Burbank Conservatorship and Trust Attorney

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

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

INABILITY TO MANAGE ASSETS IMPACTS ELDER IRA OWNERS 

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

 

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

 

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

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

CONSERVATORSHIP LAWYER | CONSERVATORSHIP LAW CA SIRKIN LAW

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

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

WHO USUALLY FILES CONSERVATORSHIPS UNDER CALIFORNIA LAW?

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

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

ARE THERE OTHERS WHO CAN FILE A CONSERVATORSHIP?

Yes.

Types of Conservatorship:

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

1) Conservatorship of the person;

2) Conservatorship of the Estate; and

3) Conservatorship of person and estate. 

GENERAL CATEGORIES OF CONSERVATORSHIPS IN CALIFORNIA


1.  Probate Conservatorship.

2.  Developmentally Disabled Conservatorship (called a Limited Conservatorship)

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

LEARN ABOUT LEGAL ALTERNATIVES TO CONSERVATORSHIPS IN CALIFORNIA


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



DO YOU HAVE THE RIGHT TO FILE FOR A CONSERVATORSHIP?

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

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

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

WHAT HAPPENS IF MULTIPLE PEOPLE FILE FOR A CONSERVATORSHIP?

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

WHO CANNOT BECOME A CONSERVATOR?

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

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

HOW LONG DOES THE CONSERVATORSHIP LAST?

A conservatorship is a life long process, must continue until the court orders the conservator relieved from his or her duties. This can happen if the conservatee dies, if the estate is used up, if the conservatee regains his or her capacity, or if the conservator becomes unable or unwilling to act.

In the last situation, the court will assign a successor conservator.     If the Conservator dies, the Conservator of the estate still remains until he/she finishes his/her accounting.   Read more about Conservatorship Accountings here.

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

Candidates for conservatorships are usually disabled or elderly.  Some conservatees may have Alzheimer’s disease, dementia, Parkinson’s, Huntington’s disease, autism, or other diseases.  Before 1980, many conservatees simply had the diagnosis of mental retardation.   Once a Conservators is appointed, the Conservator can ask the Court for permission to do Medi-Cal planning for the Conservatee including substituted judgment petitions to protect the assets from Medi-Cal, and to purchase or sell property of the Conservatee.

HOW DOES THE COURT PROTECT THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP?

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

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

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

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

PVP attorney (court appointed attorney) is sometimes appointed for the Conservatee.  The role of this type of attorney is to advocate the wishes of the proposed conservatee when there is litigation, or when rights of the Conservatee are affected.


California Conservatorship Process:


Conservatorship proceedings usually start when a person is so incapacitated that he or she cannot manage his/her own affairs. The person who is the caretaker is called the conservator, and the person who is being taken care of is called the conservatee.  Caregivers and Conservators can be different people.  A conservator can hire caregivers and does not have to do caregiving.

The conservatorship proceeding begins with a petition filed with the court, followed by an investigation by a court investigator and a Conservatorship court hearing. Many factors can affect a conservatorship.  For example, if the conservatee objects to the conservator’s appointment, he or she may object and the court will assign counsel for the conservatee for that purpose.


A conservator of the estate is required to provide accountings that give details of the conservatee’s assets, income and expenses, showing exactly how the conservatee’s money was spent. Additionally, the court will require that the conservator of the estate to post a bond. The conservator is paid by the conservatee’s estate and the court supervises the reasonableness of the payments to the conservator.


ARE POWER OF ATTORNEY DOCUMENTS ALTERNATIVES TO CONSERVATORSHIPS AND ARE THEY APPROPRIATE OR AVAILABLE?


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

While he or she could have given a valid power of attorney while he or she was well, he or she may be befriended, may marry, and convey his or her property to a new spouse. In that situation, the probate code provides that a conservatorship may be established, and the conservator may ask the court to set aside any contract entered into by the ill conservatee.  Second and third marriages are common in California.  The right to marry is one that the Conservatee retains unless the court terminates it with an order.

The advantage of the conservatorship is that it can safeguard against fraud or undue influence by a third party against the ill person.   Conservatorships can get costly when there is litigation involved.  Persons filing for conservatorship should consider the costs before filing.

What is a Contested Conservatorship or Conservatorship Litigation matter?


Contested Conservatorship (competing petitions) and conservatorship litigation can involve any of the following situations:


1. Objections to the initial appointment of a particular person as a conservator.   Filing any objection to a conservatorship.
2. Removal of a Conservator for cause.
3. Actions requesting appointment of a successor conservator to which others object.
4. Disputes involving contested conservatorship accountings.  These include formal objections to accounting by the conservator.
5. Determination of a undue influence on an elderly or disabled person.    Elder abuse actions can be brought in conservatorship cases.
6. Objections to Proposed Actions by Conservator including substituted judgment actions and trusts.
7. Family mediations in determining the best conservator.
8. Requests to terminate a conservatorship or modify powers in a conservatorship.
9. Determination of rights to assets and disputes relating to ownership and title.
10. Conservatorship trials.

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

ELDER LAW : WOODLAND HILLS ELDER LAW LAWYERS ATTORNEYS | SIRKIN LAW

An Elder Law Attorney protects assets and the well-being of older adults. The Woodland Hills Elder Law attorneys at Sirkin Law Group have dedicated the last twenty six years to the practice of elder law and the protection of the future of our elderly residents in Woodland Hills the San Fernando Valley.   We believe that with Elder Law Planning, Conservatorships can be avoided for most of our clients with proper estate plans.


Before there is any medical emergency, we prepare our elder clients and their children by making sure they have the right documents at hand to protect them in urgent situations.  Preparation is the only thing we can teach our clients to protect them from life events and third parties.  Below you will find a list of documents you should have ready for your parents.

1.   Their Advance Health Care Directive or Durable Power of Attorney for Health Care, and a Hipaa Release;
2.   A copy of their Driver’s license or senior identification card;
3.   Their Medicare number (same as Social Security number) , or if on Medi-Cal, their Medi-Cal Card or number.
4.   Their supplemental insurance information, and policy number.
5.   A list of their medications and allergies.
6.   A complete list of doctor’s and their telephone numbers.
7.   If a Veteran, their military identification number.
8.   Location of their estate planning documents and the name and phone number of the preparing attorney.


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


Our Elder Law clients in Woodland Hills often ask us whether they need conservatorship for an elderly or disabled 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.   Call our office at 818.340.4479 and ask for a call assessment regarding your case.
2.   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.
3.   Gather a list of medications and assets of your loved one
4.   Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Mina Sirkin, Woodland Hills Elder Law Attorney at 818.340.4479; San Fernando Valley Elder Law.  Our Woodland Hills Elder Law office serves the Woodland Hills, Calabasas, West Hills, San Fernando Valley, Tarzana, Reseda, Agoura, Hidden Hills, Canoga Park, Winnetka, and Westlake Village areas in contested elder law matters and uncontested elder law planning cases.  Elder Law Woodland Hills: Elder Law

Elder Law Office Address:  21550 Oxnard St. #300, Woodland Hills, California 91367 See our Elder Law attorney in Woodland Hills.

​CONSERVATORSHIPS ATTORNEY | SIRKIN LAW | 818.340.4479

CONSERVATORSHIP & ELDER LAW ATTORNEY GRANADA HILLS CA

Conservatorship Attorney Lawyer

Conservatorship:  Conservatorships for Granada Hills residents are judicially created relationships where an adult is given the legal authority and responsibility to care for another adult.   Our Granada Hills Conservatorship attorneys and lawyers can assist you with the conservatorship process in and planning for the well-being of your loved ones in Granda Hills.

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.

Conservatorships 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 which insures recovery to an estate in the event the assets are lost through a breach of fiduciary duty by the Conservator.


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 Granda Hills California Residents since 1992.

California Conservatorship Process:

Conservatorships become necessary and 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.

Conservatorship proceedings start when a petition is 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 account and to provide schedules of accountings to the court and interested parties, which 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.

THINGS YOU CANNOT DO WITH A POWER OF ATTORNEY DOCUMENT:

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 contracts, transferring assets and property, or prevent them from marrying with a power of attorney.  Prohibitions from acting have to be obtained via a court order in a Conservatorship.
3.   If the disabled person lacks capacity at the time of siging, you will have an invalid power of attorney.

4.   Unlike a trust, you cannot create or change a will of a person with a power of attorney.

​READ THE FULL ARTICLE ON 8 THINGS YOU CANNOT DO WITH A 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.   Granada Hills 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 matters often 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 Granada Hills residents with Conservatorships.  Call us at 818-340-4479 for more information on conservatorships and contested conservatorship sand conservatorship litigation matters.  Granada Hills Conservatorship Attorney.

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

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.  

CONSERVATORSHIPS | ATTORNEYS LAWYERS | CONSERVATORSHIP SIRKIN LAW

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

Typical Clients:

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


Types of Conservatorship:

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

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

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

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

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

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

WHO CANNOT BECOME A CONSERVATOR?

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

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

HOW LONG DOES THE CONSERVATORSHIP LAST?

A conservatorship is life long process, must continue until the court orders the conservator relieved from his or her duties. This can happen if the conservatee dies, if the estate is used up, or if the conservatee regains his or her capacity; or if the conservator becomes unable or unwilling to act. In the last situation, the court will assign a successor conservator.     If the Conservator dies, the Conservator of the estate still remains until he/she finishes his/her accounting.

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

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

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

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


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

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

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

A PVP attorney or a court appointed attorney is sometimes appointed for the Conservatee.  The role of this type of attorney is to advocate the wishes of the proposed conservatee when there is litigation, or when rights of the Conservatee are affected.


California Conservatorship Process:


Conservatorship proceedings usually start when a person is so incapacitated that he or she cannot manage his/her own affairs. The person who is the caretaker is called the conservator, and the person who is being taken care of is called the conservatee.  Caregivers and Conservators can be different people.  A conservator can hire caregivers and does not have to do caregiving.

The conservatorship proceeding begins with a petition filed with the court, followed by an investigation by a court investigator and a court hearing. Many factors can affect a conservatorship. For example, if the conservatee objects to the conservator’s appointment, he or she may object and the court will assign counsel for the conservatee for that purpose.


A conservator of the estate is required to provide accountings that give details of the conservatee’s assets, income and expenses, showing exactly how the conservatee’s money was spent. Additionally, the court will require that the conservator of the estate to post a bond. The conservator is paid by the conservatee’s estate and the court supervises the reasonableness of the payments to the conservator.


POWER OF ATTORNEY DOCUMENTS: ARE THEY GOOD ALTERNATIVES?


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

While he or she could have given a valid power of attorney while he or she was well, he or she may be befriended, may marry, and convey his or her property to a new spouse. In that situation, the probate code provides that a conservatorship may be established, and the conservator may ask the court to set aside any contract entered into by the ill conservatee.  Second and third marriages are common in California.  The right to marry is one that the Conservatee retains unless the court terminates it with an order.

The advantage of the conservatorship is that it can safeguard against fraud or undue influence by a third party against the ill person.   Conservatorships can get costly when there is litigation involved.  Persons filing for conservatorship should consider the costs before filing.


What is a Contested Conservatorship or Conservatorship Litigation matter?

Contested Conservatorship (competing conservatorship petitions) and conservatorship litigation can involve any of the following situations:

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

2. Removal of a Conservator for cause.

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

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

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

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

7. Family mediations in determining the best conservator.

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

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

10. Conservatorship trials.

Review our Conservatorship Process Timeline here.

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

CONSERVATORSHIPS | ATTORNEYS LAWYERS | CONSERVATORSHIP SIRKIN LAW

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

Typical Clients:

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


Types of Conservatorship:

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

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

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

DO YOU HAVE THE RIGHT TO FILE FOR A CONSERVATORSHIP?

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

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

WHO CANNOT BECOME A CONSERVATOR?

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

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

HOW LONG DOES THE CONSERVATORSHIP LAST?

A conservatorship is life long process, must continue until the court orders the conservator relieved from his or her duties. This can happen if the conservatee dies, if the estate is used up, or if the conservatee regains his or her capacity; or if the conservator becomes unable or unwilling to act. In the last situation, the court will assign a successor conservator.     If the Conservator dies, the Conservator of the estate still remains until he/she finishes his/her accounting.

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

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

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

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


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

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

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

A PVP attorney or a court appointed attorney is sometimes appointed for the Conservatee.  The role of this type of attorney is to advocate the wishes of the proposed conservatee when there is litigation, or when rights of the Conservatee are affected.


California Conservatorship Process:


Conservatorship proceedings usually start when a person is so incapacitated that he or she cannot manage his/her own affairs. The person who is the caretaker is called the conservator, and the person who is being taken care of is called the conservatee.  Caregivers and Conservators can be different people.  A conservator can hire caregivers and does not have to do caregiving.

The conservatorship proceeding begins with a petition filed with the court, followed by an investigation by a court investigator and a court hearing. Many factors can affect a conservatorship. For example, if the conservatee objects to the conservator’s appointment, he or she may object and the court will assign counsel for the conservatee for that purpose.


A conservator of the estate is required to provide accountings that give details of the conservatee’s assets, income and expenses, showing exactly how the conservatee’s money was spent. Additionally, the court will require that the conservator of the estate to post a bond. The conservator is paid by the conservatee’s estate and the court supervises the reasonableness of the payments to the conservator.


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


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

While he or she could have given a valid power of attorney while he or she was well, he or she may be befriended, may marry, and convey his or her property to a new spouse. In that situation, the probate code provides that a conservatorship may be established, and the conservator may ask the court to set aside any contract entered into by the ill conservatee.  Second and third marriages are common in California.  The right to marry is one that the Conservatee retains unless the court terminates it with an order.

The advantage of the conservatorship is that it can safeguard against fraud or undue influence by a third party against the ill person.   Conservatorships can get costly when there is litigation involved.  Persons filing for conservatorship should consider the costs before filing.


What is a Contested Conservatorship or Conservatorship Litigation matter?

Contested Conservatorship (competing conservatorship petitions) and conservatorship litigation can involve any of the following situations:

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

2. Removal of a Conservator for cause.

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

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

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

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

7. Family mediations in determining the best conservator.

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

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

10. Conservatorship trials.

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

CONSERVATORSHIPS | LOS ANGELES ATTORNEY | CONSERVATORSHIP LAW SIRKIN LAW

What is a Conservatorship? Mina Sirkin, Los Angeles Conservatorship attorney defines a conservatorship as follows: conservatorships are legally binding arrangements via a court order, where an adult is given the responsibility or duty to care for another adult.   The Conservatorship attorneys and lawyers at Sirkin Law Group, have helped establish Conservatorships for over 26 years, and can assist you with the conservatorship process in Los Angeles County. Conservatorships Offices in Los Angeles Glendale, Woodland Hills, Pasadena.  

WHO USUALLY FILES CONSERVATORSHIPS?

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

2.  A spouse who has a disabled spouse.

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

4.  A domestic partner whose partner has become disabled or incapacitated.

5.  Sometimes, when there is no family member or suitable individual, private professional fiduciaries file for conservatorship.

Groups of Conservatorships:  Probate Conservatorships and LPS Conservatorships for mental health

Probate Conservatorship Types in California:


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

1) Conservatorship of the person;

2) Conservatorship of the Estate; and

3) Conservatorship of person and estate. 

Conservatorships Los Angeles

GENERAL CATEGORIES OF CONSERVATORSHIPS IN CALIFORNIA


1.  Probate Conservatorship.

2.  Developmentally Disabled Conservatorship (called a Limited Conservatorship)

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

LEARN ABOUT ALTERNATIVES TO CONSERVATORSHIPS IN CALIFORNIA


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

Talk to us about your Los Angeles Conservatorship.

DO YOU HAVE THE RIGHT TO FILE FOR A CONSERVATORSHIP?

Generally, spouses, parents, children, relatives, friends, the public guardian, and professional fiduciaries can file for conservatorship.   Spouses are given priority over others.  A parent can file for conservatorship of a child.  The most common type of conservatorship filed by a parent is a Limited Conservatorship.  A child may file to conserve his or her parent.

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

WHO IS UNABLE TO BE A CONSERVATOR?

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

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

HOW LONG DOES THE CONSERVATORSHIP LAST?

A conservatorship is life long process, must continue until the court orders the conservator relieved from his or her duties. This can happen if the conservatee dies, if the estate is used up, if the conservatee regains his or her capacity, or if the conservator becomes unable or unwilling to act.

In the last situation, the court will assign a successor conservator.     If the Conservator dies, the Conservator of the estate still remains until he/she finishes his/her accounting.   Read more about Conservatorship Accountings here.

Conservatorships are time consuming and expensive and should be avoided with proper estate planning when there is still capacity.  Talk to an experienced conservatorships attorney in Los Angeles.  They should only be used when absolutely necessary.

Candidates for conservatorships are usually disabled or elderly.  Some conservatees may have Alzheimer’s disease, dementia, Parkinson’s, Huntington’s disease, autism, or other diseases.  Before 1980, many conservatees simply had the diagnosis of mental retardation.  Once a Conservators is appointed, the Conservator can ask the Court for permission to do estate planning for an incompetent person including substituted judgment petitions to protect the assets from Medi-Cal, and to purchase or sell property of the Conservatee.

HOW DOES THE COURT PROTECT THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP?

Are actions of the Conservator monitored by anyone? Conservatorship proceedings and actions of conservators are court supervised.   The Court requires that each Conservator of the estate post a Conservatorship bond for certain assets.  The bond is an indemnity contract that protects the conservatorship estate from bad acts of the conservator which may be surcharged.

What is no one tells you about the Conservatorship? Family members are given notice of the proceeding and financial records of the conservatee are summarized in an accounting filed with the court.   If the conservatee’s residence is to be changed, parties will receive notice.

Who determines if someone meets all of the medical requirements of a conservatorship?  When a Conservatee needs psychiatric (called psychotropic medications) medications, the Court reviews a doctor’s declaration regarding the need for the medication and makes the appropriate medication orders.    The ability of the Conservator to administer dementia medication depends on the court’s approval of administering such medication.   

Can I sell my parent’s home, if I am the conservator? When a Conservator wants to sell real property or purchase real property, the court must give permission for such a transaction, especially when it involves moving the Conservatee from his or her home.  Conservators must obtain an order to confirm the sale of real property from the court.

What is a PVP attorney and why does the conservatee need one? A PVP attorney (court appointed attorney) is sometimes appointed for the Conservatee.  The role of this type of attorney is to advocate the wishes of the proposed conservatee when there is litigation, or when rights of the Conservatee are affected.

California Conservatorship Process:


The first step in conservatorship usually start when a person is so incapacitated that he or she cannot manage his/her own affairs.  Actually before you file, we recommend that you get a Capacity Declaration completed by a medical doctor or psychologist.  This way, you do not waste any money, if the proposed conservatee has capacity, or is competent enough to take advantage of the alternatives to a conservatorship in California.

The person who is the lega caretaker appointed by the court is called the conservator, and the person who is being legally taken care of is called the conservatee. Caregivers and Conservators can be different people.  A conservator can hire caregivers and does not have to do caregiving.


The conservatorship proceeding begins with a petition filed with the court, followed by an investigation by a court investigator and a Conservatorship court hearing. Many factors can affect a conservatorship.  For example, if the conservatee objects to the conservator’s appointment, he or she may object and the court will assign counsel for the conservatee for that purpose.

A conservator of the estate is required to provide accountings that give details of the conservatee’s assets, income and expenses, showing exactly how the conservatee’s money was spent. Additionally, the court will require that the conservator of the estate to post a bond. The conservator is paid by the conservatee’s estate and the court supervises the reasonableness of the payments to the conservator.

ARE POWER OF ATTORNEY DOCUMENTS EFFECTIVE ALTERNATIVES TO CONSERVATORSHIPS AND ARE THEY APPROPRIATE OR AVAILABLE?

A power of attorney gives the option to the agent to act or not.  A conservatorship obligates the conservator to act.  That is one of the differences between a conservatorship and a power of attorney.


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

While he or she could have given a valid power of attorney while he or she was well, he or she may be befriended, may marry, and convey his or her property to a new spouse. In that situation, the probate code provides that a conservatorship may be established, and the conservator may ask the court to set aside any contract entered into by the ill conservatee.  Second and third marriages are common in California.  The right to marry is one that the Conservatee retains unless the court terminates it with an order.

The advantage of the conservatorship is that it can safeguard against fraud or undue influence by a third party against the ill person.   Conservatorships can get costly when there is litigation involved.  Persons filing for conservatorship should consider the costs before filing.

What are are disputed conservatorships, a Contested Conservatorship or Conservatorship Litigation and how to handle them?


Families often have conservatorship disputes in Los Angeles. A disputed conservatorship case normally get an evidentiary hearing where the judge can take evidence to determine if a) a conservatorship is needed, and b) if the person proposed to be the conservator is suitable. Contested Conservatorship (competing petition) and conservatorship litigation can involve any of the following situations:


1. You must file a conservatorship objection on time.  Delays work to your disadvantage. Objections to the initial appointment of a particular person as a conservator.   Filing any objection to a conservatorship.  If you object to someone becoming a conservator, you must call an experienced conservatorship lawyer to help you.  Call 818.340.4479.
2. Removal of a Conservator for cause.
3. Actions requesting appointment of a successor conservator to which others object.
4. Disputes involving contested conservatorship accountings.  These include formal objections to accounting by the conservator.
5. Determination of a undue influence on an elderly or disabled person.    Elder abuse actions can be brought in conservatorship cases.
6. Objections to Proposed Actions by Conservator including substituted judgment actions and trusts.
7. Family mediations in determining the best conservator.
8. Requests to terminate a conservatorship or modify powers in a conservatorship.
9. Determination of rights to assets and disputes relating to ownership and title.
10. Conservatorship trials.

Many times, appointment of a professional fiduciary or professional conservator in Los Angeles, can curtail the expense of a litigated conservatorship.   If you need a referral to a professional fiduciary or would like an introduction to professional conservators, please call us. Probate Conservatorships can be complex.  Call us for individual conservatorship advice.  Call us at 818-340-4479 for more information on conservatorship and contested conservatorship and conservatorship litigation matters.  Los Angeles County Ca Los Angeles Conservatorship Attorney.   Each attorney and lawyer in our law office is experienced in Los Angeles Conservatorships: Service area County of Los Angeles, Los Angeles West Los Angeles, Hollywood, Hollywood Hills, Woodland Hills Conservatorships.  If you need help with conservatorships, we serve all areas near the City of Los Angeles and in Los Angeles County.

GLENDALE CA CONSERVATORSHIPS | SIRKIN LAW GROUP | 818.340.4479

TOP 10 SIMPLE QUESTIONS TO HELP YOU DETERMINE WHEN A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE IN GLENDALE

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?  Ask him/ her if he can account for hiis/ her assets and income.
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 EXISTENCE?

Yes. Power of attorney documents can be suspended or revoked by the court.   You can get a temporary conservator, while you file to ask the court to appoint a permanent 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.  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, San Marino, La Cresenta, Alhambra, Altadena and surrounding areas in Conservatorship matters.  We can assist you in helping your aging parents or to appoint a conservator in Glendale.  We handled preparing petitions to appoint a conservator, conservatorship accounting, and conservatorship lawsuits and removal actions. Read more about Conservatorship Attorney Glendale.

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

GLENDALE

Conservatorships

As attorneys, we are often asked by Glendale residents regarding Conservatorships and the nature of the proceedings affecting the elderly.   Over the last twenty three years, we have helped thousands of families find solutions to care for their elderly parents, special needs family members, and friends in the conservatorship process.

We approach Conservatorships with a goal oriented initial conference where we gather information about the special circumstances of the case in preparation for the trust.   We work backwards to find solutions regarding the health and care for the disabled or elderly person who will be the subject of the conservatorship.   Before we file any petition, we discuss possible outcomes and issues which should be known to proposed conservators before we start as follows:

1.  Conservatorships are lifetime proceedings.  They last until the Conservatee dies or the Court terminates the Conservatorship.    They require commitment on the part of the Conservator.   Conservators are allowed to hire care managers, caregivers  and other professionals to help meet this commitment.

2.  Uncontested Conservatorships which do not have any urgency involved take about 45 to 60 days to create.   If there is an urgency, such as a medical procedure, of if property will be lost, we can get an expedited emergency temporary conservatorship implemented in about 5 days, sometimes even shorter, depending on the nature of the urgency.

3.  Conservators of the Estate have to be bonded for liquid assets of the Conservatorship.   Before we represent a client, we have them apply for a proposed bond.   If a person is not bondable, we work with private professional fiduciaries who can be nominated to do the job of the conservator.

4.   Sales of real property require confirmations by the Court in a formal petition.   We help our clients obtain the appropriate appraisals to make the process of confirmation faster.

5.   Conservators of the Estate have to prepare and file an accounting in Court.  Conservatorship Accountings are one of the most litigated areas of probate conservatorships.  We have a simplified solution to set up the books and records from the start of the conservatorship so that our clients at the time of accounting, are ready to submit the accounting to court without any problems.

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

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

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

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

While we represent families, we also represent professional conservators (professional fiduciaries) and non-professional conservators.   If you need assistance in locating a good professional conservator, ask us for a referral.  We can advise you of the best solutions in conservatorship cases.

If you have loved on in Glendale who needs special legal work in a trust, call us first.  We handle conservatorship and special needs trusts in Glendale.


Why hire us?

Mina Sirkin is a nationally recognized conservatorship and probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group’s Glendale office can assist you and your loved ones.   Call: 818.340.4479.  Our Glendale Office is located at 450 N. Brand Blvd. Suite 600,  Glendale, CA 91203.  Glendale Conservatorships.​