CONSERVATORSHIP ATTORNEY

To contact our Los Angeles Conservatorship Attorney for a Conservatorship Law Consultation, Please call Conservatorship Lawyer, Mina Sirkin:

818-340-4479  ConservatorshipAttorneyLosAngeles.com

ConservatorshipLaw.com Los Angeles

Email our Los Angeles Conservatorship Attorney, Mina Sirkin, Conservatorship lawyer and Conservatorship Specialist Expert to appoint a conservator.

Mina N. Sirkin

Conservatorship Attorney

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Los Angeles Conservatorship Attorneys

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TESTIMONIALS:

“Mina Sirkin handled the estate of my brother. This was most difficult since my brother lived in Venice California and I live in Yardley, Pennsylvania. From the out set Mina Sirkin provided me with all the information I needed to understand the legal aspects as well as my obligations. All matters throughout the probate process were handled very professionally, yet with care and concern for me the client. Most outstanding was the very efficient and effective way the legal problems and issues were handled, always with a very positive outcome for me the client. I am most appreciative that the entire probate process was handled without the need for me to make a trip to California.

What particularly distinguishes the services I received from the Sirkin law firm was the expert advice I received in a timely manner on all the numerous related details that I needed to attend to to settle the estate. They were honorable in all their dealings, and most importantly in their billing.

I would certainly use the services of the Sirkin law firm in the future and have no hesitation in recommending their services to relatives, friends and acquaintances.” Herb. S.

Los Angeles Conservatorship Attorneys; Estate Planning, Wills and Trusts

“I have known Mina Sirkin for seven years. Mina is a life long learner, who puts the time and effort into staying on top of current events for estate law. This type of approach is very important for navigating the current times we are in; massive volatility in finances with commensurate changes in estate valuations which is coupled with unknown estate tax laws driven by the recent changes in government. You need someone who can help you address this uncertainty, rather than use a business-as-usual approach." Brad W.

Our Los Angeles Conservatorship attorney team can help you manage lives of disabled family members, including those with dementia and alzheimer's disease. We practice in all California Probate courts. LosAngelesConservatorship.net

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  CONSERVATORSHIP

Do you need a conservatorship attorney in California? In California, a Los Angeles conservatorship attorney who handles a conservatorship on behalf of the conservator or other family member sees some of the most emotionally charged elder conservatorship battles in the Los Angeles Superior court called the LA Court.  Conservatorship law in California allows for creation of a legal relationship where an adult (Conservator) is given the lawful authority and responsibility to care for another adult (Conservatee).   Our expert conservatorship lawyer in Los Angeles can help with the Los Angeles Conservatorship process in providing legal advice, filing or oppposing or objecting to a conservatorship petition in Los Angeles County. To find the best legal conservatorship solutions, contact our credentialed conservatorship counselors.  Call our Conservatorship lawyer in Los Angeles can assist you.  Our conservatorship attorney handles filing of conservatorship petitions and objections to conservatorship in Los Angeles.  We can answer your conservatorship questions.

Types of Conservatorships:

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 BECOME A CONSERVATOR OR FILE FOR A CONSERVATORSHIP IN CALIFORNIA?

A spouse, domestic partner, child, relative, friend, neighbor, the public guardian, and any  professional fiduciary can become a conservator in Los Angeles.

   "WHAT DO I NEED TO DO WHEN THERE IS A DISPUTE ABOUT WHO BECOMES A CONSERVATOR?"

You must act quickly if there is a conservatorship filed and you disagree with the appointment of the person who wants to become a conservator.  Waiting too long can eliminate your right to have a say in the conservatorship.

How to Contest a Conservatorship in California? You must file an objection and a competing conservatorship petition to cotest another person's petition for conservatorship.  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.   Estate planning can be a conservatorship alternative in many cases and we can show you how to avoid a conservatorship.

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

Conservatorships are time consuming and expensive. They should only be used when absolutely necessary.  If you would like to know the cost of conservatorships in California send us an email referencing: How much does a conservatorship cost in California?

Candidates for conservatorships are usually disabled.  Some conservatees may have Alzheimer's disease, dementia, parkinsons, brain injuries, mental retardation, alcoholism, substance abuse, autism, or other diseases.   Once a conservator 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.   Learn how to avoid a conservatorship and the benefits of estate planning by calling us.

GUARDIANSHIP v. CONSERVATORSHIP

LAWYERS PROTECTING THE RIGHTS OF FAMILY MEMBERS, ELDERLY AND DISABLED IN CONSERVATORSHIP CASES IN LOS ANGELES

Los Angeles Conservatorship proceedings and actions of conservators are court supervised.  Bond companies require that you use a conservatorship attorney when you file for a conservatorship.

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 prior permission for such a sale transaction, especially when it involves moving the Conservatee from his or her home.  Read more about How to Sell Real Property or Real Estate of Conservatorship Estate.

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.

Attorney Explains the 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.

A 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 pvp 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.

Ca Conservatorship can get complicated when there are disputes but can be fairly smooth, when itis uncontested.   Mina Sirkin is often appointed as a PVP attorney in conservatorship cases in Los Angeles County giving her the expertise in representing proposed conservatees in court in emergency and temporary conservatorships.

WHEN ARE POWER OF ATTORNEY DOCUMENTS INSUFFICIENT?

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.

Administration of psychotropic medications requires consent of the patient.  When the patient has a power of attorney, but is medication non-compliant, a power of attorney is not enough and cannot be used to administer psychotropic medication against the will of the patient.

A California Conservator of the estate must account to the court.  The first accounting is due one year from the date of Letters.  The next conservatorship accounting is due two years after, unless the court sets a different date for it.

Conservatorship cases in Los Angeles are considered highly emotionally charged, especially when it comes to Conservatorship litigation.  Many times, they are more emotional than even divorce cases.

A Power of Attorney cannot be used to make a will for someone, or to change his/her will.   It can be used to create a trust, but not a will.

INTERSECTION OF CONSERVATORSHIP AND DOMESTIC VIOLENCE

Sometimes, conservatorship cases for elderly or autistic adults start as domestic violence cases, because the disabled person loses the ability to manage their anger, and strikes a loved one.   If you are a spouse or a family member of a person who has resorted to domestic violence, it may be time to visit the circumstances and the mental functions of that person.   Contact Mina Sirkin to discuss conservatorship and domestic violance issues, and how to protect your family against domestic abuse where senior citizens and disabled are involved.

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.

SIRKINLAW.comŽ Expert Conservatorship Attorney Los Angeles;  Mina Sirkin is a Specialist attorney in Conservatorship cases in Los Angeles.

Do you have Conservatorship questions for our conservatorship lawyer?  We have attorneys with conservatorship answers suitable for your individual case. LosAngelesConservatorship.net:  Call us for a Free Conservatorship Consultation in Los Angeles County at 818-340-4479 for more information on conservatorship and contested conservatorship and conservatorship litigation matters.  Los Angeles Conservatorship, Los Angeles, Ca.

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