Call California Conservatorship Attorney Los Angeles for a free consultation about Conservatorship and Alzheimer's Law in California.  We specialize in elderly conservatorship and protection in Los Angeles.

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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 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 alezheimers disease. We practice in all California Probate courts.

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Los Angeles Attorney Conservatorship

CONSERVATORSHIP ATTORNEY LOS ANGELES CALIFORNIA
Los Angeles Conservatorship and Conservatorship Litigation Attorneys, Attorney

Los Angeles Conservatorship Attorney - Alzheimer's Disease Elder Law

A Conservatorship in California is a method of protecting an elderly person or disabled person who needs help and sometimes has Alzheimer's disease, dementia or other disabilities that require management of medication or financial assets.  The person who needs care is called the Conservatee.  The person who takes care of the disabled person is called a Conservator.  Our Los Angeles Conservatorship lawyers can assist conservators and family members with the conservatorship process in Los Angeles County.    Our elderly clients have conservatorship rights which must be protected by the Court.  Ask us about elderly conservatorship rights in Los Angeles.

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 Conservatorships (also called a Limited Conservatorship in California).

Once someone is under a probate conservatorship, if that person needs a mental health evaluation by the Department of Mental Health, we can obtain a court order to have a mental examination under the Probate Code and the Welfare and Institutions Code.   The Welfare and Institutions Code requires that LPS or Mental Health Conservatorships be brought by the Public Guardian or a Psychiatrist.  The Probate Code allows individuals to file Probate Conservatorships in California for their loved ones.

Who can file for a Conservatorship?

Generally, a spouse, a domestic partner, a child, any relative, a friend, the public guardian, and professional fiduciaries can file a petition for appointment of a probate conservator.  There is an order of priority under Probate Code Section 1810 -1813 that governs who gets priority in appointment as a conservator.

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 a long time and may result in a trial, and can be quite expensive.

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.

A Conservatee can object to the appointment of a Conservator, as can other interested persons.

Conservatorships are time-consuming and expensive. They should only be used when absolutely necessary.  In most cases, we can avoid conservatorships with proper estate planning and elder law tools.

People who qualify for conservatorships are usually disabled, or elderly.  Someone who has the ability to understand that he or she needs a Conservator may ask for a voluntary conservatorship.   Some conservatees may have Alzheimer's disease, dementia, Parkinson's, autism, brain injuries, cerebral palsy, 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 the property of the Conservatee.

PROTECTING THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP

Conservatorship proceedings and actions of conservators are subject to court supervision.  

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 capacity 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.   As a practical matter, once dementia medication authority is received, the Conservator can engage in arranging that the medication be given to the elder, in food or by other means.

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 CAC - 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 needs care of is called the conservatee.

A conservatorship proceeding or process begins with a petition (called a Petition for Appointment of Conservator) filed with the probate court (sometimes referred to as the conservatorship court in California), 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 appointment of a  conservator, he or she may object verbally and the court will assign counsel for the conservatee for that purpose.

A conservator of the estate must do an inventory and 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 probate court will require that the California conservator of the estate to post a bond.   The bond is to protect the assets of the conservatee in the event of wrongdoing by the conservator.  The position of a conservator is paid position, and the payment is by the conservatee's estate with a court order.  The court supervises the reasonableness of the payments to the conservator.

WHEN ARE POWER OF ATTORNEY DOCUMENTS INSUFFICIENT?

People who obtain power of attorney documents from others often make mistakes.  Sometimes those mistakes are grave and result in losses to the principal of the 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 a conservatorship should consider the costs before filing.

Administration of psychotropic medications requires the 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 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.

What is a Contested Conservatorship or Conservatorship Litigation matter?

A 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 the appointment of a successor conservator to which others object.

4. Disputes involving contested conservatorship accountings.

5. Determination of 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.

Call California Conservatorship Attorney Los Angeles at 818-340-4479 for more information on conservatorship and contested conservatorship and conservatorship litigation matters.  Los Angeles Conservatorship Attorneys.

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