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

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

SIGNS OF COGNITIVE DECLINE IN ELDERLY: CONSERVATORSHIP IN LOS ANGELES

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

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

11. Does he/she exercise poor judgment?

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

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 Does he/she drive despite his/her driver’s license having been revoked?

14. Is the house full of trash?

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

WHAT TO DO NEXT:

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

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

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

Probate Mediation & Litigation Attorney Los Angeles

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

Litigation and Mediation in the Los Angeles Probate Court requires an attorney how has had decades of experience. Our attorneys have over 26 years of probate expertise in the Los Angeles County Superior Court Probate Departments. We have created unique ways of helping our clients recover keeping their budgets in mind when representing their interests. Our business goal is to help families such as yours in successfully completing trust or probate mediation and litigation matters in the Los Angeles Probate Court.

TRUST LITIGATION LAWYER LOS ANGELES

There are several types of common trust and probate litigation lawsuits in Probate which can be resolved in mediation or in litigation by an experienced trust litigation lawyer:

1. Will or trust forgery or fraud.

2. Cases involving undue influence where one person obtains a will or a trust by unduly influencing an elder.

3. Recovery of Assets of a decedent for the benefit of a trust.

4. Fraud relating to a will or trust. Cases involving undue influence and trusts are rampant in Los Angeles.

5. Cases where a person obtains a will or trust when there is lack of capacity, or diminished capacity by the signor.

6. Cases where an executor or trustee has failed to timely distribute the assets of the decedent.

7. Situations where an executor or trustee failed to account to the beneficiaries or heirs.

8. See an additional list of situations where the court intervenes and types of trust litigation issues in Los Angeles.

90% of probate disputes in Los Angeles get resolved in mediation. With experts at our office, we see to it that your case is resolved timely, and within your budget. There are several successful mediation programs in Los Angeles. Retired judges generally know this area of law very well and can assist in getting a resolution out of court faster than any trial date set in court.

Our Probate Certified Specialist Attorney regularly represents clients in trust litigation and probate litigation matters, in Departments 2D, 3, 4 5, 9, 11. 29, 57, 67, 79 , and 99 of the Los Angeles Superior Court (probate departments). Our speciality is complex probate litigation matters. Call our trust litigation lawyer in Los Angeles, Mina Sirkin. If you have a unique situation which requires immediate attention, contact our trust litigation law office at 818.340.4479. Our staff members are ready to assist you with appointments.

Probate Litigation Attorney Los Angeles

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

Litigation in Los Angeles Probate Court requires an attorney how has had decades of experience handling every nuance of probate. Our attorneys have over 24 years of probate expertise in the Los Angeles County Superior Court Probate Departments. We have created unique ways of helping our clients recover keeping their budgets in mind when representing their interests. Our business goal is to help families such as yours in successfully completing trust or probate litigation matters in the Los Angeles Probate Court.

There are several types of common litigation lawsuits in Probate:

1. Will forgery or fraud.

2. Cases involving undue influence where one person obtains a will or a trust by unduly influencing an elder.

3. Recovery of Assets of a decedent.

4. Fraud relating to a will or trust.

5. Cases where a person obtains a will or trust when there is lack of capacity, or diminished capacity by the signor.

6. Cases where an executor or trustee has failed to timely distribute the assets of the decedent.

7. Situations where an executor or trustee failed to account to the beneficiaries or heirs.

Our Probate Certified Specialist Attorney regularly represents clients in trust litigation and probate litigation matters, in Departments 5, 9, 11, 29, 67, 79 and 99 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.

Probate Litigation Attorney Los Angeles, Trust Litigation Attorney Los Angeles, Los Angeles, Woodland Hills, Calabasas, Glendale, Pasaden

CONSERVATORSHIPS ATTORNEY & ELDER LAW COUNSEL IN SHERMAN OAKS CA GUIDE YOUR FAMILY IN MATTERS RELATIING TO YOUR LOVED ONES.

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

A Conservatorship in California is a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult. Our Sherman Oaks Conservatorship attorney can assist you with the conservatorship process.

Types of Conservatorship:

In general, Conservatorships in Los Angeles County can be three basic types:

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

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

Who can file for a Conservatorship?

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

If there are several persons who have filed competing petitions for conservatorship requesting that each becomes the conservator, the court will decide who shall become the conservator. Preference rules exist for making such a determination. Contested Conservatorship proceedings can take long and may result in a trial.

A conservatorship must continue until the court orders the conservator relieved from his or her duties. This can happen if the conservatee dies; if the estate is used up; if the conservatee regains his or her capacity; or if the conservator becomes unable or unwilling to act. In the last situation, the court will assign a successor conservator.

Conservatorship are life-time processes and should only be used when absolutely necessary
Candidates for conservatorships are usually disabled. Some conservatees may have Alzheimer’s disease, dementia, parkinsons, autism, or other diseases. Once a Conservators is appointed, the Conservator can ask the Court for permission to do Medi-Cal planning for the Conservatee including substituted judgment petitions to protect the assets from Medi-Cal, and to purchase or sell property of the Conservatee.

PROTECTING THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP

Conservatorship proceedings and actions of conservators are court supervised.

Conservators of estate are bonded.

Family members are given notice of the proceeding and financial records of the conservatee are summarized in an accounting filed with the court.

When a Conservatee needs psychiatric medications, the Court reviews a doctor’s declaration regarding the need for the medication. The ability of the Conservator to administer dementia medication depends on the court’s approval of administering such medication.

When a Conservator wants to sell real property or purchase real property, the court must give permission for such a transaction, especially when it involves moving the Conservatee from his or her home.

A PVP attorney is sometimes appointed for the Conservatee. The role of this type of attorney is to advocate the wishes of the proposed conservatee when there is litigation, or when rights of the Conservatee are affected. We have served Sherman Oaks California Residents since 1992.

California Conservatorship Process:

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.

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.

When are Power of Attorney Documents Not Enough?

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

While a valid power of attorney document can authorize the power of attorney holder to accomplish certain tasks of a conservator, a power of attorney cannot prevent the ill person from contracting, conveying property or marrying. For example, a patient with Alzheimer’s disease may become subject to fraud or undue influence by unscrupulous persons.

While he or she could have given a valid power of attorney while he or she was well, he or she may be befriended, may marry, and convey his or her property to a new spouse. In that situation, the probate code provides that a conservatorship may be established, and the conservator may ask the court to set aside any contract entered into by the ill conservatee.

The advantage of the conservatorship is that it can safeguard against fraud or undue influence by a third party against the ill person. Conservatorships can get costly when there is litigation involved. Persons filing for conservatorship should consider the costs before filing. Sherman Oaks Ca residents have hired us for over 22 years to assist them with Conservatorships.

What is a Contested Conservatorship or Conservatorship Litigation matter?

Contested Conservatorship and conservatorship litigation can involve any of the following situations:

1. Objections to the initial appointment of a particular person as a conservator.

2. Removal of an existing Conservator for cause.

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

4. Disputes involving contested conservatorship accountings.

5. Determination of a undue influence on an elderly or disabled person.

6. Objections to Proposed Actions by Conservator including substituted judgment actions and trusts.

7. Family mediations in determining the best conservator.

8. Requests to terminate a conservatorship or modify powers in a conservatorship.

9. Determination of rights to assets and disputes relating to ownership and title.

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

11. Conservatorship trials.

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

LOS ANGELES CONSERVATORSHIP CALIFORNIA CONTESTED CONSERVATORSHIP MATTERS 818.340.4479

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

CONSERVATORSHIP & ELDER CARE ATTORNEYS LOS ANGELES CA & SAN FERNANDO VALLEY

Conservatorship Attorneys, Lawyers & Advisors to Conservators Caring for Adult Members of the Family

What is a Conservatorship? A Conservatorship in California is a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult. Our Los Angeles Conservatorship counsel and lawyers can assist you with the conservatorship process in Los Angeles County.

Types of Conservatorship:

General Conservatorships in Los Angeles County can be three basic types:

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

There are several other types of Conservatorship matters also available such as LPS Conservatorships (mental health) and Developmentally Disabled (Limited) Conservatorships. Parents of Special Needs Adults should also look into a Supplemental Needs Trust to protect their child or loved one’s benefits.

Who can file for a Conservatorship?

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

If there are several persons who have filed competing petitions for conservatorship requesting that each becomes the conservator, the court will decide who shall become the conservator. Preference rules exist for making such a determination. Contested Conservatorship proceedings can take long and may sometimes result in a trial.

A conservatorship must continue until the court terminates and orders the conservator relieved from his or her duties. This can happen if the conservatee dies, or is restored to capacity, or if the estate is all used up. if the conservatee regains his or her capacity; or if the conservator becomes unable or unwilling to act. In the last situation, the court will assign a successor conservator.

Conservatorships are time-consuming and expensive. They should only be used when absolutely necessary
Candidates for conservatorships are usually disabled. Some conservatees may have Alzheimer’s disease, dementia, parkinsons, autism, or other diseases. Once a Conservators is appointed, the Conservator can ask the Court for permission to do Medi-Cal planning for the Conservatee including substituted judgment petitions to protect the assets from Medi-Cal, and to purchase or sell property of the Conservatee.

PROTECTING THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP IN LOS ANGELES

Conservatorship proceedings and actions of conservators are court supervised. Bonds protect the estate in Conservatorships of the Estate.

Family members are given notice of the proceeding and financial records of the conservatee are summarized in an accounting filed with the court.

When a Conservatee needs psychiatric medications, the Court reviews a doctor’s declaration regarding the need for the medication. The ability of the Conservator to administer dementia medication depends on the court’s approval of administering such medication.

When a Conservator wants to sell real property or purchase real property, the court must give permission for such a transaction, especially when it involves moving the Conservatee from his or her home.

A PVP attorney is sometimes appointed for the Conservatee. The role of this type of attorney is to advocate the wishes of the proposed conservatee when there is litigation, or when rights of the Conservatee are affected. We have served Los Angeles California Residents since 1992.

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.

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.

Why are Power of Attorney Documents Not Enough in Certain Situations?

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

While a valid power of attorney document can authorize the power of attorney holder to accomplish certain tasks of a conservator, a power of attorney cannot prevent the ill person from contracting, conveying property or marrying. For example, a patient with Alzheimer’s disease may become subject to fraud or undue influence by unscrupulous persons.

While he or she could have given a valid power of attorney while he or she was well, he or she may be befriended, may marry, and convey his or her property to a new spouse. In that situation, the probate code provides that a conservatorship may be established, and the conservator may ask the court to set aside any contract entered into by the ill conservatee.

The advantage of the conservatorship is that it can safeguard against fraud or undue influence by a third party against the ill person. Conservatorships can get costly when there is litigation involved. Persons filing for conservatorship should consider the costs before filing. Los Angeles Ca residents have hired us for over 22 years to assist them with Conservatorships.

What is a Contested Conservatorship or Conservatorship Litigation matter?

Contested Conservatorship and conservatorship litigation can involve any of the following situations:

1. Objections to the initial appointment of a particular person as a conservator.

2. Removal of an existing Conservator for cause.

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

4. Disputes involving contested conservatorship accountings.

5. Determination of a undue influence on an elderly or disabled person.

6. Objections to Proposed Actions by Conservator including substituted judgment actions and trusts.

7. Family mediations in determining the best conservator.

8. Requests to terminate a conservatorship or modify powers in a conservatorship.

9. Determination of rights to assets and disputes relating to ownership and title.

10. Conservatorship trials.

Our Los Angeles California attorneys are ready to serve Los Angeles County residents with Conservatorships. Call us at 818-340-4479 for more information on conservatorship and contested conservatorship and conservatorship litigation matters. Attorneys for Conservatorships in Los Angeles; Conservatorship Attorney Los Angeles. Free Conservatorship Consultation.

SHERMAN OAKS CONSERVATORSHIP | SIRKIN LAW | 818.340.4479

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

CONSERVATORSHIP & ELDER CARE ATTORNEYS SHERMAN OAKS & VAN NUYS CA

Conservatorship and Conservatorship Advice by Attorneys Lawyers

What is a Conservatorship? A Probate Conservatorship in California is a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult. Our Los Angeles & Sherman Oaks Conservatorship lawyers can assist you with the conservatorship process in Los Angeles County.

Types of Conservatorship:

General Conservatorships in Los Angeles County can be three basic types:

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

There are several other types of Conservatorship matters also available such as LPS Conservatorships (mental health) and Developmentally Disabled Conservatorship, which is also called a Limited Conservatorship. A Limited Conservatorship is generally used for special needs persons.

Who can file for a Conservatorship?

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

If there are several persons who have filed competing petitions for conservatorship requesting that each becomes the conservator, the court will decide who shall become the conservator. Preference rules exist for making such a determination. Contested Conservatorship proceedings can take long and may result in a trial.

A conservatorship must continue until the court orders the conservator relieved from his or her duties. This can happen if the conservatee dies; if the estate is used up; if the conservatee regains his or her capacity; or if the conservator becomes unable or unwilling to act. In the last situation, the court will assign a successor conservator.

Conservatorships are time-consuming and expensive. They should only be used when absolutely necessary
Candidates for conservatorships are usually disabled. Some conservatees may have Alzheimer’s disease, dementia, parkinsons, autism, or other diseases. Once a Conservators is appointed, the Conservator can ask the Court for permission to do Medi-Cal planning for the Conservatee including substituted judgment petitions to protect the assets from Medi-Cal, and to purchase or sell property of the Conservatee.

PROTECTING THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP

Conservatorship proceedings and actions of conservators are court supervised.

Family members are given notice of the proceeding and financial records of the conservatee are summarized in an accounting filed with the court.

When a Conservatee needs psychiatric medications, the Court reviews a doctor’s declaration regarding the need for the medication. The ability of the Conservator to administer dementia medication depends on the court’s approval of administering such medication.

When a Conservator wants to sell real property or purchase real property, the court must give permission for such a transaction, especially when it involves moving the Conservatee from his or her home.

A PVP attorney is sometimes appointed for the Conservatee. The role of this type of attorney is to advocate the wishes of the proposed conservatee when there is litigation, or when rights of the Conservatee are affected. We have served Sherman Oaks California Residents since 1992.

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.

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.

Why are Power of Attorney Documents Not Enough in Certain Situations?

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

While a valid power of attorney document can authorize the power of attorney holder to accomplish certain tasks of a conservator, a power of attorney cannot prevent the ill person from contracting, conveying property or marrying. For example, a patient with Alzheimer’s disease may become subject to fraud or undue influence by unscrupulous persons.

SAN FERNANDO VALLEY CONSERVATORSHIPS ATTORNEYS LAWYERS | SIRKIN LAW | 818.340.4479

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

CONSERVATORSHIP & ELDER LAW ATTORNEY IN SAN FERNANDO VALLEY SINCE 1992

What is a Conservatorship? Conservatorships in California are the way a responsible adult is given the legal authority, duties and responsibility to care for another adult via a court order and conservatorship letters. Our Los Angeles Conservatorships attorney & San Fernando Valley incapacity planning counsel can assist you with power of attorney or the conservatorship process in Los Angeles County, protecting your family member’s health and protecting their assets from undue influence and fraud.

What signs are there that a person may need a conservatorship?

Read our article on top ten signs to look for to determine when a conservatorship is needed.

Types of Conservatorship:

General Conservatorships in Los Angeles County can be three basic types:

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

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

Who can file for a Conservatorship?

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

If there are several persons who have filed competing petitions for conservatorship requesting that each becomes the conservator, the court will decide who shall become the conservator. Preference rules exist for making such a determination. Contested Conservatorship proceedings can take long and may result in a trial.

Conservatorships can terminate. Generally, a conservatorship must continue until the court orders the conservator relieved from his or her duties. Conservators can resign by applying to the court. Terminations can also happen if the conservatee dies; if the estate is used up. Additionally, if the conservatee regains his or her capacity, he or she may request to end the conservatorship. If the conservator becomes unable or unwilling to act, he or she may be replaced. In the last situation, there will be a petition and the court will assign a successor conservator, or an interim temporary conservator until someone is appointed permanently. The most common scenario is when a conservator himself or herself has become incapacitated, and the court sets an OSC hearing to determine if another person should act as the conservator. This is initiated through a court investigator’s report.

You should consider the cost of a conservatorship before you file for a conservatorship. Conservatorships are time-consuming and expensive. They should only be used when absolutely necessary. Ask our attorney about conservatorship’s alternatives.

Candidates for conservatorships are usually disabled. Some conservatees may have Alzheimer’s disease, dementia, parkinsons, autism, or other diseases. Once a Conservators is appointed, the Conservator can ask the Court for permission to do Medi-Cal planning for the Conservatee including substituted judgment petitions to protect the assets from Medi-Cal, and to purchase or sell property of the Conservatee.

PROTECTING YOUR ELDERLY AND DISABLED LOVED ONES WITH A CONSERVATORSHIP

Conservatorship proceedings and actions of conservators are court supervised and Conservators of Estate are bonded.

Family members are given notice of the proceeding and financial records of the conservatee are summarized in an accounting filed with the court.

When a Conservatee needs psychiatric medications, the Court reviews a doctor’s declaration regarding the need for the medication. The ability of the Conservator to administer dementia medication depends on the court’s approval of administering such medication.

When a Conservator wants to sell real property or purchase real property, the court must give permission for such a transaction, especially when it involves moving the Conservatee from his or her home.

A PVP attorney is sometimes appointed for the Conservatee. The role of this type of attorney is to advocate the wishes of the proposed conservatee when there is litigation, or when rights of the Conservatee are affected. We have served San Fernando Valley, Conejo Valley and Santa Clarita Valley California Residents since 1992.

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.

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.

How is a Power of Attorney different than a conservatorship?

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

While a valid power of attorney document can authorize the power of attorney holder to accomplish certain tasks of a conservator, a power of attorney cannot prevent the ill person from contracting, conveying property or marrying. For example, a patient with Alzheimer’s disease may become subject to fraud or undue influence by unscrupulous persons.

While he or she could have given a valid power of attorney while he or she was well, he or she may be befriended, may marry, and convey his or her property to a new spouse. In that situation, the probate code provides that a conservatorship may be established, and the conservator may ask the court to set aside any contract entered into by the ill or disabled conservatee.

The advantage of the conservatorship is that it can safeguard against fraud or undue influence by a third party against the ill person. Conservatorships can get costly when there is litigation involved. Persons filing for conservatorship should consider the costs before filing. San Fernando Valley Ca residents have hired us for over 22 years to assist them and their families with Conservatorships.

What is a Contested Conservatorship or Conservatorship Litigation matter?

Contested Conservatorship and conservatorship litigation can involve any of the following situations:
1. Objections to the initial appointment of a particular person as a conservator.
2. Removal of an existing Conservator for cause.
3. Actions requesting appointment of a successor conservator to which others object.
4. Disputes involving contested conservatorship accountings.
5. Determination of a undue influence on an elderly or disabled person.
6. Objections to Proposed Actions by Conservator including substituted judgment actions and trusts.
7. Family mediations in determining the best conservator.
8. Requests to terminate a conservatorship

9. Ask for modification of the conservator’s powers.
9. Determination of rights to assets and disputes relating to ownership and title.
10. Conservatorship trials.
Talk to our conservatorship attorney. Our San Fernando Valley Conservatorship attorneys are ready to serve all San Fernando Valley residents with Conservatorships. Call us at 818-340-4479 for more information on conservatorship and contested conservatorship and conservatorship litigation matters. San Fernando Valley Conservatorship Attorney.

SHERMAN OAKS CONSERVATORSHIPS | ATTORNEYS LAWYERS | SIRKIN ELDER LAW | 818.340.4479

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

CONSERVATORSHIP & ELDER LAW ATTORNEYS SHERMAN OAKS & VAN NUYS CA

Conservatorship and Conservatorship Litigation Attorneys Lawyers

What is a Conservatorship? A Conservatorship in California is a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult. Our Los Angeles & Sherman Oaks Conservatorship lawyers can assist you with the conservatorship process in Los Angeles County.

Types of Conservatorship:

General Conservatorships in Los Angeles County can be three basic types:

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

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

Who can file for a Conservatorship?

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

If there are several persons who have filed competing petitions for conservatorship requesting that each becomes the conservator, the court will decide who shall become the conservator. Preference rules exist for making such a determination. Contested Conservatorship proceedings can take long and may result in a trial.

A conservatorship must continue until the court orders the conservator relieved from his or her duties. This can happen if the conservatee dies; if the estate is used up; if the conservatee regains his or her capacity; or if the conservator becomes unable or unwilling to act. In the last situation, the court will assign a successor conservator.

Conservatorships are time-consuming and expensive. They should only be used when absolutely necessary
Candidates for conservatorships are usually disabled. Some conservatees may have Alzheimer’s disease, dementia, parkinsons, autism, or other diseases. Once a Conservators is appointed, the Conservator can ask the Court for permission to do Medi-Cal planning for the Conservatee including substituted judgment petitions to protect the assets from Medi-Cal, and to purchase or sell property of the Conservatee.

PROTECTING THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP

Conservatorship proceedings and actions of conservators are court supervised.

Family members are given notice of the proceeding and financial records of the conservatee are summarized in an accounting filed with the court.

When a Conservatee needs psychiatric medications, the Court reviews a doctor’s declaration regarding the need for the medication. The ability of the Conservator to administer dementia medication depends on the court’s approval of administering such medication.

When a Conservator wants to sell real property or purchase real property, the court must give permission for such a transaction, especially when it involves moving the Conservatee from his or her home.

A PVP attorney is sometimes appointed for the Conservatee. The role of this type of attorney is to advocate the wishes of the proposed conservatee when there is litigation, or when rights of the Conservatee are affected. We have served Sherman Oaks California Residents since 1992.

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.

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.

Why are Power of Attorney Documents Not Enough in Certain Situations?

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

While a valid power of attorney document can authorize the power of attorney holder to accomplish certain tasks of a conservator, a power of attorney cannot prevent the ill person from contracting, conveying property or marrying. For example, a patient with Alzheimer’s disease may become subject to fraud or undue influence by unscrupulous persons.

PASADENA SPECIAL NEEDS TRUSTS ATTORNEYS & LAWYERS

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

OUR ATTORNEY HELPS CREATE SPECIAL NEEDS TRUSTS AND PLANS FOR DISABLED INDIVIDUALS IN PASADENA CA. CALL OUR ATTORNEYS AND LAWYERS TODAY.

We can help you navigate different types of special needs trusts as your lawyers and attorneys handling needs of the disabled and elderly clients in Pasadena, 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, we focus on the selection of the trustee and the special needs language, as well as the expected cost of living of the child. Special Needs Trusts are intended to anticipate the future needs and supplemental needs (why called supplemental needs trusts) of the beneficiary, while keeping the governmental assistance. California Special Needs Lawyers can address each special needs issue specifically and individually. The type of special trust that you create depends on the purpose of the trust, and the source of the money or assets which will go to fund the trust.

TYPES OF SPECIAL NEEDS TRUSTS:

First Party Special Needs Trust

Third Party Special Needs Trust

LSNT, Litigation Special Needs Trust

Pooled Special Needs Trusts

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, conservators, 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 BASIC 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. These types of trusts are commonly created in the context of a Conservatorship or a 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. Some examples of pooled special needs trusts are The Plan of California, and the Jewish Special Needs Trust in Los Angeles. There are several other pooled trusts in Calfiornia.

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 Third Party Special Needs Trusts for Pasadena Residents:

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 Pasadena California Special Needs Trusts Law Offices, attorneys and lawyers serve the following areas: Pasadena San Marino, Altadena, Alhambra, La Canada Flintridge, and Eagle Rock areas. Ask us regarding our promotional offers for Lanterman parents, Cal. Tech. and Parsons employees.

WHY HIRE US?

Pasadena, Ca Special Needs Trusts: 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 Pasadena Ca. For Pasadena California Special Needs, Call: 818.340.4479.

Pasadena Office Address: 225 South Lake Ave., Suite 300, Pasadena, CA 91101
Tel: 800-300-9977

ATTORNEYS FOR TRUSTEES OF LIVING TRUSTS LOS ANGELES | LOS ANGELES LIVING TRUST LAW ATTORNEYS | 818.340.4479 |DUTIES OF A TRUSTEE

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

ADVICE FROM OUR ATTORNEY ABOUT A LIVING TRUST IN LOS ANGELES COUNTY

As the attorney for a trustee of a living trust in Los Angeles County, I often interpret facts involving the duties of a trustee or executor in Los Angeles, Ca. Trustees can make mistakes which are avoidable with proper legal advice. There are many nuances of trust creation, funding and trust administration law, which require close attention to the trust document, which can make the process of distributing trust assets an easy and smooth transaction.

If you are a trustee of a trust, you should know that the initial item of priority is to send the Notification by Trustee to all heirs at law and all persons named in the trust. Many Los Angeles County living trust cases unravel because of the trustee’s lack of knowledge about this primary duty.

WHAT ARE THE OTHER OBLIGATIONS, DUTIES AND RESPONSIBILITIES OF TRUSTEES IN CALIFORNIA?

16000. On acceptance of the trust, the trustee has a duty to administer the trust according to the trust instrument and, except to the extent the trust instrument provides otherwise, according to this division. This includes the duty to keep assets segregated and the duty to account and is the number one area where a trustee can make mistakes.

16001. (a) Except as provided in subdivision (b), the trustee of a revocable trust shall follow any written direction acceptable to the trustee given from time to time (1) by the person then having the power to revoke the trust or the part thereof with respect to which the direction is given or (2) by the person to whom the settlor delegates the right to direct the trustee. (b) If a written direction given under subdivision (a) would have the effect of modifying the trust, the trustee has no duty to follow the direction unless it complies with the requirements for modifying the trust.

16002. (a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries. (b) It is not a violation of the duty provided in subdivision (a) for a trustee who administers two trusts to sell, exchange, or participate in the sale or exchange of trust property between the trusts, if both of the following requirements are met: (1) The sale or exchange is fair and reasonable with respect to the beneficiaries of both trusts. (2) The trustee gives to the beneficiaries of both trusts notice of all material facts related to the sale or exchange that the trustee knows or should know.

16003. If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them and shall act impartially in investing and managing the trust property, taking into account any differing interests of the beneficiaries. When a trustees is also a beneficiary, that duty of impartiality needs to be exercised in favor of other beneficiaries, or instructions need to be obtained from the court. We can help you get instructions from the Los Angeles Probate Court.

16004. (a) The trustee has a duty not to use or deal with trust property for the trustee’s own profit or for any other purpose unconnected with the trust, nor to take part in any transaction in which the trustee has an interest adverse to the beneficiary. (b) The trustee may not enforce any claim against the trust property that the trustee purchased after or in contemplation of appointment as trustee, but the court may allow the trustee to be reimbursed from trust property the amount that the trustee paid in good faith for the claim. (c) A transaction between the trustee and a beneficiary which occurs during the existence of the trust or while the trustee’s influence with the beneficiary remains and by which the trustee obtains an advantage from the beneficiary is presumed to be a violation of the trustee’s fiduciary duties. This presumption is a presumption affecting the burden of proof. This subdivision does not apply to the provisions of an agreement between a trustee and a beneficiary relating to the hiring or compensation of the trustee.

16004.5. (a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for making a distribution or payment to, or for the benefit of, the beneficiary, if the distribution or payment is required by the trust instrument. (b) This section may not be construed as affecting the trustee’s right to: (1) Maintain a reserve for reasonably anticipated expenses, including, but not limited to, taxes, debts, trustee and accounting fees, and costs and expenses of administration. (2) Seek a voluntary release or discharge of a trustee’s liability from the beneficiary. (3) Require indemnification against a claim by a person or entity, other than a beneficiary referred to in subdivision (a), which may reasonably arise as a result of the distribution. (4) Withhold any portion of an otherwise required distribution that is reasonably in dispute. (5) Seek court or beneficiary approval of an accounting of trust activities.

16005. The trustee of one trust has a duty not to knowingly become a trustee of another trust adverse in its nature to the interest of the beneficiary of the first trust, and a duty to eliminate the conflict or resign as trustee when the conflict is discovered.

16006. The trustee has a duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property.

16007. The trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust.

16009. The trustee has a duty to do the following: (a) To keep the trust property separate from other property not subject to the trust. (b) To see that the trust property is designated as property of the trust.

16010. The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property.

16011. The trustee has a duty to take reasonable steps to defend actions that may result in a loss to the trust.

16012. (a) The trustee has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform and may not transfer the office of trustee to another person nor delegate the entire administration of the trust to a cotrustee or other person. (b) In a case where a trustee has properly delegated a matter to an agent, cotrustee, or other person, the trustee has a duty to exercise general supervision over the person performing the delegated matter. (c) This section does not apply to investment and management functions under Section 16052.

16013. If a trust has more than one trustee, each trustee has a duty to do the following: (a) To participate in the administration of the trust. (b) To take reasonable steps to prevent a cotrustee from committing a breach of trust or to compel a cotrustee to redress a breach of trust.

16014. (a) The trustee has a duty to apply the full extent of the trustee’s skills. (b) If the settlor, in selecting the trustee, has relied on the trustee’s representation of having special skills, the trustee is held to the standard of the skills represented.

16015. The provision of services for compensation by a regulated financial institution or its affiliates in the ordinary course of business either to a trust of which it also acts as trustee or to a person dealing with the trust is not a violation of the duty provided in Section 16002 or 16004. For the purposes of this section, “affiliate” means a corporation that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with another domestic or foreign corporation.

In addition to the above duties fiduciaries have to comply with the Prudent Investor rules in California. The prudent investor rules require executors, trustees and conservators to diversify the investments under their care.

Often, trustees are questioned by the beneficiaries regarding their duties. The top failure by a trustee in California is failure to account. As a trustee, you can retain us to consult with you regarding specific duties. Where there are doubts about interpretation of a duty of a trustee, we can petition the court for instructions to the trustee. Contact Sirkin Law Group’s Living Trust Attorneys in Los Angeles, CA to learn more about trusts.

The attorneys at Sirkin Law Group, P.C. have been advising trustees and other fiduciaries since 1992. Contact us at 818.340.4479 or 800.300.9977. We provide a free consultation in all of Los Angeles County and advise trustees throughout the United States relating to duties of California trustees. Our offices are located in Los Angeles, Woodland Hills, Glendale, West Los Angeles, Pasadena and Irvine. Our attorneys counsel trustees in Los Angeles Ca. Trust Attorney Los Angeles.

West Los Angeles Office Address: 11400 W. Olympic Blvd. #200, Los Angeles, CA 90064.