What can a conservator do for a conservatee?

A conservator is a person who is appointed by the court. Therefore, the actions that the conservator may take are subject to court approval and court supervision. The type of power given to the conservator depends of whether the conservatorship is for the person or if it is a conservatorship of the estate.

The conservator of the person has the following rights:

(a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. This control shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by court order. The court may issue an order that specifically grants the conservator the power to enforce the conservatee’s rights to receive visitors, telephone calls, and personal mail, or that directs the conservator to allow those visitors, telephone calls, and personal mail.

(b) Where the court determines that it is appropriate in the circumstances of the particular conservatee, the court, in its discretion, may limit the powers and duties that the conservator would otherwise have under subdivision (a) by an order stating either of the following:

(1) The specific powers that the conservator does not have with respect to the conservatee’s person and reserving the powers so specified to the conservatee.

(2) The specific powers and duties the conservator has with respect to the conservatee’s person and reserving to the conservatee all other rights with respect to the conservatee’s person that the conservator otherwise would have under subdivision (a).

(c) An order under this section (1) may be included in the order appointing a conservator of the person or (2) may be made, modified, or revoked upon a petition subsequently filed, notice of the hearing on the petition having been given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.

(d) The guardian or conservator, in exercising his or her powers, may not hire or refer any business to an entity in which he or she has a financial interest except upon authorization of the court. Prior to authorization from the court, the guardian or conservator shall disclose to the court in writing his or her financial interest in the entity. For the purposes of this subdivision, “financial interest” shall mean (1) an ownership interest in a sole proprietorship, a partnership, or a closely held corporation, or (2) an ownership interest of greater than 1 percent of the outstanding shares in a publicly traded corporation, or (3) being an officer or a director of a corporation. This subdivision shall apply only to conservators and guardians required to register with the Statewide Registry under Chapter 13 (commencing with Section 2850).

The right to make medical decisions for the conservatee depends on whether the court has found the conservatee to lack capacity to make medical decisions.

The conservator of the estate has the following rights:

(a) Unless this article specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this article may be exercised or performed by the guardian or conservator without court authorization, instruction, approval, or confirmation. Nothing in this subdivision precludes the guardian or conservator from seeking court authorization, instructions, approval, or confirmation pursuant to Section 2403.

(b) Upon petition of the ward or conservatee, a creditor, or any other interested person, or upon the court’s own motion, the court may limit the authority of the guardian or conservator under subdivision (a) as to a particular power or duty or as to particular powers or duties. Notice of the hearing on a petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.

(Enacted by Stats. 1990, Ch. 79.)

2451.

The guardian or conservator may collect debts and benefits due to the ward or conservatee and the estate.

(Enacted by Stats. 1990, Ch. 79.)

2451.5.

The guardian or conservator may do any of the following:

(a) Contract for the guardianship or conservatorship, perform outstanding contracts, and, thereby, bind the estate.

(b) Purchase tangible personal property.

(c) Subject to the provisions of Chapter 8 (commencing with Section 2640), employ an attorney to advise and represent the guardian or conservator in all matters, including the conservatorship proceeding and all other actions or proceedings.

(d) Employ and pay the expense of accountants, investment advisers, agents, depositaries, and employees.

(e) Operate for a period of 45 days after the issuance of the letters of guardianship or conservatorship, at the risk of the estate, a business, farm, or enterprise constituting an asset of the estate.

(Added by Stats. 2007, Ch. 553, Sec. 16. Effective January 1, 2008.)

2452.

(a) The guardian or conservator may endorse and cash or deposit any checks, warrants, or drafts payable to the ward or conservatee which constitute property of the estate.

(b) If it appears likely that the estate will satisfy the conditions of subdivision (b) of Section 2628, the court may order that the guardian or conservator be the designated payee for public assistance payments received pursuant to Part 3 (commencing with Section 11000) or Part 4 (commencing with Section 16000) of Division 9 of the Welfare and Institutions Code.

(Enacted by Stats. 1990, Ch. 79.)

2453.

The guardian or conservator may deposit money belonging to the estate in an insured account in a financial institution in this state. Unless otherwise provided by court order, the money deposited under this section may be withdrawn without order of court.

(Enacted by Stats. 1990, Ch. 79.)

2453.5.

(a) Subject to subdivision (b), where a trust company is a guardian or conservator and in the exercise of reasonable judgment deposits money of the estate in an account in any department of the corporation or association of which it is a part, it is chargeable with interest thereon at the rate of interest prevailing among banks of the locality on such deposits.

(b) Where it is to the advantage of the estate, the amount of cash that is reasonably necessary for orderly administration of the estate may be deposited in a checking account that does not bear interest which is maintained in a department of the corporation or association of which the trust company is a party.

(Enacted by Stats. 1990, Ch. 79.)

2454.

The guardian or conservator may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the personal property may be withdrawn without order of court.

(Enacted by Stats. 1990, Ch. 79.)

2455.

(a) A trust company serving as guardian or conservator may deposit securities that constitute all or part of the estate in a securities depository as provided in Section 775 of the Financial Code.

(b) If the securities have been deposited with a trust company pursuant to Section 2328 or Section 2454, the trust company may deposit the securities in a securities depository as provided in Section 775 of the Financial Code.

(c) The securities depository may hold securities deposited with it in the manner authorized by Section 775 of the Financial Code.

(Enacted by Stats. 1990, Ch. 79.)

2456.

(a) Upon application of the guardian or conservator, the court may, with or without notice, order that money or other personal property be deposited pursuant to Section 2453 or 2454, and be subject to withdrawal only upon authorization of the court.

(b) The guardian or conservator shall deliver a copy of the court order to the financial institution or trust company at the time the deposit is made.

(c) No financial institution or trust company accepting a deposit pursuant to Section 2453 or 2454 is on notice of the existence of an order that the money or other property is subject to withdrawal only upon authorization of the court unless it has actual notice of the order.

(Enacted by Stats. 1990, Ch. 79.)

2457.

The guardian or conservator may maintain in good condition and repair the home or other dwelling of either or both of the following:

(a) The ward or conservatee.

(b) The persons legally entitled to such maintenance and repair from the ward or conservatee.

(Enacted by Stats. 1990, Ch. 79.)

2458.

With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other property held in the estate, a guardian or conservator may do any one or more of the following:

(a) Vote in person, and give proxies to exercise, any voting rights with respect to the share, membership, or other property.

(b) Waive notice of a meeting or give consent to the holding of a meeting.

(c) Authorize, ratify, approve, or confirm any action which could be taken by shareholders, members, or property owners.

(Enacted by Stats. 1990, Ch. 79.)

2459.

(a) The guardian or conservator may obtain, continue, renew, modify, terminate, or otherwise deal in any of the following for the purpose of providing protection to the ward or conservatee or a person legally entitled to support from the ward or conservatee:

(1) Medical, hospital, and other health care policies, plans, or benefits.

(2) Disability policies, plans, or benefits.

(b) The conservator may continue in force any of the following in which the conservatee, or a person legally entitled to support, maintenance, or education from the conservatee, has or will have an interest:

(1) Life insurance policies, plans, or benefits.

(2) Annuity policies, plans, or benefits.

(3) Mutual fund and other dividend reinvestment plans.

(4) Retirement, profit-sharing, and employee welfare plans or benefits.

(c) The right to elect benefit or payment options, to terminate, to change beneficiaries or ownership, to assign rights, to borrow, or to receive cash value in return for a surrender of rights, or to take similar actions under any of the policies, plans, or benefits described in subdivision (b) may be exercised by the conservator only after authorization or direction by order of the court, except as permitted in Section 2544.5. To obtain such an order, the conservator or other interested person shall petition under Article 10 (commencing with Section 2580).

(d) Notwithstanding subdivision (c), unless the court otherwise orders, the conservator without authorization of the court may borrow on the loan value of an insurance policy to pay the current premiums to keep the policy in force if the conservatee followed that practice prior to the establishment of the conservatorship.

(e) The guardian may give the consent provided in Section 10112 of the Insurance Code without authorization of the court, but the guardian may use funds of the guardianship estate to effect or maintain in force a contract entered into by the ward under Section 10112 of the Insurance Code only after authorization by order of the court. To obtain such an order, the guardian, the ward, or any other interested person shall file a petition showing that it is in the best interest of the ward or of the guardianship estate to do so. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.

(f) Nothing in this section limits the power of the guardian or conservator to make investments as otherwise authorized by this division.

(Amended by Stats. 1996, Ch. 86, Sec. 1. Effective January 1, 1997.)

2460.

The guardian or conservator may insure:

(a) Property of the estate against loss or damage.

(b) The ward or conservatee, the guardian or conservator, and all or any part of the estate against liability to third persons.

(Enacted by Stats. 1990, Ch. 79.)

2461.

(a) The guardian or conservator may prepare, execute, and file tax returns for the ward or conservatee and for the estate and may exercise options and elections and claim exemptions for the ward or conservatee and for the estate under the applicable tax laws.

(b) Notwithstanding Section 2502, the guardian or conservator may pay, contest, and compromise taxes, penalties, and assessments upon the property of the estate and income and other taxes payable or claimed to be payable by the ward or conservatee or the estate.

(Enacted by Stats. 1990, Ch. 79.)

2462.

Subject to Section 2463, unless another person is appointed for that purpose, the guardian or conservator may:

(a) Commence and maintain actions and proceedings for the benefit of the ward or conservatee or the estate.

(b) Defend actions and proceedings against the ward or conservatee, the guardian or conservator, or the estate.

(c) File a petition commencing a case under Title 11 of the United States Code (Bankruptcy) on behalf of the ward or conservatee.

(Enacted by Stats. 1990, Ch. 79.)

2463.

(a) The guardian or conservator may bring an action against the other cotenants for partition of any property in which the ward or conservatee has an undivided interest if the court has first made an order authorizing the guardian or conservator to do so. The court may make such an order ex parte on a petition filed by the guardian or conservator.

(b) The guardian or conservator may consent and agree, without an action, to a partition of the property and to the part to be set off to the estate, and may execute deeds or conveyances to the owners of the remaining interests of the parts to which they may be respectively entitled, if the court has made an order under Article 5 (commencing with Section 2500) authorizing the guardian or conservator to do so.

(c) If the ward or conservatee, or the guardian or conservator as such, is made a defendant in a partition action, the guardian or conservator may defend the action without authorization of the court.

(Enacted by Stats. 1990, Ch. 79.)

2464.

(a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust, the guardian or conservator may, after authorization by order of the court and upon such terms and conditions as may be imposed by the court, accept a deed conveying the property to the ward or conservatee.

(b) To obtain an order under this section, the guardian or conservator shall file a petition showing the advantage to the estate of accepting the deed. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.

(c) The court shall make an order under this section only if the advantage to the estate of accepting the deed is shown by clear and convincing evidence.

(Enacted by Stats. 1990, Ch. 79.)

2465.

The guardian or conservator may dispose of or abandon valueless property.

(Enacted by Stats. 1990, Ch. 79.)

2466.

The guardian or conservator may advance the guardian’s or conservator’s own funds for the benefit of the ward or conservatee or the estate and may reimburse the advance out of the income and principal of the estate first available. With court authorization or approval, interest on the amount advanced may be allowed at the legal rate payable on judgments.

(Enacted by Stats. 1990, Ch. 79.)

2467.

(a) The guardian or conservator continues to have the duty of custody and conservation of the estate after the death of the ward or conservatee pending the delivery thereof to the personal representative of the ward’s or conservatee’s estate or other disposition according to law.

(b) The guardian or conservator has such powers as are granted to a guardian or conservator under this division as are necessary for the performance of the duty imposed by subdivision (a).

(Enacted by Stats. 1990, Ch. 79.)

2468.

(a) The conservator of the estate of a disabled attorney who was engaged in the practice of law at the time of his or her disability, or other person interested in the estate, may bring a petition seeking the appointment of an active member of the State Bar of California to take control of the files and assets of the practice of the disabled member.

(b) The petition may be filed and heard on such notice that the court determines is in the best interests of the persons interested in the estate of the disabled member. If the petition alleges that the immediate appointment of a practice administrator is required to safeguard the interests of the estate, the court may dispense with notice provided that the conservator is the petitioner or has joined in the petition or has otherwise waived notice of hearing on the petition.

(c) The petition shall indicate the powers sought for the practice administrator from the list of powers set forth in Section 6185 of the Business and Professions Code. These powers shall be specifically listed in the order appointing the practice administrator.

(d) The petition shall allege the value of the assets that are to come under the control of the practice administrator, including but not limited by the amount of funds in all accounts used by the disabled member. The court shall require the filing of a surety bond in the amount of the value of the personal property to be filed with the court by the practice administrator. No action may be taken by the practice administrator unless a bond has been duly filed with the court.

(e) The practice administrator shall not be the attorney representing the conservator.

(f) The court shall appoint the attorney nominated by the disabled member in a writing, including but not limited to the disabled member’s will, unless the court concludes that the appointment of the nominated person would be contrary to the best interests of the estate or would create a conflict of interest with any of the clients of the disabled member.

(g) The practice administrator shall be compensated only upon order of the court making the appointment for his or her reasonable and necessary services. The law practice shall be the source of the compensation for the practice administrator unless the assets are insufficient, in which case, the compensation of the practice administrator shall be charged against the assets of the estate as a cost of administration. The practice administrator shall also be entitled to reimbursement of his or her costs.

(h) Upon conclusion of the services of the practice administrator, the practice administrator shall render an accounting and petition for its approval by the superior court making the appointment. Upon settlement of the accounting, the practice administrator shall be discharged and the surety on his or her bond exonerated.

(i) If the court appointing the practice administrator determines upon petition that the disabled attorney has recovered his or her capacity to resume his or her law practice, the appointment of a practice administrator shall forthwith terminate and the disabled attorney shall be restored to his or her practice.

(j) For purposes of this section, the person appointed to take control of the practice of the disabled member shall be referred to as the “practice administrator” and the conservatee shall be referred to as the “disabled member.”

(Added by Stats. 1998, Ch. 682, Sec. 4. Effective January 1, 1999.)

At times, residents of Tarzana and Reseda may wonder if the conservator has the right to move the conservatee (disabled person) out of their home. The answer is that the conservatee cannot be moved from their home without a court hearing and the court authorizing the move. The conservatee can be temporarily housed in another location pending a court hearing.

These are the factors that the court may consider when determining if the conservatee can be permanently moved from his or her home:

  1. A doctor has ordered 24/7 care in a facility, such as a skilled nursing facility.
  2. 24/7 care is ordered but, the conservatee cannot afford in-home care based on the 24/7 need.
  3. The condition of the home is so that the conservatee should not live in it.
  4. The health and well-being of the conservatee is in danger if he or she continues to live in the home. There are times when there is mold in the home, or another health hazard which the court will consider as a reason for the move.
  5. A better housing alternative is available for the conservatee.

If you need assistance with a conservatorship for a Tarzana or Reseda resident, or if you need help from an attorney near Tarzana or Reseda, contact Mina Sirkin at 818.340.4479 or Info@SirkinLaw.com

#tarzana #reseda #conservatorship

Conservatorship Attorney Los Angeles

CONSERVATORSHIPS ATTORNEY LOS ANGELES

An attorney at law obtains a Los Angeles California Conservatorship court order when you need to manage a person’s life, assets and finances and get conservatorship letters from the court.  Conservatorships are Los Angeles court ‘s version of a supervised power of attorney with some additional protections in place in Los Angeles County.   “When you think of  conservatorships in California, think of the process as life supervision over another person.”

Two Quick Questions to answer to determine if you should call a conservatorship attorney in Los Angeles Ca:

Do you have a family member or a friend who is losing competency or has lost capacity and who needs help or protection for his personal or medical care?   Has your friend or family member been subject to fraud, or are people trying to take advantage of him or her by influence?  Conservatorships require a competency declaration from an expert, usually a medical doctor which has to be presented to the court.

If the answer is yes to any of the above conservatorship qualifying questions, a knowledgeable conservatorship attorney at our law office in Los Angeles can help you determine if a conservatorship is in the best suited for your love one, or conservatorship services with assist you to protect your loved one’s person and estate.

Focusing on What type of Conservatorship is Needed

With a Limited Conservatorship, many of the rights of the person are kept.  However, when a general conservatorship, sometimes called a permanent conservatorship is put in place, in order for the court to protect the disabled person, the court can take away the powers of the proposed conservatee, to essentially protect him from himself.  These can mean that the conservatee can lose the ability to write checks, pay bills, and make other financial decisions.   In that same proceeding, the Conservator (supervisor) is given the rights to pay bills, write checks, make investments, and other Conservator duties and powers.  

What document do I need to manage the financial affairs of my aging parent, and how does a conservatorship work?

If your parent did not put a plan in place to manage his or her estate, or sign a valid durable power of attorney when he or she was well, then you will need togo the route of a conservatorship.

When a power of attorney does not exist, cannot be obtained, or is in valid, in a California Conservatorship, we obtain a court order and letters from the court for our client that names the client as the conservator or decision maker.  When your conservatorship lawyer tells you that you are appointed as the conservator, you will be given court papers and documents called Letters of Conservatorship.  This is a court form and the document which gives the conservator the right and duty to act for someone else.  With Letters of Conservatorship, you as a conservator of the estate, can pay bills and collect the income and assets of the disabled loved one. 

Possession of a Car by a Disabled Person and Driving issues in Conservatorships in Los Angeles

If you are concernced about your parent or relative driving a car, the court can put in place that the conservatee shall not be in direct possession of his or her automobile, and a doctor can certify that the conservatee is not fit to drive.   When you use the conservatorship attorney at Sirkin Law Group, our attorneys can help you determine what is in the best interest of your family member and put conservatorship protections in place, if your parent or loved one poses a risk to himself or herself in driving.

Do I have choices or any alternatives to a conservatorship in California?

Options and alternatives to conservatorships are the first course of an effective and free conservatorship evaluation during our consultation.  Our lawyers go through the conservatorship alternatives and help you find the most suitable way of helping your parent in Los Angeles.   As part of our due diligence in conservatorships, we evaluate the least costly possible avenues and the least restrictive means first to comply with the standard of care in consrvatorships.

There are may choices to explore and our investigating attorney evaluates the cost-expense ratios, pros and cons of conservatorship, as well as suitable other ways to manage the estate and personal affairs of the person, before we petition for conservatorship in California.    If we do determine that the conservatorship is the best way to protect your family member, then we have decide if a conservators of person or conservatorship of the estate, or both are needed.

Get a Complimentary Conservatorship Evaluation at our Free Consultation

When you call our conservtorship lawyer, you will get a free consultation for conservatorships.  Call 818.340.4479 to arrange the best time for you.

Do you need advice from an expert and experienced conservatorship attorney who is knowledgeable about Los Angeles Conservatorship?  A California conservatorship advisor who handles a conservatorship on behalf of the conservator or a family member sees some of the most emotional financial elder abuse and conservatorship lawsuits in the Los Angeles Superior court called the Probate Court. 

Many years ago, Conservatorships were called guardianships in California.   Now, the difference between a conservatorship and a guardianship is just the age of the incompetent, affected or disabled person.  California law allows for the creation of a legal conservatorship when someone lacks capacity, becomes incompetent, or when he or she needs protection, either in the health or personal area of life, or when finances are a concern.  There are voluntary conservatorships and involuntary conservatorships in California. More commonly, securing an elder’s finances and asset protection is the focus of most conservatorships in Los Angeles.

The caretaker adult (called a “Conservator”) is given the lawful authority and responsibility to care for another adult (called a “Conservatee”).   What powers or responsibilities are appropriate for a conservator?  Our expert conservatorship lawyer in Los Angeles can help with the you get powers in a conservatorship and give you guidance about duties of a conservator. 

If you have a parent or relative who has become a conservator, but who is not doing a good job and needs to be removed as a conservator, call us.

What we do: 

As leading consevatorship attorneys in Los Angeles County, we file conservatorship petitions, file objections to conservatorships, or file oppositions when needed, and handle competing conservatorships in Los Angeles. We have administered millions of dollars in conservatorship assets over the course of our career of over 26 years.

How do you go about getting a conservatorship?

To get a conservatorship, you must present the conservatorship court judge with relevant information about the disabled person. To find the best legal care in Los Angeles conservatorship, contact our experts in conservatorship.  Call our Sirkin Law Conservatorship lawyers in Los Angeles can assist you to obtain conservatorship powers and authority over your family members or friends in need of help. 

We handle all conservatorship matters from start to finish, and prepare your Report and Conservatorship Accounting Petition for the court.  Some firms handle only conservatorship administration, and some handle conservatorship litigation.  Our attorneys handle both Conservatorship administration and Conservatorship litigation in California. 

Our conservatorship attorney and paralegals handle filing of conservatorship petitions and objections to conservatorship in Los Angeles.  We can answer your conservatorship questions and have the answers you are seeking.  Look to us for help.

Types of Conservatorship Available Under California Law:

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 Conservatorship (also known as a Limited Conservatorship).

Read the most common conservatorship questions and answers here.

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 of person and estate in Los Angeles.

WHAT DO I NEED TO DO WHEN THERE IS A CONSERVATORSHIP 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.   Judges set deadlines for filing of objections in conservatorship cases.  If you miss that deadline, you will waive your rights to object.

How to Get Conservatorships in Los Angeles California?

We first collect the relevant data and facts regarding the disabled person.  We meet with you, represent you or a person nominated by you, prepare a petition for appointment of a conservator of person or estate of your loved one.   Complete our conservatorship intake form and return it to us by email.  We can then get your case evaluated very quickly.

How to Contest a Conservatorship in California?

You must file an objection and a competing conservatorship petition to contest 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.  Estate Planning can sometimes avoid a conservatorship.  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 preplanning and calling us.

GUARDIANSHIP v. CONSERVATORSHIPS

Conservatorships are similar to Guardianships.  Conservatorships are protective court procedures for adults in California.  Guardianships protect minors in California. 

Our conservatorship law firm can help represent you in court to have a conservator appointed or in the contest of appointment of a conservator in Conservatorship Court in Los Angeles.

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 dementia or 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 Court Appointed Attorney (CAC) 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.  Mina Sirkin has been appointed as a Court Appointed Attorney – (formerly called Probate Volunteer Panel member) since 1992.   She has handled hundreds of conservatorship trials and thousands of conservatorships since then.

Conservatorship Attorney Is an Advisor About the California Conservatorship Law and Process, and Who Helps you Protect your Elder Parent or Family Members. Selecting a trusted conservator protects your parent and your disabled loved ones.

Conservatorship proceedings usually start when a person is so incapacitated that he or she cannot manage his/her own affairs.  A conservator arranges housing, food, medication, plans a budget, arranges doctor’s appointments, obtains legal documents, and generally protects the conservatee.

A conservatorship proceeding begins with a conservatorship 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.

California Conservatorship (also called conservatorships) can get complicated when there are disputes about the conservatorship but can be fairly smooth when they are uncontested.   Mina Sirkin’s experience is in Los Angeles County Conservatorship, giving her the advantage in that court and expertise in representing conservators and individuals in court in emergency and temporary conservatorships.

Family problems are common in conservatorship cases when a parent becomes incompetent. Conservatorship disputes are called contested conservatorships or conservatorship contests. They can get resolved in mediation, by stipulation or at a trial. 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 trial.  Call our conservatorship trial attorney.

SIRKINLAW.com® Expert Conservatorship Attorney Los Angeles;  Mina Sirkin is a Specialist conservatorship attorney handling complex Conservatorship cases in Los Angeles.

For all Conservatorships in Los Angeles, call our attorney, Mina Sirkin. Do you have Conservatorship questions for our conservatorship lawyer or attorney?  We have attorneys with conservatorship answers suitable for your individual case when you are looking to become a conservator or objecting to a conservator. LosAngelesConservatorship.net:  Call us for a Free Conservatorship Consultation in Los Angeles County at 818-340-4479 for more information on litigated conservatorship and contested conservatorship and including conservatorship admiinstration matters.  Los Angeles Conservatorship, Los Angeles, Ca.

LOS ANGELES CONSERVATORSHIP OFFICE LOCATIONS

E-Mail: info@SirkinLaw.com

Call: 818.340.4479 or 800.300.9977

Los Angeles Conservatorship, Conservatorship Attorney, #Conservatorship #Attorney #LosAngeles

When is the right time to switch or change a trustee?

On occasion, our probate attorney may receive a call from a client asking if a trustee can be changed or removed in Los Angeles. Here are some of the factors that we evaluate before we change or remove a trustee.

California Probate Code 15642  

“(a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on the petition of a settlor, cotrustee, or beneficiary under Section 17200.

(b) The grounds for removal of a trustee by the court include the following:

Is the change for good cause? Your first question should be whether or not the grounds for removal or change of a trustee exist. California Probate Code provides the following grounds for a change or removal of a trustee and you must answer the following questions first:

  1. Has the trustee has committed a breach of the trust?
  2. Is the trustee insolvent or otherwise unfit to administer the trust?
  3. Is there hostility or lack of cooperation among co-trustees which impairs the administration of the trust?
  4. Has the trustee failed to act or declined to act?
  5. Is the trustee’s compensation excessive?
  6. Is the sole trustee a disqualified person under PC 21350?
  7. Is the trustee is substantially unable to resist fraud or undue influence? When the trustee holds the power to revoke the trust, substantial inability to resist fraud or undue influence may not be proved solely by isolated incidents of negligence or improvidence.
  8. For other good cause.

What does the trust say about removal of the trustee or a change to a different trustee?

It is very important to determine what the trust says about removal and replacement of the trustee. The trust may have specified reasons and methods for changing or removal of the trustee.

Is the prior named trustee incapacitated?

If the named trustee is unable to manage the assets of the trust, the issue of switching the trustee can be explored. Note that the law states that occasional or isolated negligence is not the standard for the removal.

Does the named trustee refuse to act?

What evidence do you have to show that the trustee has refused to act? This information comes in by testimony of individuals or by documentary evidence.

What remedies are available, if you cannot change the trustee?

If the removal or switching the trustee is too risky, you may want to explore a petition for instructions as a means to get the court to order the trustee to act in a particular way.

There are times when the court is not inclined to change the trustee, but may suspend the trustee for a temporary period and appoint a professional fiduciary to act as a temporary trustee or trustee ad litem pending a litigation between to other parties. Talk to us about how to appoint a private trustee in Los Aneles

What are the risks in changing or removing the existing trustee?

If you attempt to remove a trustee without good cause, you will not only incur your own attorney’s fees, but you may end up paying the attorney’s fees of the other side.

Call Mina Sirkin, trust attorney in Los Angeles to determine your rights to switch a trustee. Call 818.340.4479 . #90064

Trustee Removal Attorneys in Los Angeles, CA 90064

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How to evaluate the performance of your Los Angeles Executor?

Clients often ask probate attorneys how to evaluate the performance of their executor in a Los Angeles Probate case. Depending on the sophistication of your executor, the Los Angeles Probate court may use different standards for evaluating the performance of an executor in a probate litigation case.

Standard of Care for Professional Fiduciaries who are Executors:

When a Professional Fiduciary acts as an executor, he or she is held to the standard of care for a licensed professional fiduciary. The actions of the professional fiduciary as a Los Angeles Executor then must measure up to the standard of care of other executors who are licensed to act as such in Los Angeles County.

Standard of Care of Non-Professional Executors:

If a family member acts as an executor, he or she is held to the standard of care by other non-professional executors. Meeting the duty of reasonable care is the standard for all executors, regardless of their license standard, by the duty moves up or down depending on the person who is performing it.

Common Themes in Standard of Care of an Executor:

Regardless of the license status of the executor, the duty of loyalty, duty to keep the assets separate from his own, the duty not to profit from the estate without prior court approval, and the duty to account to are all themes that run to all executors and administrators. Read the Duties and Liabilities Form very carefully when you are selected as an executor, and ask questions of your lawyer. Duties and responsibilities of an executor are defined by law, but also by practice.

Hire the right professionals to help you comply with your executor responsibilities in Los Angeles. Call Mina Sirkin, Probate Attorney for assistance in managing your probate estate at 818.340.4479.

Los Angeles Executor in 90064, 90025 and 91367. #losangeles #executor

Getting your probate notes cleared in Los Angeles

With over 26 years of experience, our probate attorneys look forward to meeting clients and help our clients clear their probate notes in all areas near Los Angeles. The following information about Los Angeles Probate Notes can assist you in getting the information you need to handle your probate notes:

What are Probate Notes in Los Angeles?

The Los Angeles Superior Court Probate Departments have probate attorneys who review all pleadings filed by attorneys and pro per or unrepresented or self-represented persons who file them in court. Probate Attorneys of the Court tell the Judge what to look for in your papers, and pose questions about the contents of the papers.

What does the phrase “Clear Probate Notes” mean?

If you are represented by an attorney, your attorney will answer the questions posed by the Court’s probate attorney (also sometimes a Probate Examiner). If you are unrepresented, you must first find the probate notes related to your case and any minute order which refers to the questions of the court. In most cases, you can find the Los Angeles Probate Notes here by searching by case number.

What if you don’t know the case number?

If you need to clear your probate notes, but do not know the case number, you must look at one of the court’s papers and locate it, or search the court’s index with the decedent’s name or the administrator/executor’s name to get the case number.

Why are Probate Notes Important in Los Angeles?

Probate notes are important in Los Angeles as judges in Los Angeles Probate Court have a high volume of cases, the probate notes often summarize the probate case for the probate judge.

When you respond to the probate notes, you are can often repeat your case story which will likely be read by the Court and all judges read the Probate Notes.

If you can’t find the probate notes, you need to know what happens if you don’t check the Probate Notes on a timely basis?

If you have had a hearing, your probate notes are up in one area of the court’s site called [Probate Notes] for that day. They are taken off the next day and are put in another part of the web site called Document Images, where the court lets you see the first page of the notes free, and if there are additional pages, you must then pay for them.

What happens if you cannot clear your probate notes?

Depending on your judge, the judge may give you additional time to clear them, or deem them cleared, or may simply ignore them. What happens is up to the judge. If the Judge orders you to clear your notes, you must file a verified supplement to answer the notes. A Verified Supplement to a Probate Petition is a document signed under penalty of perjury under the laws of the State of California, that gives the additional requested information to the court. You essentially vouch for its truth to the court.

Call our Probate Attorney in Los Angeles to get help with clearing your probate notes in LA County. Call Mina Sirkin at 818.340.4479.

Probate Court Structure Los Angeles

The departments in the Stanley Mosk Los Angeles Probate Court work together to supervise the administration of Probate and Estate Services in Los Angeles County. Probate in general works to conserve the trusts and estates of deceased individuals, and handles hearings related to probate, trust, conservatorship and guardianships. While the Probate Court is a court of general jurisdiction, it does not handle civil matters, unless they are connected to a probate or trust case. Appeals from the Superior Court’s probate decisions are handled by the Court of Appeal in California.

Payment of probate creditor claims and payments to beneficiaries and heir in probate and the enforcement timely distribution of estates and trusts to the determined heirs/beneficiaries is the function of the Superior Court.

As an integral part of the trust management team, the Probate departments supervise the fiduciary duties of executors and administrators, as well as trustees, conservators and guardians in California.

The Probate Court is committed to supporting the mission, goals, objectives, and initiatives of California’s Probate Law. It also holds itself to a high level of integrity and standards in performing and carrying out its duties and functions in order to provide quality services to its beneficiaries and the public. The Probate Court also supervises the sale of real estate and manages disputes about heirship procedures.

To talk to us about your Probate questions, get straight forward answers about the Probate Court by calling Mina Sirkin, Probate Lawyer in Los Angeles at 818.340.4479

#Probate #Court #Los #Angeles

What can a client expect from a fiduciary?

A fiduciary owes a duty of loyalty to a client. As a client, you can expect that if someone owes you a fiduciary duty, that he or she is aware of fiduciary law and will be loyal to you, over their own interests.

Common fiduciaries:

  1. Attorneys.
  2. Executors and Administrators of Estates.
  3. Agents under a Power of Attorney
  4. Trustees.
  5. Conservators.
  6. Guardians.
  7. Financial Fiduciaries.
  8. Professional Fiduciaries (Private Professional Fiduciaries).
  9. Bank Trust Departments when acting as a Trustee, and Trust Companies.
  10. Real Estate Brokers and Agents in California.
  11. A Representative Payee under Social Security law.
  12. A Veterans Fiduciary under Federal Law.

As a matter of California law, a fiduciary owes the highest duty of good faith, honesty and fair dealing to a client.

In general, the fiduciary must not commingle the funds of his subject with his own money, and must not profit from the transactions of the subject. There are exceptions to this rule, where a trust provides otherwise.

To talk to a Fiduciary Law Attorney in Los Angeles in our office, call Mina Sirkin at 818.340.4479.

#Fiduciay #Law #LosAngeles #Los #Angeles

Trusted Guardianship Lawyer

The term guardianship refers to a protective proceeding in court. In California, a Guardianship may be set up for a minor. In other states, a Guardianship is the equivalent of the California Conservatorship of the Person of an adult. Having a trusted guardianship attorney in court, tells your side of the story to the judge in Los Angeles.

There are themes that are common to both a Guardianship and Conservatorship as we list below:

  1. In a Guardianship, any sale must be approved by the court. A Guardian cannot sell the property of the ward/ minor without court approval. Same is true of conservatorship sales or real property.
  2. Where there are assets involved, a Guardian must account to the court based on a schedule set by the court. Same accounting rules are true for conservatorships.
  3. A guardian and conservator must act in the best interest of the disabled or minor and owe a duty of loyalty to the ward or conservatee. A duty of loyalty means that the interests of the disabled person or minor must come before the interests of the guardian or conservator.
  4. An inventory of the guardianship estate is required by the court and must be timely filed.
  5. If a parent applies to be a guardian of the estate of a minor, the parent must first use his own resources to support the minor. Courts in California are reluctant to allow a parent to use the minor’s assets to support him or her.

If you have questions about a guardianship or conservatorship, call Mina Sirkin, Los Angeles Guardianship lawyer at 818.340.4479

Do you have any rights in probate?

Your rights in probate depend on several factors. When determining a beneficiary’s rights in an estate, we evaluate the following:

  1. We review the will to determine whether the prospective client has direct rights as a beneficiary of a specific gift or residue, or if the client is a contingent beneficiary.
  2. Due diligence is exercised when reviewing the inventory of an estate for discrepancies between the inventory and the accounting.
  3. Timing of the distributions from an estate tie into the rights of an heir or beneficiary in the probate estate. A late accounting and a late distribution are sometimes signs of trouble in an estate.
  4. You have a right to an accounting unless the will provides otherwise, and if the court determines that either you were paid in full, or that you do not have the required standing to request one.
  5. If an executor or administrator requests that you waive your accounting right, you should talk to an attorney to determine if that is in your best interest. Don’t sign any document before talking with an attorney, and retaining one to review the documents.
  6. You do have a reasonable right to information in probate. You can request special notice in a probate estate to get information about all court filings.

Mina Sirkin advises clients about their rights in probate in Los Angeles California. Call 818.340.4479 for appointments.

#probate #rights #losangeles #Los #Angeles

Professional Trustee

When you need a professional trustee in Los Angeles, you must consider several issues. One aspect of your selection process is the experience of the private trustee in the Los Angeles area. Next is the cost of hiring a professional trustee vs. the cost of hiring your family member as a trustee.

There is a cost v. benefits analysis involved in picking a trustee and you must analyze the benefits v. the costs as in any business decision.

Tips and Questions about costs of a trustee:

  1. Do you charge on an hourly basis or on a percentage basis?
  2. Does the trustee need to hire an attorney or is the trustee licensed as an attorney? When you hire a private trustee, your trustee can hire an attorney to advise him or her about the legal aspects of trust administration. Sometimes, the trustee is an attorney. This generally results in one fee, as opposed to two fees, where the trustee acts as his own attorney.
  3. If you are selecting a family member as a trustee, will the other family members respect his or her decisions? The cost of a family member trustee whose decisions are not respected can be high as it may result in trust litigation.
  4. A benefit of a private fiduciary as a trustee is that he or she has great experience and has all the resources to manage the family’s trust and can hire financial advisors to allow the trustee to make good financial decisions for the trust.
  5. Private trustees can handle trusts that only have real estate as assets. Bank are generally reluctant to accept trusts that solely own real estate.

To discuss your trustee needs in revocable trusts and irrevocable trusts, call Mina Sirkin for referrals to private trustees and to discuss the nature of trustee obligations and duties in Los Angeles. Call 818.340.4479