trust against creditors or government agencies trying to obtain funds from the disabled person.


Our West Hills / Canoga Park Special Needs Trust attorneys are ready to serve you and your family.   Only 1% of all California attorneys are Specialists.   Mina Sirkin is a Certified Specialist Attorney in Probate, Estate Planning and Trust Law.  Call West Hills Special Needs Trusts Attorneys: 818.340.4479. Special Needs Trust West Hills / Canoga Park.    Our Woodland Hills Office serves all of West Hills Ca.  

​BUSINESS LITIGATION FOR TRUSTEES OF TRUSTS | PROBATE ATTORNEYS LAWYERS | GLENDALE PASADENA CA

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Trustees and beneficiaries often are involved in running or managing businesses.  Trustees who become involved in running family owned businesses may have dual fiduciary duties which have different consequences for the trusts than for business entities.  Corporation directors, officers, and controlling shareholder generally owe a fiduciary duty to the corporation, and then via the corporation to its shareholders.  Duties of care and loyalty are owed by the above in the corporation setting.  

In a trust setting, the duties of the trustee are far greater than those owed by directors, officers and controlling shareholders.     There are time when a trustee is an “interested” person and on both sides of a transaction in a business.     Trustees who engage in running a business should have both a business litigation attorney as well as a trust attorney to clarify their duties.

Call Sirkin Law Group at 818.340.4479 for a free business and trust consultation.  Our attorneys can advise of all the ramifications of business litigation involving trusts, estates, and conservatorships.   Our trust business litigation lawyers and attorneys in Los Angeles, Glendale, Woodland Hills and Pasadena are ready to serve you.​   

Advanced Health Care Directive Form – Los Angeles California Probate Attorney

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Any person residing in California who has capacity to sign and understand the ramifications of signing, should have an Advance Health Care Directive.    You may download it here.

A competent adult in California, even one with special needs may execute an Advance Health Care Directive which serves as a lesser restrictive alternative to a conservatorship of the person.   If you have concerns about providing for someone with special needs, contact our special needs lawyers in Los Angeles County.

Contact our Probate Lawyer in Los Angeles about your health care and elder law matters.

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Elder Law Woodland Hills

Conservatorship Attorney Woodland Hills

Elder Law Lawyer Woodland Hills

Elder Law Attorney Woodland Hills

FREE PROBATE CONSULTATION IN LOS ANGELES

CONSERVATORSHIPS | ATTORNEYS LAWYERS | CONSERVATORSHIP SIRKIN LAW

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What is a Conservatorship?  A Conservatorship is a legally created relationship where an adult (usually a parent or a child ) is given the legal authority and responsibility to care for another adult authorized by a court.   The attorneys at Sirkin Law Group, have helped establish conservatorships for residents in and near Calabasas for over 24 years, and can assist you with the conservatorship process in Los Angeles County.   We are local and serve all families in the San Fernando Valley areas, including Calabasas Ca.

Typical Clients:

  • Children who are looking to conserve their elderly or aging parent(s).
  • Parents who are looking to conserve a disabled child or a special needs child. 


Types of Conservatorship:

Conservatorships are created in the Los Angeles County probate court and have three basic types:

1) Conservatorship of the person; 2) Conservatorship of the Estate; and 3) Conservatorship of person and estate. 

There are large categories of types of Conservatorship matters also available, such as LPS Conservatorships (mental health) and Developmentally Disabled (Limited) Conservatorships.

DO YOU HAVE THE RIGHT OR STANDING TO FILE FOR A CONSERVATORSHIP?

Generally, spouses, parents, children, relatives, friends, the public guardian, and professional fiduciaries can file for conservatorships.   Spouses are given priority over others.   A parent can file for conservatorship of a child.  A child may also file to conserve his or her parent.

If there are several persons who have filed, the case then is litigated.  These situations many times includes competing petitions for conservatorship requesting that each petitioner becomes the conservator.  The court will will hold a hearing and decide who shall become the conservator.  This type of hearing can be short or a full trial.  Preference rules exist in California for making such a determination as to who has priority in appointments. Contested Conservatorship proceedings can take long and may result in trials.  

WHO CANNOT BECOME A CONSERVATOR?

Generally, a creditor of the conservatee cannot become the conservator of the estate of the conservatee.   Also, if a spouse is involved in a divorce proceeding, the spouse does not get priority and the court looks to see if it is even in the best interest of the conservatee to appoint the spouse.  Also, if the Court orders a bond and the petitioner is not bondable, and the nature of the assets do not allow for a blocked account, then petitioner cannot become the conservator.  

In situations like the above, a private professional fiduciary is most often the best-suited or most suitable alternative as a conservator, in contested cases.

HOW LONG DOES THE CONSERVATORSHIP LAST?

A conservatorship is life long process, 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, or 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.     If the Conservator dies, the Conservator of the estate still remains until he/she finishes his/her accounting.

Conservatorships are time consuming and expensive. They should only be used when absolutely necessary.

Candidates for conservatorships are usually disabled or elderly.  Some conservatees may have Alzheimer’s disease, dementia, Parkinson’s, Huntington’s disease, 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.

HOW DOES THE COURT PROTECT THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP? Woodland Hills and Calabasas Residents

Conservatorship proceedings and actions of conservators are court supervised.   The Court usually requires the Conservator to post a conservatorship bond before becoming a conservator of an estate.


Family members are given notice of the proceeding and financial records of the conservatee are summarized in a Conservatorship Accounting filed with the court.   If the conservatee’s residence is to be changed, parties will receive notice.

When a Conservatee needs psychiatric / psychotropic 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 order and 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 or a court appointed 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.  Caregivers and Conservators can be different people.  A conservator can hire caregivers and does not have to do caregiving.

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 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.


POWER OF ATTORNEY DOCUMENTS: ARE THEY GOOD ALTERNATIVES?


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.  Second and third marriages are common in California.  The right to marry is one that the Conservatee retains unless the court terminates it with an order.

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.


What is a Contested Conservatorship or Conservatorship Litigation matter?

Contested Conservatorship (competing conservatorship petitions) 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 a Conservator for cause.

3. Actions requesting appointment of a successor conservator to which others object.

4. Disputes involving contested conservatorship accountings.  These include formal objections to accounting by the conservator.

5. Determination of a undue influence on an elderly or disabled person.    Elder abuse actions can be brought in conservatorship cases.

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.

Review our Conservatorship Process Timeline here.

 Our Expert Conservatorship attorneys handle Conservatorships for Calabasas residents.  Call our lawyers at 818-340-4479 for more information on conservatorship, contested conservatorship, or conservatorship litigation matters in Calabasas Ca.   Free Probate Conservatorship Consultation.

CONSERVATORSHIPS | ATTORNEYS LAWYERS | CONSERVATORSHIP SIRKIN LAW

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What is a Conservatorship?  A Conservatorship is a legally created relationship where an adult (usually a parent or a child ) is given the legal authority and responsibility to care for another adult authorized by a court.   The attorneys at Sirkin Law Group, have helped establish Los Angeles Conservatorships for over 25 years, and can assist you with the conservatorship process in Los Angeles County.   We are local and serve all families in the San Fernando Valley areas, including West Hills and Canoga Park.

Typical Clients:

  • Children who are looking to conserve their elderly or aging parent(s).
  • Parents who are looking to conserve a disabled child or a special needs child. 


Types of Conservatorship:

Conservatorships are created in the Los Angeles County probate court and have three basic types:

1) Conservatorship of the person; 2) Conservatorship of the Estate; and 3) Conservatorship of person and estate. 

There are large categories of types of Conservatorship matters also available, such as LPS Conservatorships (mental health) and Developmentally Disabled (Limited) Conservatorships.

DO YOU HAVE THE RIGHT TO FILE FOR A CONSERVATORSHIP?

Generally, spouses, parents, children, relatives, friends, the public guardian, and professional fiduciaries can file for conservatorships.   Spouses are given priority over others.   A parent can file for conservatorship of a child.  A child may also file to conserve his or her parent.

If there are several persons who have filed, the case then is litigated.  These situations many times includes competing petitions for conservatorship requesting that each petitioner becomes the conservator.  The court will will hold a hearing and decide who shall become the conservator.  This type of hearing can be short or a full trial.  Preference rules exist in California for making such a determination as to who has priority in appointments. Contested Conservatorship proceedings can take long and may result in trials.  

WHO CANNOT BECOME A CONSERVATOR?

Generally, a creditor of the conservatee cannot become the conservator of the estate of the conservatee.   Also, if a spouse is involved in a divorce proceeding, the spouse does not get priority and the court looks to see if it is even in the best interest of the conservatee to appoint the spouse.  Also, if the Court orders a bond and the petitioner is not bondable, and the nature of the assets do not allow for a blocked account, then petitioner cannot become the conservator.  

In situations like the above, a private professional fiduciary is most often the best-suited or most suitable alternative as a conservator, in contested cases.

HOW LONG DOES THE CONSERVATORSHIP LAST?

A conservatorship is life long process, 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, or 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.     If the Conservator dies, the Conservator of the estate still remains until he/she finishes his/her accounting.

Conservatorships are time consuming and expensive. They should only be used when absolutely necessary.

Candidates for conservatorships are usually disabled or elderly.  Some conservatees may have Alzheimer’s disease, dementia, Parkinson’s, Huntington’s disease, 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.

HOW DOES THE COURT PROTECT THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP? West Hills & Canoga Park Residents

Conservatorship proceedings and actions of conservators are court supervised.   The Court usually requires the Conservator to post a conservatorship bond before becoming a conservator of an estate.


Family members are given notice of the proceeding and financial records of the conservatee are summarized in an accounting filed with the court.   If the conservatee’s residence is to be changed, parties will receive notice.

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 or a court appointed 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.  Caregivers and Conservators can be different people.  A conservator can hire caregivers and does not have to do caregiving.

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 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.


Are Power of Attorney Documents Good Alternatives to Conservatorships, and Are They Appropriate or Available?


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.  Second and third marriages are common in California.  The right to marry is one that the Conservatee retains unless the court terminates it with an order.

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.


What is a Contested Conservatorship or Conservatorship Litigation matter?

Contested Conservatorship (competing conservatorship petitions) 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 a Conservator for cause.

3. Actions requesting appointment of a successor conservator to which others object.

4. Disputes involving contested conservatorship accountings.  These include formal objections to accounting by the conservator.

5. Determination of a undue influence on an elderly or disabled person.    Elder abuse actions can be brought in conservatorship cases.

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.

 The majority of our referrals come from other attorneys, and we give referrals to other conservatorship lawyers who are no in our area.  Ask us for a referral to conservatorship attorneys in your desired area, and for referrals to private professional fiduciaries about conservatorships and elder care. Our attorneys handle West Hills and Canoga Park Conservatorships.  Call our lawyers at 818-340-4479 for more information on conservatorship, contested conservatorship, or conservatorship litigation matters in West hills Ca. 

CONSERVATORSHIP MEDIATION IN LOS ANGELES | SIRKIN LAW GROUP | 818.340.4479

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Benefits of Mediation in Conservatorship Cases:

1.   Mediation is the most effective method of resolving probate cases outside of court, without a trial.     At trial, one person wins, and one person loses.    That result can be avoided by mediating conservatorship matters.

2.   Mediations save money for parties involved in conflict, because mediation generally costs $5,000 -$6,000 per day, while litigation costs thousands of dollars per month.   Most mediations resolve in one day.    Most families are not aware of the high cost of litigation.   While most children want what is best for the parent, at times, past issues among siblings prevent in court resolutions, as it takes nearly a year to get to a trial in Los Angeles County.

3.   Mediations reduce stress.   Mediations can avoid the stress of countless court hearings, and long depositions.

4.   Mediations take the decision-making away from the Court and put it in the hands of the parties to come to an agreement.    If your elderly parent is the subject of the conservatorship, going to mediation can take away the stigma of a conservatorship for an elderly adult.

5.   Mediation agreements can be reduced into stipulated orders very quickly.    Once you resolve your case in mediation, the agreement can be filed with the court, or put on the record orally to end litigation involving the selection of the conservator or other issues pertaining to accountings or actions of the conservator.

6.    Mediations leave nothing to chance.   All matters are collaboratively agreed upon, and judges and juries do not make the decision for you unless you specifically ask for it.

7.    Mediations allow the parties to vent and be heard by a neutral.    At trial, there is generally no opportunity to say what is on your mind.   Trials are conducted by a question and answer session.   Many times, there are issues that a petitioner or objector would like the judge to know, but which never get heard.   At mediation, those issues can be discussed with the mediator.

 8.    Mediations are confidential.   What is said in a mediation is not disclosed and not discoverable, unless it would normally be discovered during regular discovery.   The successful results of the mediation is however admissible as is a mediation settlement agreement when the parties provide for its admissibility in the agreement.

9.    Mediations save estates and conservatorships for the elderly and their children.     Once the mediation is concluded, the costs of litigation are minimized and all of the conservatorship assets are then preserved for care of the elderly.

TYPES OF CASES WELL SUITED FOR RESOLUTION IN MEDIATION:  

Contested Probate and Trust matters

Contested Conservatorships 

Call us for the best way to handle your Conservatorship Mediation Case in Los Angeles.  818.340.4479.  Conservatorships Los Angeles. Lawyer, Mina Sirkin, Certified Specialist, Probate, Estate Planning and Trust Law.  Conservatorship Mediation Los Angeles.   More information re Conservatorships in Los Angeles.   Conservatorship mediation services in Los Angeles, Glendale, Pasadena & Woodland Hills Ca.

Protect Your Parents | Defending Your Inheritance | Sirkin Law Group 818.340.4479

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To financially protect your parents in Los Angeles County, our attorneys use a number of successful protective strategies in law.   There are three main avenues for asset protection for parents, and preservation of their children’s inheritance, starting with least protective to most protective:

1.LEVEL ONE PROTECTION(LEAST BURDENSOME AND LEAST EXPENSIVE): 

  • Durable Power of Attorney for Asset Management:   This is a document that is put in place when a parent is well and is capable of understanding the consequences signing a document.   By signing this document,  parents can give an adult child or children, the ability to bank, make financial decisions, pay expenses and take other actions given as powers stated in the document.    

Why is it least restrictive?   A Power of Attorney does not prevent the parent from exercising the same rights and the powers given to the child (agent).

2.  LEVEL TWO PROTECTION  (MORE PROTECTIVE / MEDIUM EXPENSE):

  • Asset Protection Trusts:   Asset protection trusts are irrevocable trusts which are set up while the parents are well.   The parent essentially becomes a beneficiary of the trust, and a child becomes the trustee of the trust.   This tool is very effective to protect the parents, and the inheritance of their children from falling into the hands of caregivers or, greedy neighbors and friends.    it is required that the parent have capacity to execute when we prepare this type of document and plan.

        This strategy requires that parents and children, or a neutral trustee to cooperate in financial care for the parents,    There are two types of irrevocable trusts which are used for this particular purpose.  One is trust which protects the parent’s assets from Medi-Cal.   The other type of trust is none which protects the parent’s assets from hands of creditors.   Each have different requirements and should be evaluated separately by a specialist attorney.   Inheritances can be saved and protected when the trust is irrevocable and there are safeguards in how the assets are used during the life of the parent.

3.   LEVEL THREE PROTECTION (MOST PROTECTIVE BUT MOST COSTLY)

​

  • Conservatorship of the Estate of the Parent:   This is a court proceeding which children can initiate for the parent in several situations:​
    •  The protective documents are not in place, or
    • There are multiple powers of attorney some of which may be disputed by family members, or
    • Someone has attempted to steal the assets of the elderly parent, or 
    • Someone has actually stolen the assets of the elderly parent; or
    • Parent will not cooperate with children to allow children to manage his/ her accounts and assets.
    • This proceeding can be used in conjunction with an Elder Abuse action on behalf of the parent against anyone against whom there are asset recovery rights.

Steps in Preparing to Protect the Estate:

  1. Contact us a t 818.340.4479 for a free consultation appointment for asset protection strategies for parents.
  2. Get permission from your parent and bring a list of your parent’s assets with you.​

WHY HIRE US?

Mina Sirkin is a nationally recognized trust and probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  Ms. Sirkin is Certified as a Specialist lawyer by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.  Mina Sirkin is rated 10/10 on Avvo.  

Sirkin Law Group’s elder law lawyers are located in Los Angeles, Woodland Hills, Glendale and Pasadena. Probate Attorney Los Angeles  Call: 818.340.4479.   Lawyers for Asset protection for elderly and aging parents.