Conservatorship Litigation Archives - #1 Probate Lawyer Los Angeles

CONSERVATORSHIPS ATTORNEY | SIRKIN LAW | 818.340.4479

On: June 3, 2020June 22, 2020 By: admin

CONSERVATORSHIP & ELDER RECOVERY LAW ATTORNEY NORTHRIDGE CA

Conservatorship and Guardianship Attorneys Lawyers

CONSERVATORSHIPS: A Conservatorship is a legal procedure to help Northridge residents when it is necessary to have someone with legal authority and responsibility to care for another adult. The Court appoints a Conservator to take on the role of a caretaker for the disabled person. Conservatorships are generally needed for persons who cannot care for themselves, when no estate planning has been done, or where a power of attorney is not a suitable alternative. Our Conservatorship lawyers can assist Northridge residents with the conservatorship process and in planning for the well-being of your loved ones in Northridge Ca.

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 normally files 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 generally continues 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.

A permanent Conservatorship lasts as long as the Conservatee is alive, and should only be used when absolutely necessary. Candidates for conservatorships are usually elderly or 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.

PROTECTION FOR THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP

Conservatorship proceedings and actions of conservators are court supervised and are protective proceedings.

In a Conservatorship, the Court can suspend a power of attorney.

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 Burbank 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.

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 a court appointed 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.

A FEW 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.

See our full article on 8 Things You Cannot Do with a Power of Attorney in California.

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. A person with a power of attorney cannot prepare a will for the conservatee. 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. North ridge Ca residents have hired us for over 22 years to assist them with Conservatorships.

Contested Conservatorship or Conservatorship Litigation: Competing Petitions.

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 mediation helps in determining who will be 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 Northridge residents with Conservatorships. Call us at 818.340.4479 for more information on conservatorships and contested conservatorship sand conservatorship litigation matters. Northridge Conservatorship Attorney.

CONSERVATORSHIPS ATTORNEY BURBANK CA SIRKIN LAW | 818.340.4479

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

CONSERVATORSHIP & ELDER RECOVERY LAW ATTORNEYS LAWYERS BURBANK CA

Conservatorships Litigation Lawyers help prevent loss to the elderly and recover assets for the conservatorship estate.

WHEN IS A CONSERVATORSHIP NEEDED? When a Conservatorship is created for a Burbank resident, it gives the necessary power to a person called a Conservator to care for an ill person who cannot help care for himself or herself. The ill person is called a conservatee, indicating that he or she is a person who requires protection. Does a conservatorship have to be established by the court? Yes. If you have a loved one in Burbank who needs help, it is necessary to have a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult. Where a valid power of attorney cannot be obtained and does not exist, the conservatorship may be suitable, but the suitability must be explored first. Our Conservatorship lawyers can assist persons near or in Burbank with the conservatorship process and in planning for the well-being of your loved ones.

How to tell what type of conservatorship is necessary? Talk to us about the differences.

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 normally files 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 intended to last as long as the Conservatee is alive, and should only be used when absolutely necessary. Candidates for conservatorships are usually elderly or disabled. Some conservatees may have Alzheimer’s disease, dementia, Parkinson’s, autism, or other diseases. Once a Conservator is appointed, the Conservator can ask the Court for authorization to do estate planning, or to sell a property.

PROTECTION FOR THE PERSON AND ESTATE OF ELDERLY AND DISABLED WITH A CONSERVATORSHIP

Conservatorship proceedings and actions of conservators are court-supervised and are protective steps to consider for your family.

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

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

11. Conservatorship trials.

Call the attorneys who care about Burbank and its elderly and disabled. Our Specialist conservatorship attorney is ready to serve Burbank Ca residents with Conservatorships. In Burbank, call us at 818.340.4479 for more information, a free consultation on conservatorships and contested conservatorship and conservatorships litigation. Burbank Conservatorship Attorney.

CONSERVATORSHIPS ATTORNEY | SIRKIN LAW | 818.340.4479

On: June 3, 2020June 22, 2020 By: admin

CONSERVATORSHIP & ELDER LAW ATTORNEY VAN NUYS CA

Conservatorship and Conservatorship Litigation Attorney Lawyer

What is a Conservatorship Proceeding? A Conservatorship created for Van Nuys residents is a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult. Our Los Angeles & Van Nuys Conservatorship lawyers can assist you with the conservatorship process in and planning for the well-being of your loved ones in Los Angeles County.

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 Sherman Oaks 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.

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 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.

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. Van Nuys 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 Van Nuys residents with Conservatorships. Call us at 818-340-4479 for more information on conservatorships and contested conservatorship sand conservatorship litigation matters. Van Nuys Conservatorship Attorney.

LOS ANGELES CONSERVATORSHIP CALIFORNIA CONTESTED CONSERVATORSHIP MATTERS 818.340.4479

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

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

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

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

Types of Conservatorship:

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

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

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

Who can file for a Conservatorship?

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

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

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

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

PROTECTING THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP IN LOS ANGELES

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

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

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

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

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

California Conservatorship Process:

Conservatorship proceedings usually start when a person is so incapacitated that he or she cannot manage his/her own affairs. The person who is the caretaker is called the conservator, and the person who is being taken care of is called the conservatee.

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

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

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

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

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

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

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

What is a Contested Conservatorship or Conservatorship Litigation matter?

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

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

2. Removal of an existing Conservator for cause.

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

4. Disputes involving contested conservatorship accountings.

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

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

7. Family mediations in determining the best conservator.

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

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

10. Conservatorship trials.

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

SAN FERNANDO VALLEY CONSERVATORSHIPS ATTORNEYS LAWYERS | SIRKIN LAW | 818.340.4479

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

CONSERVATORSHIP & ELDER LAW ATTORNEY IN SAN FERNANDO VALLEY SINCE 1992

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

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

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

Types of Conservatorship:

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

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

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

Who can file for a Conservatorship?

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

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

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

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

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

PROTECTING YOUR ELDERLY AND DISABLED LOVED ONES WITH A CONSERVATORSHIP

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

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

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

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

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

California Conservatorship Process:

Conservatorship proceedings usually start when a person is so incapacitated that he or she cannot manage his/her own affairs. The person who is the caretaker is called the conservator, and the person who is being taken care of is called the conservatee.

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

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

How is a Power of Attorney different than a conservatorship?

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

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

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

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

What is a Contested Conservatorship or Conservatorship Litigation matter?

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

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

CONSERVATORSHIP LITIGATION LOS ANGELES

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

CONSERVATORSHIP LITIGATION

Many times our Los Angeles clients seek counsel or attorneys for family members, to protect elderly or disabled persons in Conservatorship litigation cases in Los Angeles County, California. In those situations, family members or friends get involved in the day-to-day affairs of that person and disputes regarding conservatorships can arise unexpectedly and quickly. Who controls the elder person’s funds is often subject of litigation in Conservatorship matters. Typically, children litigate against each other to determine who is best suited to take care of the parent’s finances or physical well-being. Do you need a Conservatorships attorney near you in Los Angeles, or have asked yourself is a conservatorship lawyer appropriate for me? Call for conservatorships now.

Conservatorships get litigated in many arenas as follows:

1. Lawsuits over who is most suitable to become the conservator or appointed.

2. Objections to Conservatorships are filed.

3. Conservatorship Mediations often lead to resolution of this type of case.

4. When a Conservator is appointed and has not filed an accounting, family or friends can demand an accounting. Objections to Conservatorship accountings can also result in litigation.

5. If an elder person is contractually bound to perform a sale or other conveyance, the Conservatorship may be litigated in what is called an 850 action.

6. In urgent situations, when the physical health of the person is at risk, or when assets are at risk of immediate loss, a temporary conservatorship can be established to safeguard the person or his/her assets.

7. Conservators can make mistakes. At times, they fail to properly invest the assets of the Conservatee, and on occasion, some have absconded with the same.

8. There are some situations where a relative lives with the conservatee and there is a need to sell the home of the conservatee to support him/her.

9. Conservatorship litigation can also arise in the context of a dissolution of a marriage of the elder.

All of the above situations may lead to litigation in the conservatorship arena.

Why hire us?

Mina Sirkin is a nationally recognized Los Angeles conservatorship and probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters. With over 22 years of conservatorship experience, Mina Sirkin is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law. Only 1% of California attorneys are Certified as specialists. Mina Sirkin is rated 10/10 on Avvo. Sirkin Law Group’s conservatorship lawyers in Los Angeles can assist you and your loved ones. Call: 818.340.4479 when you need an attorney to litigate in a Conservatorship matter. Our attorneys have superb experience in trial, discovery, and appeal of conservatorship litigation matters in Los Angeles County.

CONSERVATORSHIP LITIGATION ATTORNEYS LOS ANGELES