Tag: Ca Laws

PROBATE LAW CA | LOS ANGELES GLENDALE PASADENA ATTORNEYS

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

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

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

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

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

TRUST LITIGATION LOS ANGELES | LOS ANGELES GLENDALE PASADENA

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Trust Litigation Attorneys Los Angeles


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

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

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

8.   Issues of interpretation of terms of a trust.

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


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

DEMENTIA LAW LOS ANGELES | CONSERVATORSHIPS SPECIALIST ATTORNEY

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

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

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

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

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

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

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

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

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

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

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

How do you fill out a Capacity Declaration form?

DOWNLOAD BOTH FORMS BELOW IN RED AND ORANGE:

1.  Download Part 1: the Capacity Declaration here.   

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

Most common errors made in Capacity Declaration forms are:

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

2.  The dementia medication attachment is not attached.

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

4.   The date next to the signature is omitted.

5.   No original signatures.​

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

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

LAWYERS FOR TRUSTEES LOS ANGELES | LOS ANGELES CA | 818.340.4479 | DUTIES OF A TRUSTEE

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As lawyers for trustees, we are often asked to interpret facts involving 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 law, and funding of the trust which require close attention to the trust document, which can make the process of trust distributions a smooth transaction.

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.

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.

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.

Often, trustees are questioned by the beneficiaries regarding their duties.  As a trustee, you can retain us to consult with you regarding specific duties.   Where there are doubts about interpretation of a duty, we can petition the court for instructions to the trustee.  

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 serve all of Los Angeles County and advise trustees throughout the United States relating to duties of a trustee in California.   Our offices are located in Los Angeles, Woodland Hills, Glendale, West Los Angeles, Pasadena and Irvine.   Lawyers for Trustees Los Angeles Ca.

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

OBJECTIONS TO CONSERVATORSHIPS | CONSERVATORSHIP CONTEST OR LAWSUIT IN LOS ANGELES

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If you have received a copy of a Petition for Appointment of a Probate Conservator and a Notice of Hearing in the mail, chances are that you are a child or a family member of the person who is named as a proposed conservatee.    If you agree with the Petition,  you may choose to do nothing.  If you disagree with the Petition, you should hire counsel to help you appear in court and to file the right paperwork for you on a timely basis, before the hearing.

WHO CAN OBJECT TO A CONSERVATORSHIP?

In California, any interested person, a family member, or even a friend or a neighbor may file objections to appointment of a Conservator.   The court then appoints a PVP attorney in Los Angeles County to report to the court as to the Proposed Conservatee’s wishes, and who will investigate the nature of the objections.

First, the Proposed Conservatee (usually the elder or disabled person), can object to the Conservatorship, and does not even have to file anything in court.   An oral objection may be made by the Proposed Conservatee by his or her counsel who will report to the court as to why his/her client should not be conserved.

Most often, Objections to Conservatorship are filed by one or more children of the Conservatee who do not agree with the appointment of the person who seeks the Conservatorship.

HOW DO YOU OBJECT TO A CONSERVATORSHIP PETITION?

If you are not the Proposed Conservatee, you must file a formal pleading in court and pay a filing fee to have it heard on the date of the hearing for the Petition for Conservatorship.   Your objection has to be verified under penalty of perjury, staying the reasons the Court should not grant the Petition.

WHY AND WHEN SHOULD YOU OBJECT TO A CONSERVATORSHIP?

If you believe any of the following, you should get legal advice from an experienced attorney regarding filing an objection, which should be done before the date of the hearing:

  • You believe the Proposed Conservatee is competent; or
  • You believe the person who has filed to become the Conservator is not suitable;
  • You believe the person who has filed to become the Conservator has engaged in elder abuse or does not have the best interest of the Conservatee at heart;
  • An alternative to the Conservatorship exists.

WHAT ARE THE COURT FILING FEES TO OBJECT TO A CONSERVATORSHIP?

 In Los Angeles Superior Court (Probate Court), the filing fee for an Objection to a Petition for Appointment of a Probate Conservatorship is $465.00 for 2015.

WHAT ELSE NEEDS TO BE DONE WHEN YOU OBJECT TO A CONSERVATORSHIP?

​When you object to a Conservatorship, you are not quite done.   If you believe that someone else is more suitable to be the Conservator, then you must file a competing Petition for Appointment of Probate Conservator.   That has a separate filing fee and if it involves the money of the conservator, then you also must also pay for a probate court investigator’s fee when you file.

WHAT HAPPENS NEXT AFTER YOU HAVE FILED?

After you have filed your objection, the court will hear the matter and ask whether any discovery time is needed.  Once discovery is completed, the court will set a hearing called a trial setting conference where a date is then selected for trial.

HOW TO TRY TO RESOLVE CONSERVATORSHIP CASES QUICKLY?

If the parties are agreeable, try mediation in conservatorship cases first.   Once you have mediated the case, options may become more evident as to what the best course of action is which suits the best interest of the Conservatee.    

WHY HIRE US?

Mina Sirkin is a Certified Specialist Attorney in Probate, Estate Planning and Trust Law in Los Angeles, California with over 26 years of experience in Los Angeles Conservatorships.   She has handled millions of dollars in contested and uncontested Conservatorships and cases involving objections to conservatorship in the Los Angeles Superior Court – Probate Court.   Read more about about our credentials here:   Los Angeles Conservatorship Attorney. 

Our law offices in Woodland Hills, Los Angeles, Glendale and Pasadena handle all matters relating to conservatorships and objections to conservatorships, as well as competing conservatorship petitions.   Call us at 818.340.4479 when you need help with objections to conservatorships in Los Angeles County.  Call for a free consultation regarding conservatorships in Los Angeles.

​​OBJECTIONS TO CONSERVATORSHIP LOS ANGELES

ALZHEIMER’S AND DEMENTIA ATTORNEYS: SAN FERNANDO VALLEY AND LOS ANGELES

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Alzheimer’s Disease is a disease which in its later stages significantly affects the minds of millions of California residents.  Dementia is the term used to describe the symptoms of a large group of illnesses that cause a progressive decline in mental functioning. There are a variety of causes.   Our attorneys are prepared to assist you with matters involving Alzheimer’s Disease.


Alzheimer’s can happen to anybody

Most people with dementia are older, but it is important to remember that older people do not get dementia. It is not a normal part of aging. Dementia can happen to anybody, but it is more common after the age of 65 years. However, people in their 40s and 50s can also have dementia.  Are you concerned about the special needs of someone with Alzheimer’s disease or dementia?  Call our lawyers.

The most common early symptoms:

The early symptoms of dementia are subtle and vary for each person and from day-to-day. Symptoms gradually get worse. Common symptoms include:

  • Memory problems, especially for recent events (long term memory usually remains in the early stages). 

  • Language and speech difficulties. 

  • Confusion, or getting lost. 

  • Personality changes and behavior changes. 

  • Apathy and withdrawal. 

  • Loss of ability to do familiar tasks.

  • Poor money judgment.

  • Many late bills or unpaid bills.

  • Loss of trust or becoming suspisious of persons, or in some cases becoming too trusting of others.



Types and causes:

There are many different types of dementia. The most common are: 

Alzheimer’s disease – there is no known cause, except for a very small percentage of cases which are inherited. 

Vascular dementia – damage is caused by ‘mini-strokes’, risk may be able to be reduced by maintaining good cardiovascular health: not smoking, weight control, exercise. 

Pick’s disease and frontal lobe dementia – damage starts in the front part of the brain, with personality and behavioral symptoms more common early on; the causes are unknown. 

Parkinson’s disease – dementia is more common in people with Parkinson’s but not everyone with Parkinson’s gets dementia; causes are unknown. 

Alcohol related dementia – caused by too much alcohol, especially with a poor diet, low in Vitamin B1 (thiamine); can be prevented by avoiding alcohol abuse. 

AIDS related dementia – caused by the HIV virus, but does not affect everyone with HIV-AIDS. 

Huntington’s disease: an inherited condition, dementia is usually an inevitable part of the deterioration.

Dementia and Aging


Dementia and Alzheimer’s disease are not normal parts of aging, although it is more common in older people.  People as young as 40 can get Alzheimer’s disease. One in four people aged over 85 years have some form of dementia.

Diagnosis is important


It is important to confirm a diagnosis.  

Rule out other conditions which can be mistaken for dementia, such as depression, stress, pain, infection. 

Enable treatments to be discussed – there are treatments which can help some people. 

Help planning for the future to start early, while the person affected can still actively participate. 

Allow support to be arranged to assist both the person with dementia and their family.

A local doctor or specialist should conduct a full assessment. Cognitive Dementia and Memory Service (CDAMS) clinics can assist in diagnosis. If the person will not go to a doctor or the doctor is unwilling to take concerns seriously, seek advice on how to obtain Alzheimer/Dementia support services.

Is it dementia or is it something else?


There are a number of conditions that have symptoms similar to those of dementia. By treating these conditions, the symptoms will often disappear.

These include: 

Some vitamin deficiencies and hormone disorders; 
Depression;
Medication clashes or over medication;
Infections;
Brain tumor.

It is essential that a medical diagnosis is obtained at an early stage, when symptoms first appear, to ensure that a person who has a treatable condition is diagnosed and treated correctly.

Can dementia be inherited?

This will depend on the cause of the dementia, so it is important to have a firm medical diagnosis. If there are concerns about the risk of inheriting dementia, discuss it with a doctor or contact Alzheimer’s Australia and speak to a counselor.

What can be done to help?

At present, there is no prevention or cure for most forms of dementia. However, some medications and alternative treatments have been found to reduce some symptoms. Community support is available for the person with dementia, their families and carers, and can make a positive difference to managing dementia.

Getting help early will make a difference

The earlier medical and legal help is found, the better the family and person with the disease will be. It is important to: 

  • Plan ahead – while the person can still legally sign documents, get enduring powers of attorney to manage financial affairs and medical decisions, and for conservatorship. 
  • Get information – find out about dementia and what lies ahead, being informed gives people more sense of control. 
  • Seek support – many people find it helpful to talk through what a diagnosis of dementia means and how they can make adjustments. 
  • Practical help – help in the home, respite so caregivers can have a break, the person with dementia going out to clubs, day centers or outings with friends, all make a positive difference.
  • Assess whether a Conservatorship is an option or necessary.


Getting Probate Legal Help in Los Angeles Now:

At the early stages of Dementia, if the patient has capacity to recognize his loved ones and identify the nature and extent of his assets, he can create a power of attorney, or trust to allow for another person to manage his assets in the event of his incapacity.

As the disease is progressive, in the later stages of the disease, the above options may become unavailable and the means for taking care of a person’s legal and financial affairs becomes limited to the Conservatorship process. (Please see our article regarding Conservatorships)

The importance of recognizing the symptoms of Dementia or Alzheimer diseases is to be able to plan for the health and financial needs of the patient which often is ignored as family members are overwhelmed by managing the disease itself. Our Elder Law attorneys can help you with determining the best resources for your Elder legal needs.

Support services

There is a wide range of community services which help both the person with dementia and their carers throughout the course of the disease. These include: 

Dementia Helpline. 
Support and information groups, for people in the early stages of dementia and their carers. 
Carer education and training programs. 
Books, videos and other resources. 
Counseling and practical advice, for individuals or family groups. 
Alzheimer / Dementia support groups. 
Telephone support programs. 
Adult Day Care centers. 
Respite care, including in-home, out-of-home and flexible care such as holidays. 
Home care and meals on wheels.
High and low level aged care facilities.


Things to remember

Dementia is a progressive decline in mental functioning .

There are many causes of dementia, Alzheimer’s disease is just one of them.

While dementia is more common in older people, it is not a normal part of aging.    Talk to us about power of attorney documents, estate planning, and conservatorships for elderly persons with Alzheimers.   

We are your Los Angeles Alzheimer’s Attorneys.   Probate, Trust and Conservatorships often intersect in Los Angeles based on the facts of the case.   We are well-versed in all of those areas and can provide you with expert opinions.   Free Probate Consultation Los Angeles.

We serve all of Los Angeles County and parts of Ventura and Orange County.   Our Alzheimer’s Attorneys help clients in Los Angeles, Woodland Hills, Santa Monica, Glendale, Burbank, Pasadena, Tarzana, Reseda, Encino, Northridge, Granada Hills, Agoura Hills, Westlake Village, Venice, North Hollywood, West Hollywood, Beverly Hills, Manhattan Beach, Redondo Beach, Torrance, and Culver City.  Call us if you want to legally protect a loved one with Alzheimer’s or Dementia.   Our LA Probate Lawyer can help.

SPECIAL NEEDS TRUST ATTORNEYS

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CREATING A SPECIAL PLAN: SPECIAL NEEDS TRUSTS IN GLENDALE CA, AND  PASADENA AREAS


As special needs trust attorneys, we gear our special needs planning based on over 22 years of experience in drafting and litigating such trusts.  When parents leave 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.  Our Glendale California Special Needs Lawyers can address each special needs issue specifically and individually.

A Special Needs Trust is then crafted by an attorney to protect 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 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 created with the assets of the disabled beneficiary, such as litigation proceeds, via a court order.

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

THREE TYPES OF SPECIAL NEEDS TRUSTS: 

There are generally three types of Special Needs Trusts.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

GLENDALE CA CONSERVATORSHIP ATTORNEY: CONSERVATORSHIP LITIGATION AND APPOINTMENTS

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

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

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

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

1.  Determine if there is an Advance Health Care Directive or Power of Attorney in place.
2.   Call our office at 818.340.4479 and ask for a call assessment regarding your case 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 in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Mina Sirkin, Glendale Conservatorship Attorney at 818.340.4479.  Our Glendale, Ca office serves the Glendale, Burbank, Pasadena, Eagle Rock, and surrounding areas in Conservatorship matters.  We can assist you in helping your aging parents or to appoint a conservator in Glendale.  Read more about Conservatorship Attorney Glendale.

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

LOS ANGELES CONSERVATORSHIP ATTORNEY

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TOP 10 QUESTIONS TO REVIEW BEFORE A CONSULTATION WITH A CONSERVATORSHIP ATTORNEY  FOR A LOS ANGELES RESIDENT AND LOVED ONE.

When is a conservatorship necessary in Los Angeles? Clients in Los Angeles often ask Attorney, Mina Sirkin if they should pursue a conservatorship for an elderly or disabled parent, or a disabled child.  Here are the signs that a person needs to be in a conservatorship when there are no other alternatives available or appropriate.

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

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

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

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

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

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

​6.   Is he or she bathing himself or herself?

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

8.   Are there bills that are unpaid?

9.   Is he or she forgetful of recent events?

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

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

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

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

1.  Check to see if there are Advanced Directives and power of attorney documents in place.

2.   Call Sirkin Law Group at 818.340.4479 and ask for a call assessment regarding your case.

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

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

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

REVIEW THE CONSERVATORSHIP PROCESS IN LA COUNTY OUTLINE HERE.

For the intersection of conservatorship and special needs trust, see our article on Special Needs Trusts in Los Angeles.


Call Mina Sirkin, Los Angeles Conservatorship Attorney at 818.340.4479 for a free conservatorship consultation in Los Angeles.   Our attorneys serve the Los Angeles, Glendale, Pasadena, Santa Monica, West Los Angeles, Agoura, Calabasas, Venice, Malibu, Hollywood, Tarzana, Studio City, Marina Del Rey, Woodland Hills, Calabasas, West Hills, Tarzana, Chatsworth, Northridge, Canoga Park, Winnetka, Encino, Sherman Oaks, Burbank, North Hollywood, Hollywood Hills, North Hills, Agroua Hills, and Westlake Village areas. Conservatorship Attorney Los Angeles.