LITIGATION IN LOS ANGELES
Conservatorship Attorneys Lawyers
At Sirkin & Sirkin, our attorneys focus on
protecting the elderly and disabled in Conservatorship
litigation matters in Los Angeles, CA during family dispute or where
the elder has been subject of undue influence or fraud.
Conservatorship litigation can occur in many contexts.
Frequently, there are more than one conservatorship
petiton before the court as well as objections to a petition
for conservatorship. Suitability of a family member to act
Conservator is usually one of the factors in conservatorship
battles. Many of the litigated conservatorship cases result in
by the appointment of either
one of the petitioners or a professional fiduciary, as a conservator in
Los Angeles, Ca.
Los Angeles California
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 lawyers can assist
you with the conservatorship litigation process in Los Angeles County.
General Conservatorships in Los Angeles
County can be three
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.
We also handle conservatorship litigation
in limited conservatorship of developmentally disabled in Los Angeles
where divorced parents dispute the suitability of each other as
Who can file for a Conservatorship?
Generally, a spouse, any child, relative,
friend, the public
guardian, and professional fiduciaries all can file a petition for
conservatorship. Professional fiduciaries often come into
conservatorship litigation in Los Angeles and the court happily
appoints them to end the litigation.
A person who is authorized by law to file a
conservatorship can also file a competing
conservatorship petition asking for his or her appointment as a
conservator in the conservatorship, theeby requesting the Court finds
him/her most suitable as a conservator in place of the other persons
who petitioned for conservatorshpi. Each petitioner asks
that he or she becomes the
conservator, and the the court will decide who shall ultimately
become the conservator. Most of the
conservatorship of the estate cases are subject matter of litigation or
disputes. Preference rules exist for the appointment of
the conservator. Contested Conservatorship proceedings can take long
and frequently result in a trial.
Termination of a Conservatorship: Many
people ask us how to terminate a conservatorship. A case may be
terminated by a Petition for Termination submitted to the Court or by
death of the conservatee. A conservator generally continued until
court orders the
conservator relieved from his or her duties. When a
conservatee dies, there remain some tasks for the conservator which are
generally protective acts to preserve the assets or maintain the rights
the conservatee had in assets of other situations.
A conservator can petition to end the
conservatorship of the estate if there are no more assets left and
estate is depleted. A conservator of the person can petition to end the
conservatorship if the conservatee regains
his or her capacity. A conservator of either person or estate can
ask the court to allow for his or her own resignation if the
conservator becomes unable or unwilling
to act. In the last situation, the court will may allow a successor
conservator to be appointed. Sometimes the issue of
appointment of a successor conservatorship that results conservatorship
litigation in Los Angeles.
Conservatorships are generally time-consuming
should only be used when absolutely necessary.
for conservatorships are usually disabled. Some conservatees may
have Alzheimer's disease, dementia, Parkinsons, autism, brain injuries
disabiling diseases. Once a Conservators is appointed, the
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. Making a will or a trust for the conservatee is the
subject of a substituted judgment petition.
What is the job of a conservatorship
litigation attorney or lawyer?
job of a conservatorship litigation attorney is to protect the
interests of his or her own client in the conservatorship proceeding,
whether in Los Angeles or in other parts of the State of
California. A conservatorship litigation lawyer files
petitions and objections to other petitions in the conservatorship
case, promoting the view point of the client who may be a relative or
CONSERVATORSHIPS ARE OFTEN USED FOR THE
PROTECTION THE ELDERLY AND DISABLED
Dispute and undispute
Conservatorship proceedings in California and all actions of
conservators are court
is a notice of hearing and when is it required? Family
members to the second degree are given notice of the proceeding and
financial records of the
conservatee are summarized in an accounting filed with the court.
California Conservatorship law requires a notice of hearing when there
is a new conservator appointed and when the conservator seeks to take
certain types of actions.
a Conservatee needs psychiatric medications (also called psychotropic
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 and the capacity declartion signed by the
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. The sale
of the conservatee's home also requires a notice of heariing and a
CAC or court-appointed attorney is commonley appointed for the
Conservatee by the court. The role
of this type of court-appointed attorney is to advocate the wishes of
conservatee when there is conservatorshp litigation, or when rights of
are affected in Los Angeles. Other counties have different
procedures. Some counties such as Ventura County appoints the
Public Defender as the court-appointed attorney for the Conservatee.
Conservatorship proceedings usually start
when a person is so
incapacitated that he or she cannot manage his/her own affairs.
The first step in the conservatorship begins with filing a
conservatorship petition, then followed by a conservatorship
person who is the caretaker is called the Conservator, and the person
who is being taken care of is called the Conservatee.
A conservatorship process includes an
investigation by a court investigator
and a visit by the Court-Appointed Attorney (CAC). Many factors can
affect a conservatorship and whether it results in a conservatorship
dispute in Los Angeles. For
example, if the conservatee objects to the conservator's appointment,
he or she may object and the court will consider the contents of the
court-appointed attorney or even an oral objection by him or her.
A Temporary Conservatorship is one where an
emergency situation exists which requires a conservatorship and someone
to make immediate decisions for a disabled person to prevent
harm. A Temporary conservatorship litigation is also a
frequent event in Los Angeles.
Litigated Conservatorship Accountings: A
conservator of the estate is required to
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. The court-appointed attorney will often look into
the accounting's details and submit a report to the court.
ATTORNEY DOCUMENTS MAY RESULT IN CONSERVATORSHIP LITIGATION
about the validity of a power of attorney are generally about whether
or not the person who gives the power is competent or
suitable. Because power of attorney fraud is very common,
the judges in the Probate Court in Los Angeles often suspend or revoke
power of attorney documents of the elderly or disabled. A
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
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, transferring or conveying
marrying. For example, a patient with dementia or Alzheimer's disease
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.
One advantage of the conservatorship is that
it can safeguard
against fraud or undue influence by a third party against the ill or
person. Conservatorships can get costly when there is
litigation involved. Persons filing for conservatorship should
consider the costs of conservatorship litigation before filing.
of dementia and some other types of medications requires consent of the
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.
What does a Contested Conservatorship or
Litigation in Los Angeles involve?
Contested Conservatorship and conservatorship
involve any of the following situations:
1. Objections to the initial appointment of a
person as a conservator.
2. Removal of an existing Conservator for
Suspension of a power of attorney.
4. Actions requesting appointment of a
to which others object.
Disputes involving contested conservatorship accountings.
6. Determination of a undue influence on an
7. Objections to Proposed Actions by
substituted judgment actions and trusts.
8. Family mediations in determining the best
9. Requests to terminate a conservatorship or
in a conservatorship.
10. Determination of rights to assets and
disputes relating to
ownership and title.
11. Conservatorship trials.
Call us for a Free Conservatorship
Consultation regarding Conservatorship Litigation in
Los Angeles at 818-340-4479. For more information
conservatorship and contested conservatorships and conservatorship
litigation matters, call 818.340.4479. Los Angeles
Conservatorship Litigation Attorneys at Sirkin Law Group.
21550 Oxnard Street, Third Floor
Woodland Hills, CA 91367
Phone: 818. 340. 4479
Fax: 818. 340. 7952
North Brand Blvd., Suite
Glendale, CA 91203
Blvd., Suite 200
Los Angeles, CA 90064
Blvd., Suite 500
Irvine, CA 92715
6601 Center Drive West, Suite 500
Los Angeles, CA 90045
445 N. Figueroa St., Suite 2600
Los Angeles, CA 90071
225 South Lake
Ave., Suite 300
Pasadena, CA 91101
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