Category: Free Consultation Today

Conservatorships

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When Glendale residents talk about Conservatorships, they rarely think about the long term nature of the proceeding.   Here are several facts to know about Conservatorships:

1.  Conservatorships are lifetime proceedings.  They last until the Conservatee dies or the Court terminates the Conservatorship.   Conservators can hire caregivers and care managers to satisfy the conservatorship duties and to reduce care giving stress.

2.  Uncontested Conservatorships which do not have any urgency involved take about 45 to 60 days to create.   If you have an emergency, we can get a Temporary Conservatorship on an Ex Parte basis with limited notice time.

3.  Conservators of the Estate have to be bonded for liquid assets of the Conservatorship.    Having an inventory of the assets of your loved one helps us make this process fast.

4.   Sales of real property require confirmations by the Court in a formal petition.   We can get properties sold fast, even with Court confirmation.

5.   Conservators of the Estate have to file accountings in the Court.   We have a template which can be followed by our clients.  Many of our clients hire an accountant to do the accounting on a regular basis.

6.   Accounts created by Conservators have to be titled in the name of the Conservator such as here:  Mary Smith, Conservator of the Estate of Norma Jones.

7.    Conservators of the Estate have to file tax returns on behalf of the Conservatee.

8.    Relatives and friends of the Conservatee can object to accountings by the Conservator.

9.    An Advanced Health Care Directive is a good substitute for Conservatorships of the Person where there are no family disputes.

Why hire us?

Mina Sirkin is a nationally recognized probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  With over 22 years of conservatorship experience, she is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.  Only 1% of California attorneys are Certified as specialists.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group’s lawyers in our Glendale office can assist you and your loved ones.   Call: 818.340.4479 when you need an attorney to petition to appoint a conservator.  Glendale Conservatorships.

Glendale Office Address: 450 N. Brand Blvd. Suite 600, Glendale, CA 91203.

PROBATE CONSERVATORSHIPS GLENDALE

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As a Glendale Certified Specialist attorney, Mina Sirkin practices probate conservatorships and is an expert in legal care who can help you with the following in Glendale:

1.   Discuss dementia / Alzheimer’s assessment by an expert physician or psychologist trained to provide a Capacity Declaration in Los Angeles.

2.   Once capacity is determined, then depending on the outcome, a specialist can advise you as whether a power of attorney is sufficient OR whether a full conservatorship proceeding is necessary.

3.   Your legal counsel should be able to immediately determine if the person who proposes to become a conservator is suitable by asking many questions.

4.   A glance at the nature and types assets of the proposed conservatee will enable your specialist counsel to advise you as to whether there is a likeliness that the Conservatee will run out of money during his or her time, by giving you an estimate of the current cost of care in home or in a facility.   This should be checked periodically, especially during litigation.

5.   A specialist counsel will be able to advise you of alternate ways of paying for dementia or Alzheimer’s care for your loved ones, including having extensive Medi-Cal training by the counsel.

6.   Asset protection is a great part of planning for persons with dementia.   Special clauses can go into estate plans which can help protect the elderly from giving away their assets.   There are many tactics which can prevent financial elder abuse in probate conservatorships.   We can help implement those tactics for your loved ones.

7.  Counsel should be able to converse about various options including whether a private professional fiduciary may be able to alleviate some of the stress of the tasks involved in caring for your loved ones.   This is especially important if you are caring for parents.   Use of a professional fiduciary and care manager can help reduce caregiving stresses when you are busy taking care of an older generation as well as a younger generation.

WHY HIRE US?

Mina Sirkin is a nationally recognized attorney in elder law and is Certified as a Specialist.  Call Probate Conservatorship practitioner, Mina Sirkin at 818.340.4479 for an appointment to determine the best course of action for your loved one.   Our law offices are located in Los Angeles, Woodland Hills, Glendale and Pasadena.  We also serve the surrounding areas including Burbank, Alhambra, San Marino, La Canada Flintridge, and Altadena.  For over 22 years, our conservatorships attorneys have served many families and clients whose parents have dementia or Alzheimers in Los Angeles regarding dementia law and elder care planning for conservatorships.  We look forward to assisting you with Conservatorships in Glendale.

Office address in Glendale:   450 N. Brand Blvd. #600, Glendale CA 91203.

GLENDALE SPECIAL NEEDS TRUST ATTORNEY

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CREATING A SPECIAL NEEDS TRUST FOR BENEFIT OF DISABLED PERSONS IN GLENDALE CA


As special needs trust attorneys and lawyers in Glendale Ca, we gear our planning based on the needs of our clients with the primary goal of making available, or maintaining public benefits for the disabled person.  When leaving an inheritance to a special needs child, much attention should be given to the selection of the trustee and the special needs language as well as the expected cost of living of the child. California Special Needs Lawyers can address each special needs issue specifically and individually.

A Special Needs Trust is intended to be a supplemental needs trust which is crafted by an attorney to 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 CAN CREATE A SPECIAL NEEDS TRUST?

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.  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 a court created instrument, with the assets of the disabled beneficiary, such as litigation proceeds.  First Party Special Needs Trusts require a court order.

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.

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.

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.

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 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 Glendale Special Needs Trust Law Offices serve the following areas:  Glendale, Burbank, Pasadena  Altadena, Alhambra, San Marino, La Canada Flintridge areas.

WHY HIRE US?

Top 1% of California attorneys are Certified as Specialists who handle Special Needs Trust.   Mina Sirkin, is a nationally recognized special needs trust attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  She is Certified as a Specialist 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 Probate Offices are located in Los Angeles, Woodland Hills, Glendale and Pasadena.  For Glendale Ca Special Needs, Call: 818.340.4479. 

Probate Attorney Los Angeles | Sirkin Law Group | 818.340.4479

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You may have considered asking an attorney what the probate process is like in Los Angeles.  Probate is a protective proceeding where an attorney guides you through the process of changing title to assets of a decedent.  

What Function Does Probate Serve in Los Angeles?

1.  It insures that the court supervises the actions of an executor or administrator.  

2.   The Court overlooks the admission of wills and allows a forum for people to question authenticity of any will or codicil.  Sometimes, a will or codicil cannot be admitted, if it was the result of undue influence, fraud or lack of capacity of the decedent.   The probate process allows for relatives to voice their concerns and objections to a will or codicil via a will contest.  Call Sirkin Law 818.340.4479 when you want to talk to an attorney to dispute a will in Los Angeles.

3.   It insures that creditors’ rights are protected, via a bond.

4.   Probate provides a method of transfer of title to property of a decedent.

5.  It includes a timeline for an accounting for the executor or administrator, and a time for distribution of the assets of the estate.

How do you start the probate process in Los Angeles?

The process in Los Angeles begins with a Petition for Probate filed with the Central Court (Downtown).  The petition requires that a notice be published in the local newspaper where the decedent resided.   This is to make sure that any relatives that find out about the probate filing, have an opportunity to object, and that creditors can come forward to collect any money due them by the decedent.

Unless there is a will that waives bond, the Court requires that an administrator/ executor post a bond.   Sometimes, administrators cannot get bonded due to bad creditor, or prior bankruptcies or other reasons.    If a bond is ordered but it it is not posted, the executor/ administrator cannot get appointed unless an alternative method is used.  Bond waivers are getting more rare in Los Angeles and require a personal appearance to request one.

The alternative to a bond is a blocked account, or appointment of another person, such as a private professional fiduciary.

What do you do if there are disputes in probate, or if you want to talk to an attorney to dispute or contest a will in Los Angeles?

While there are many times where there are disputes regarding actions of an executor or administrator, there are great opportunities for settlement of cases in probate via mediation.    The least expensive way of settling a probate dispute is by mediation.

Why hire us?

Mina Sirkin, is a nationally recognized probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  She is Certified as a Specialist 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 Probate Offices are located in Los Angeles, Woodland Hills, Glendale and Pasadena.  Cities near us:  Burbank, Calabasas, Sherman Oaks, Tarzana, Van Nuys.  Probate Attorney Los Angeles  Call: 818.340.4479.

CONSERVATORSHIPS | Glendale California

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TOP QUESTIONS ABOUT CONSERVATORSHIPS IN GLENDALE CALIFORNIA: Glendale Conservatorships California

Clients in Glendale often ask us whether they need conservatorships for an elderly, disabled, aging 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.  Determine if there is an Advance Health Care Directive or Power of Attorney in place.
2.   Call our office at 818.340.4479 and ask for a call 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
5.   Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Mina Sirkin, Glendale Conservatorship Attorney at 818.340.4479.  Our Glendale, Ca office serves the Glendale, Burbank, Pasadena, Eagle Rock, and surrounding areas in Conservatorship matters.  We assist you in helping your aging parents with Conservatorships in Glendale.  Read more about Conservatorships and our Attorneys in Glendale.

DEMENTIA ESTATE PLANNING & ELDER LAW LOS ANGELES CONSERVATORSHIPS

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A specialist attorney in dementia & elder law is an expert in legal care who can help your family with conservatorships and the following:

1.   Discuss a dementia / alzheimer’s assessment by an expert physician or psychologist trained to provide a Capacity Declaration in Los Angeles.

2.   Once capacity is determined, then depending on the outcome, a specialist can advise you as whether a power of attorney is sufficient OR whether a full conservatorship proceeding is necessary.

3.   Your legal counsel should be able to immediately determine if the person who proposes to become a conservator is suitable by asking many questions.

4.   A glance at the assets of the proposed conservatee will enable your specialist counsel to advise you as to whether there is a likeliness that the Conservatee will run out of money during his or her time, by giving you an estimate of the current cost of care in home or in a facility.

5.   A specialist conservatorship attorney and counsel will be able to advise you of alternate ways of paying for dementia or alzheimer care for your loved ones, including having extensive Medi-Cal training by the counsel.

6.   Asset protection is a great part of planning for persons with dementia.   Special clauses can go into estate plans which can help protect the elderly from giving away their assets.   There are times when an incapacitated person needs to be protected while in a lawsuit, those cases can ben handled by our guardian ad litem attorney.

7.  Counsel should be able to converse about various options including whether a private professional fiduciary may be able to alleviate some of the stress of the tasks involved in caring for your loved ones.   This is especially important if you are caring for parents and do not have enough time to spend as you must support your family.

Mina Sirkin is a nationally recognized attorney in elder law and is Certified as a Specialist.  Call Mina Sirkin at 818.340.4479 for an appointment to determine the best course of action for your loved one.   Our offices are located in Los Angeles, Woodland Hills, Glendale and Pasadena. We also serve the surrounding areas including West Los Angeles, Burbank, Santa Monica, Alhambra and Altadena.  For over 24 years, our conservatorships attorneys have served many families and clients whose parents have dementia or Alzheimer’s disease in Los Angeles regarding dementia law and elder care planning for conservatorships.   Los Angeles Elder Law Conservatorship Attorney.

PROBATE LAW CA | LOS ANGELES GLENDALE PASADENA ATTORNEYS

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California law in the probate and trust areas intersects with many other areas of law.    For example, cases involving probate may intersect with dementia law and conservatorships.    More so lately, our attorneys see more cases involving trust and elder abuse issues.   While elder abuse is normally a civil case, there are many times where elder abuse cases merge with conservatorship and probate matters, and can be heard in probate court in Los Angeles.  Our attorneys and offices in Glendale, Pasadena and Los Angeles Ca, are well-versed in all areas which involved California probate law.

Our litigation team is resourceful in locating assets which are missing from trusts, or where the elder has given away an asset  due to undue influence or fraud.   Our Ca Probate Certified Specialist Attorney, Mina Sirkin, has taught many courses in elder abuse and probate to other California attorneys regarding probate in California.

Mediation in Ca Probate Law is standard for this area of law before a case goes to trial.   Most clients are cognizant of the litigation costs and most cases get resolved in the probate and trust area in Ca.   We can advise you as to the economics of your case and the best ways to protect your inheritance and to pursue your litigation case.

​Planning for a probate case in California is mandatory before you proceed.  You must be well aware of the time it takes to litigate, as well as the budget to carry forward a case in probate law in Ca.

Our Ca Probate Law Attorneys serve the following areas:  Los Angeles, San Fernando Valley, Woodland Hills, Glendale, Pasadena, Santa Monica,  Venice, Beverly Hills, West Los Angeles, Santa Monica, West Hollywood, Sherman Oaks, Van Nuys, Encino, Tarzana, Agoura and Westlake Village.   Our Ca Probate Law offices are located in Woodland Hills, Los Angeles, Pasadena and Glendale.  Call 818.340.4479.​ 

TRUST LITIGATION LOS ANGELES | LOS ANGELES GLENDALE PASADENA

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Trust Litigation Attorneys Los Angeles


Trust Litigation in Probate Court can be very stressful and expensive.    We have created unique ways of helping our clients recover keeping their budgets in mind when representing their interests.  Our Trust Litigation attorneys have over 22+ years of experience helping families such as yours in successfully completing trust or estate litigation matters in the Los Angeles Probate Court.  

There are several types of common litigation lawsuits in the Trust arena:

1.   Forgery or fraud in Trust executions.
2.   Trust cases involving undue influence where one person obtains a trust or an amendment to a trust by unduly influencing an elder.
3.   Recovery of Assets of a trust in someone else’s possession  
4.   Fraud relating to a trust, amendment or property of the trust.
5.   Cases where a person obtain a trust or an amendment when there is lack of capacity, or diminished capacity by the signor.
6.   Cases where a trustee has failed to timely distribute the assets of the trust estate.
7.   Situations where a trustee failed to account to the beneficiaries or heirs.

8.   Issues of interpretation of terms of a trust.

9.   Issues relating to mismanagement of the trust assets by a fiduciary trustee.


Our Certified Specialist Trust Attorney regularly represents clients in trust litigation and probate litigation matters, in Departments 5, 9, 11. 29, 67, and 79 of the Los Angeles Superior Court (probate departments).   Our speciality is complex probate litigation matters.    If you have a unique situation which requires immediate attention, contact our office at 818.340.4479.    Our staff are ready to assist you in Los Angeles, Woodland Hills, Glendale and Pasadena in all litigation matters involving trusts and trustees.

DEMENTIA LAW LOS ANGELES | CONSERVATORSHIPS SPECIALIST ATTORNEY

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A specialist attorney in dementia law and legal care can help your family with conservatorships and the following:

1.   Discuss a dementia / alzheimer’s assessment by an expert physician or psychologist trained to provide a Capacity Declaration in Los Angeles.

2.   Once capacity is determined, then depending on the outcome, a specialist can advise you as whether a power of attorney is sufficient OR whether a full conservatorship proceeding is necessary.

3.   Your legal counsel should be able to immediately determine if the person who proposes to become a conservator is suitable by asking many questions.

4.   A glance at the assets of the proposed conservatee will enable your specialist counsel to advise you as to whether there is a likeliness that the Conservatee will run out of money during his or her time, by giving you an estimate of the current cost of care in home or in a facility.

5.   A specialist counsel will be able to advise you of alternate ways of paying for dementia or alzheimer care for your loved ones, including having extensive Medi-Cal training by the counsel.

6.   Asset protection is a great part of planning for persons with dementia.   Special clauses can go into estate plans which can help protect the elderly from giving away their assets.

7.  Counsel should be able to converse about various options including whether a private professional fiduciary may be able to alleviate some of the stress of the tasks involved in caring for your loved ones.   This is especially important if you are caring for parents and do not have enough time to spend as you must support your family.

Call our Certified Specialist Counsel, Mina Sirkin, 818.340.4479 for an appointment to determine the best course of action for your loved one.   Our Elder Law Woodland Hills offices are located in Los Angeles County: Woodland Hills, Glendale and Pasadena.   For over 22 years, our conservatorships attorneys have served many families and clients whose parents have dementia or Alzheimer’s disease in Los Angeles regarding dementia law and elder care planning for conservatorships.   Los Angeles Conservatorship Counsel.

​CAPACITY DECLARATION FOR CONSERVATORSHIPS IN CALIFORNIA LOS ANGELES | SIRKIN LAW GROUP

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To establish a Conservatorship in California, a Los Angeles Petitioner is required to file a form called a Capacity Declaration with the Court which is to establish capacity by a physician or psychologist’s declaration.   When the proposed conservatee needs psychotropic medication or a secured perimeter facility authorization, there is also an attachment which needs to be included.

How do you fill out a Capacity Declaration form?

DOWNLOAD BOTH FORMS BELOW IN RED AND ORANGE:

1.  Download Part 1: the Capacity Declaration here.   

2.  Download Part 2:  the Dementia Medica​tion / Placement Attachment here.

Most common errors made in Capacity Declaration forms are:

1.    Failure to complete the form:  Name, Address, Telephone, and the box regarding the 2 year experience re dementia is not marked.

2.  The dementia medication attachment is not attached.

3.   The box regarding the attachment (#8) is not marked.

4.   The date next to the signature is omitted.

5.   No original signatures.​

We have successfully used the following experts in obtaining the appropriate Capacity Declaration in Los Angeles California Conservatorships:  Dr. David Trader;  Dr. James Spar;  Dr. Susan Bernatz; and Dr. Steven Reed.   If you need a referral to these experts, please contact our office.

Our attorneys have over two decades of experience in Los Angeles Conservatorships. We can help you with the California Capacity Declaration forms. Our Los Angeles, Glendale, Pasadena and Woodland Hills offices can help families protect the elderly with beneficial conservatorships in Los Angeles.   Call: 818.340.4479.