Sirkin Law Group, P.C.




  Woodland Hills Elder Law Litigation


Elder Law Attorney Woodland Hills & Los Angeles Substituted Judgment Petition Attorney



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Mina Sirkin

  Woodland Hills Elder Law

Mina Sirkin, Woodland Hills Elder Law and Estate Litigation Law Attorney
Board Certified Specialist in Estate Planning, Trusts and Probate Law

   Trust Litigation Los Angeles

   Probate Litigation Los Angeles

   Conservatorship Attorney Los Angeles

   Living Trust Attorney Los Angeles


Many clients often ask us regarding a substituted judgment petition in Woodland Hills and Los Angeles, and whether they have a right to file or object to a substituted judgment petition in a conservatorship case. 

What is a Substituted Judgment Petition in Conservatorship Cases in Los Angeles?

A substituted judgment petition in Los Angeles is used to ask the court to order the conservator to take certain types of actions, which many times include making a will, or a trust, funding a trust, or making gifts on behalf of the Conservatee, as well as other types of actions.

Who can file a Substituted Judgment Petition?

A conservator or other interested person may file a petition for an order of the court requiring the conservator to take a proposed action.

An interested person is usually a family member, a spouse, or domestic partner, but can be any person who is affected by the decision.

What types of requests or actions can be considered in a Substituted Judgment Petition?

Any action benefiting the conservatee or the estate.

Gifts: Providing gifts for any purposes, and to any charities, relatives (including the other spouse or domestic partner), friends, or other objects of bounty, as would be likely beneficiaries of gifts from the conservatee.  For example, an action, which would minimize current or prospective taxes or expenses of administration of the conservatorship estate or of the estate upon the death of the conservate.

While the actions are not limited, here are some of the common actions and requests in substituted judgment petitions:
•    Making a gift of principal or income, or both, of the estate, outright or in trust.
•    Transferring, conveying or releasing the conservatee’s contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety.
•    Exercising or releasing the disabled person’s powers as donee of a power of appointment.
•    Entering into specific types of contracts.
•    Creating a revocable or irrevocable trust.
•    Transferring assets to a trust created by the conservator or conservatee.
•    Exercising options in securities.
•    Change beneficiaries or ownership, to assign rights, to borrow, or to receive cash value in return for a surrender of rights under insurances, annuities, mutual funds, retirement accounts, and pensions.
•    Exercise the rights of the conservatee in someone else’s will or estate.
•    Exercising disclaimers.
•    Revoking or modifying a revocable trust or giving up the right to revoke or modify a revocable trust, unless the trust provides restrictions on this as to a conservator.
•    Making elections referred to in Section 13502 or an election and agreement referred to in Section 13503.
•    Making a will or Trust.
•    Making or revoking a revocable transfer on death deed.

What can prevent the Court from issuing a Substituted Judgment Petition under Ca Probate Code 2582?

If the Court will not grant the substituted judgment petition if:

1.    The Conservatee is opposed to the Petition;
2.    The Conservatee has capacity to oppose the proposed action;
3.    The proposed action will have an adverse effect on the estate; or
4.    If the action is taken, what remains of the estate will not be sufficient to support the needs of the conservatee, or those he/she has to legally support.

What types of things does the court take into consideration in evaluating substituted judgment petitions?

All relevant facts and circumstances are taken into consideration in substituted judgment petitioner, but some are more important than others, such as the following:

•    Whether or not the conservatee has legal capacity for the proposed transaction;
•    The probability of the conservatee’s recovery of legal capacity;
•    Past donative intentions, practices, and conduct of the conservatee;
•    The character traits of the conservatee.
•    Closeness and relationship and intimacy of the prospective recipients, with the conservatee, their standards of living,
•    Whether or not they would be natural objects of the conservatee’s bounty by any objective test based on such relationship, intimacy, and standards of living.
•    The wishes of the conservatee.
•    Prior estate plans of Conservatee;
•    What is likely happen after the Conservatee’s death;
•    The value, liquidity and other factors in the estate.
•    The impact of minimization of current or prospective income, estate, inheritance, or other taxes or expenses of administration.
•    What motivated the proposed action in the substituted judgment petition;
•    What is the likelihood that Conservatee would have taken this action, if he/she had capacity.
•    Indicators of abuse by others.

Mina N. Sirkin is an substituted judgment attorney at the Law Offices of Sirkin and Sirkin, and practices Elder law in Woodland Hills, and Probate Conservatorship in Woodland Hills and Los Angeles County.  We help families of people with advance elder law planning needs in Woodland Hills to reach their goals. To reach our elder law and trust attorneys by telephone, please call 818.340.4479 or email us at


Main Office:

21550 Oxnard Street, Third Floor
Woodland Hills, CA 91367
Phone:  818. 340. 4479
Fax:      818. 340. 7952

West Los Angeles
11400 Olympic Blvd., Suite 200
Los Angeles, CA 90064
Tel: 800-300-9977


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Irvine, CA 92715
Tel: 800-300-9977   


LAX area
6601 Center Drive West, Suite 500
Los Angeles, CA 90045
Tel: 800-300-9977   

Downtown Los Angeles
445 N. Figueroa St., Suite 2600
Los Angeles, CA 90071
Tel: 800-300-9977

450 North Brand Blvd., Suite 600
Glendale, CA 91203
Tel: 800-300-9977


225 South Lake Ave., Suite 300
Pasadena, CA 91101
Tel: 800-300-9977


If you would like to get more information regarding filing or objecting to a Substituted Judgment Petition in Los Angeles or Woodland Hills, California, call us at 818.340.4479, or click here


The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.

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