Category: Los Angeles

SPECIAL NEEDS TRUST BY SPECIALIST LOS ANGELES ATTORNEY 818.340.4479

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CREATING A SPECIAL NEEDS TRUST IN LOS ANGELES CALIFORNIA

When you consult with a Special Needs Trust Attorney in Los Angeles, the most common inquiry of parents of a special needs child is protecting government benefits and the future of their child. As experienced special needs attorneys in Los Angeles, we gear our planning based on personal experience. When leaving an inheritance to a Los Angeles special needs child, such as one with autism or other disability, 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.

 

WHO CREATES AN SNT?


A Special Needs Trust is then 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. Public benefits and limited conservatorship services are available in our Los Angeles County office.  Does you autistic child need a conservatorship or a special need trust? Call us.  More than one-third of autistic people in California live in Los Angeles County according to AutismLa.org.

WHAT HAPPENS IF A SPECIAL NEEDS TRUST NEEDS TO BE CHANGED? 

MODIFICATION OF SPECIAL NEEDS TRUSTS IN LOS ANGELES

Depending on whether the special needs trust was a revocable trust, or an irrevocable trust, the methods of modification of the special needs trusts are different.   A Third Party revocable trust, normally created by a parent or grandparent with their money, can be changed by the person who is the settlor or trustee of the special needs trust.  Once the parent has died, there are additional methods to modify a defective special needs trust.  Ask us how we can help with changes to the special needs trust required by law or by circumstance.

A First Party Special Needs Trust is normally irrevocable.  Those types of irrevocable trusts require either a named trust protector, or a petition to the Los Angeles court to modify the first-party special needs trust.  There may be changes that need to be done, but the special needs person cannot make the change himself or herself.  It must be done for him by another person.


WHO CAN CREATE A SPECIAL NEEDS TRUST?

Generally, parents or others may fund a third-party special needs trust them 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 created with the assets of the disabled beneficiary, such as litigation proceeds, via a court order.   A disabled special needs person who is competent can create his or her own trust with his own funds.   There are sometimes alternatives to special needs trusts, such as an ABLE account.  Call us to discuss these.

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.

PURPOSE AND GOALS OF A SPECIAL NEEDS TRUST:

1.   Maintaining the Special Needs person on government benefits, while they get benefits from the special trust.

2.   Providing supplemental help to the special needs person.   For example, special needs caregivers, special education costs, special needs tutors, child care, special needs caregiving agencies, special needs planning, special needs support networks, in-home special needs care, and many other things which the government does not pay for can be provided by the special needs trust. 

3.   A special needs trust is a method of managing the resources of a disabled or special needs minor or adult.

4.   Creating peace of mind and certainty of finances for the parents of the special needs child.

TYPES OF SPECIAL NEEDS TRUSTS: 

There are generally several 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.  (Litigation Special needs Trusts are often combined with Minors Compromise cases and Disabled Person’s Compromise Petitions in California.
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 a special needs trust.

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 benefits 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. 


There are lots of great local organizations that attend to the needs of special needs children such as AbilityFirst in Woodland Hills and in Los Angeles.   We suggest you make a list of all resources available locally and ask about them.


Our law offices serve clients in Los Angeles County.​
Call Sirkin Law Group regarding all SPECIAL NEEDS TRUST matters in Los Angeles.  Special Needs Trust Attorneys Los Angeles.  Call Mina Sirkin: 818.340.4479. 

Burbank Conservatorship and Trust Attorney

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Having served as a conservatorship and trust attorney for Burbank residents for over 26 years, we bring a unique professional experience into the elder law practice.   The creation of a trust is only one aspect of estate planning in Los Angeles County.   The other parts of planning a workable estate involve incapacity planning for our clients who want to completely avoid the probate court.

If a proper plan is not implemented, or if a power of attorney is invalid, has expired, or poses a risk to the elder, the assets of the elderly or the affected disabled person fall under the jurisdiction of the probate court, when someone files papers in the conservatorship court to get conservatorship over someone who can no longer pay his or her bills, or exercise good judgment with regards to his or her money.

INABILITY TO MANAGE ASSETS IMPACTS ELDER IRA OWNERS 

The inability to manage one’s money creates all sorts of issues, both in estate planning and in incapacity.   Elder adults sometimes become resistant to accepting help.   The leads to much frustration by children who have the desire to help their parent, but whose parent is unable to effectively either manage his or her assets or is making financial mistakes about the use of his or her funds.   How to pay for caregiving is one issue that we discuss with our clients in conjunction with a conservatorship or power of attorney. 

 

CRITICAL FINANCIAL DECISIONS ABOUT INVESTMENTS & IRA ACCOUNTS v. LEGAL RIGHTS

 

Depending on the nature of the assets of the older adult, the configuration of the payment for health services may become a challenge during the cognitive decline of an adult parent.  For example, if the last remaining asset of the elderly is an IRA account, the amount over the Required Minimum Distribution which comes out of the IRA is subject to income taxation.  Most people erroneously believe that an IRA is tax-free.  It is not.  It is tax-deferred.   When a power of attorney does not exist or is invalidly executed during incapacity, access to assets such as the IRA becomes impossible without a conservatorship for Burbank residents.

We have many ways of preparing our clients to pay for health care, in-home and nursing home services, when appropriate.   Contact estate planning and trust attorney, Mina Sirkin, if you have the need for help for an elder family member, or to discuss a conservatorship near Burbank Ca.  Call us at 818.340.4479 or email Info@SirkinLaw.com.

SPECIAL NEEDS TRUST ATTORNEY WOODLAND HILLS CA

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SPECIAL NEEDS TRUST IN WOODLAND HILLS CALIFORNIA

​Creating perfect special needs trusts (also known as supplemental needs trusts) in California for parents of special needs kids does not have to be a challenge.  There are a number things to think about when forming a good special needs trust, and you should pay attention to selecting the right combination of resources for the special needs child that all must come together at the same time as follows:

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 subtract of your main living trust.

4.   Funding it with the right assets and keeping it funded.

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.  Woodland 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 the 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.

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.

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.

We can help you combine special needs trusts and ABLE accounts for optimum benefits and flexibility.

Our Woodland Hills Special Needs Trust Law Offices serve the following areas:  Woodland Hills, Ca, West Hills, Calabasas, Tarzana, Reseda, Bell Canyon, Agoura Hills, Agoura, Westlake Village, Thousand Oaks.

Only 1% of all California attorneys are Specialists.   Mina Sirkin is a Certified Specialist Attorney in Probate, Estate Planning and Trust Law.   Call Woodland Hills Special Needs Trusts Attorney: 818.340.4479. Special Needs Trust Woodland Hills.  

Woodland Hills Office Address:  21550 Oxnard St., Suite 300, Woodland Hills CA 91367. 

CALABASAS CA SPECIAL NEEDS TRUST ATTORNEY CALABASAS CALIFORNIA

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PREPARING A SPECIAL NEEDS TRUST FOR A SPECIAL NEEDS CHILD IN CALABASAS CALIFORNIA

​As a special needs parent, your greatest wish is to be well-prepared for the future of your special needs child and getting your affairs in order.


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 as follows:

1.  Selecting the right trustee for the Special Trust.

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.  Calabasas 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.

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.

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 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;

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.  In Calabasas,  our 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 Calabasas Special Needs Trusts Attorneys for a free consultation: 818.340.4479. Special Needs Trust Calabasas.   

Calabasas CA – Special Needs Trust and Why You Should Spend Some Time in Getting Organized

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Calabasas, Ca: The most common parents of special needs children have is lack of time to plan for a special needs trust. You spend most of your time planning for the life of your special needs child on a day-to-day basis, that you may feel overwhelmed by the big picture. Trusts in Woodland Hills Special Needs in Woodland Hills Special Needs Trust Attorney in Woodland Hills, Ca

​Fortunately, residents of Calabasas California can benefit from our simplified planning.  We take the time to plan by asking you questions during our special needs consultation and offer you with a simple proposal.  Usually, only two appointments are required to complete the special needs estate plan, although if you wish to meet with us further, we are available for your needs.

Here is what to do next:

1.  Call 818.340.4479 or Email Info@SirkinLaw.com.

2.  We will set up your complimentary special needs consultation appointment and email you our simple intake form.

Importance of Perfecting an Estate Plan with a Special Needs Trust in Woodland Hills, California

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How important is it to have a special needs trust?  A family with a special needs person should provide for emergencies and unexpected life events with a proper special needs trust as a tool to perfect an estate plan.   Our Woodland Hills, Ca law firm plans for the special needs of many individuals in the San Fernando Valley and has done so since 1992.

 

There are two aspects of a Special Needs Trust:

1.  The estate planning aspect.

2.   The administration aspect of a special needs trust.

 

Both are equally important in protecting the government benefits of a disabled child or disabled family member.   

 

When you come to a free consultation with our special needs trust lawyer or attorney in Woodland Hills, you get the benefit of not only years of experience in this area, you get the benefit of each of our lawyers regularly attending the national and California special needs trust conferences which bring to our clients and customers, the latest in special needs planning.

Should your group need a speaker for your special needs event, please call our office at 818.340.4479.  Mina Sirkin regularly speaks to groups about special needs planning techniques and can assist you with a special needs trust.

WOODLAND HILLS CALIFORNIA SPECIAL NEEDS TRUST ATTORNEY

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CREATING THE BEST FITTING SPECIAL NEEDS TRUST FOR DISABLED PERSONS IN WOODLAND HILLS CA


As special needs trust lawyers and attorneys in Woodland Hills 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 attorneys focus on helping and counseling clients whose families are affected by autism and other disabilities.  Look to us as your local counsel for special needs conservatorships, also called Limited Conservatorship for developmentally disabled persons.  Our Woodland Hills Special Needs Trust Law Offices serve the following areas:  Woodland Hills, West Hills, Calabasas, Agoura Hills, Tarzana, Winnetka, Hidden Hills, and Canoga Park

WHY HIRE US?

Autism Special Needs Counsel in Los Angeles County: 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 Special Needs Trust Offices are located in  Woodland Hills California.  For Woodland Hills Ca Special Needs, Call: 818.340.4479. 

What is a Special Trust? Special Needs Trusts Los Angeles

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A Special Trust in Los Angeles addresses and provides for the special needs of its beneficiary without jeopardizing the beneficiary’s government aid.   For those who are concerned about an inheritance arriving without provisions for special needs, there are solutions.   If a parent or grandparent forgot to create a special needs trust for a Los Angeles beneficiary, our specialist attorney can in most cases assist in setting up a special trust which receives the inheritance which qualifies as a special needs trust.   First-party and third party trusts have designated uses for inheritances in the right circumstances.  When a parent’s money is used during his/her life to create a trust, that type of special needs trust is usually called a third-party special needs trust.  On the other hand, if the beneficiary’s money is used, or if the parent has died but left an unplanned inheritance to an SSI beneficiary, then that calls for a first-party special needs trust.  First Party trusts are also used when the SSI beneficiary gets litigation proceeds.  Read about how a special trust can help. To get the best advice about the type of special trust suitable and appropriate in Los Angeles for your particular Special Needs Trust, call Mina Sirkin at 818-340-4479.  Email:  Info@SirkinLaw.com.

CONSERVATORSHIP LAWYER | CONSERVATORSHIP LAW CA SIRKIN LAW

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What is a Conservatorship Lawyer?  In Los Angeles, under conservatorship law, a conservatorship lawyer handles creation and management of a binding relationship where an adult (usually a parent or a child ) is given the legal authority and responsibility to care for another adult, as authorized by a court.  

The lawyers at Sirkin Law Group, have helped establish Conservatorships for over 27 years and can assist you with the establishment or creation of a conservatorship process in Los Angeles County.

WHO USUALLY FILES CONSERVATORSHIPS UNDER CALIFORNIA LAW?

1.  Children with aging or disabled parents file them to care for their parents.

2.  Parents of special needs children file them when the child turns 18 or is over 18 years of age to be able to make decisions for their special needs child.

ARE THERE OTHERS WHO CAN FILE A CONSERVATORSHIP?

Yes.

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. 

GENERAL CATEGORIES OF CONSERVATORSHIPS IN CALIFORNIA


1.  Probate Conservatorship.

2.  Developmentally Disabled Conservatorship (called a Limited Conservatorship)

3.  LPS Conservatorship (Mental Health).  LPS conservatorships can only be initiated by the Pubic Guardian or the Hospital.

LEARN ABOUT LEGAL ALTERNATIVES TO CONSERVATORSHIPS IN CALIFORNIA: 


1.   Getting a Professional Fiduciary.
2.   Getting informal help from family.
3.   Making a trusted person an agent in a power of attorney.
4.   Naming an “attorney in fact” or agent in a power of attorney on a specific account.
5.   Specifically making a spouse, or another person a representative payee of your social security.
6.   Having an advance health care directive.
7.   When signing a power of attorney, limiting it so that the agent cannot gift to himself/herself.
8.   Estate planning and creating a revocable living trust.
9.   Creating an irrevocable trust for asset protection purposes, to prevent yourself from giving away your assets, if you become influenced by another person, later in your life.
10.  Create an estate management contract.



DO YOU HAVE THE RIGHT TO FILE FOR A CONSERVATORSHIP?

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

WHAT IF THE CONSERVATEE HATES THE PROPOSED CONSERVATOR?  You have to ask yourself if this feeling is the result of dementia or Alzheimer’s disease, or if it has another reason.    It is generally not a good idea to be in an adversarial relationship with the proposed conservatee.   The case will go much smoother if the relationship is good.

HOW MUCH DOES IT COST TO SET UP A CONSERVATORSHIP IN LOS ANGELES CALIFORNIA?   A non-litigated conservatorship without any complications can be a few thousand dollars.   A simple litigated conservatorship can run tens of thousands of dollars before trial, and contested conservatorship with multiple experts and parties resulting in a conservatorship trial can cost well over $100,000.   Larger estates can cost more than smaller estates.    Much depends on whether the Conservatee objects and requests a trial. 

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WHAT HAPPENS IF MULTIPLE PEOPLE FILE FOR A CONSERVATORSHIP?

This is when things become very expensive on the road to a conservatorship.  If there are several persons who have filed, the case then is litigated and may include competing petitions for conservatorship requesting that each petitioner becomes the conservator.  The court 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 much time and may result in trials.

WHO CANNOT BECOME A CONSERVATOR?

Generally, under Conservatorship Law, 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 the petitioner cannot become the conservator.  

In situations like the above, a private professional fiduciary is most often suitable as a conservator.

HOW LONG DOES THE CONSERVATORSHIP LAST?

A conservatorship is a 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, 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.   Read more about Conservatorship Accountings here.

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.  Before 1980, many conservatees simply had the diagnosis of mental retardation.   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?

Conservatorship proceedings and actions of conservators are court supervised.   The Court requires that each Conservator of the estate post a Conservatorship bond for certain assets.

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 (called psychotropic medications) medications, the Court reviews a doctor’s declaration regarding the need for the medication and makes the appropriate medication orders.    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.  Conservators must obtain an order to confirm the sale of real property from the court.

A PVP attorney (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 Conservatorship 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 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 petitions) and conservatorship litigation can involve any of the following situations:


1. Objections to the initial appointment of a particular person as a conservator.   Filing any objection to a conservatorship.
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.

Many times, the appointment of a professional fiduciary or professional conservator as the legal representative a disabled person in Los Angeles can curtail the expense of a litigated conservatorship.   If you need a referral to a professional fiduciary or would like an introduction to professional conservators, please call us. Probate Conservatorships can be complex.  Call us for individual conservatorship advice. Call our Conservatorship lawyer at 818-340-4479 for more information on Los Angeles conservatorship and contested conservatorship and conservatorship litigation matters.  Call Sirkin Law when you need a Los Angeles Conservatorship Lawyer.

​PROBATE ATTORNEY CONSULTATION CALLS LOS ANGELES – CALL 818.340.4479

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Free Probate Consultation

Call us when you need a free probate consultation at 818.340.4479.

When you need a free probate consultation regarding Wills, Probate and Estate matters in Los Angeles to evaluate your case, you should find and consult an attorney who has more than twenty years of experience in Probate in Los Angeles.  We promptly return all calls.  Elder Law Call Los Angeles.

You should consult with our probate attorneys in the following probate estate circumstances:

1.  You believe there was fraud or forgery involved regarding a Will in Probate.

2.   You believe someone influenced the decedent to write a will or trust which he or she otherwise would not have signed.

3.   There was any type of fraud involved in an estate or by the executor.

4.    An executor has not filed an accounting within a year from the start of probate.

5.    Executor or Administrator has not filed an inventory.

6.    The elderly decedent was abused during his or her lifetime.

7.    There are assets which should belong to the estate but which someone else claims or owns.

8.    Decedent was in the middle of a sale, or transaction, and he or she died.

9.    There is sibling rivalry in the family regarding who should own the assets of a parent, or deceased person and a family member needs a free probate consultation in Los Angeles, CA.

10.  There needs to be a conservator appointed for a family member or loved one.

11.  A fiduciary, executor, administrator, trustee or agent under a power of attorney has not met his or her duties or responsibilities.

12.   Assets need to be returned to a person, estate or trust.

13.   A probate executor, trustee, conservator or power of attorney agent has not accounted or is late in accounting.

Contact or Call Mina Sirkin, Probate Law Certified Specialist #1 Probate Lawyer for a Free Probate Consultation in Los Angeles. Call 818.340.4479  or Email: Info@SirkinLaw.com.