CONSERVATORSHIPS ATTORNEY LOS ANGELES
A conservatorship attorney at law obtains a Los Angeles California Conservatorship court order when you need to legally conserve and manage a person’s life, assets and finances and get conservatorship letters from the court. Conservatorships are the Los Angeles court ‘s version of a supervised power of attorney with some additional protections in place for the conservatee in Los Angeles County. “When you think of conservatorships in California, think of the process as the legal 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 a 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 conservatorships 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 loved 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 did not sign a valid durable power of attorney when he or she was well, then you will need to go the route of a conservatorship.
When a power of attorney does not exist, cannot be obtained, or is invalid, 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.
How can you suspend or revoke someone’s power of attorney when there is abuse?
Sometimes, even when there are powers of attorney in place, conservatorships come into play when a power of attorney has been used to financially abuse an elderly person or a disabled individual. The procedure to suspend or revoke a power of attorney is very common in conservatorships. California is unfortunately inundated with cases involving abuse of power of attorney documents. Ask us how you can remove an agent under a power of attorney.
There are two methods to revoke or remove an agent from a power of attorney:
- When the principal is well and competent, the principal may revoke a power of attorney and thereby remove an agent.
- When the principal is not competent, the procedure to revoke, suspend or remove an agent with a power of attorney is done in Court in Conservatorships or in Power of Attorney court proceedings.
Possession of a Car by a Disabled Person and Driving issues in Conservatorships in Los Angeles
If you are concerned 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. Discussing your case with an experienced conservatorship lawyer can help with the success of your case.
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 conservatorships.
There are many choices to explore and our investigating conservatorship 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 to decide if a conservator of person or conservatorship of the estate, or both are needed.
Get a Complimentary Conservatorship Evaluation at our Free Consultation with our conservatorship attorney.
When you call our conservatorship 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 you get legal powers in a conservatorship and give you guidance about the 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 conservatorship attorneys in Los Angeles, 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 get 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 Conservatorships 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 a CAC 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 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 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 administration matters. Los Angeles Conservatorship, Los Angeles, Ca.
LOS ANGELES CONSERVATORSHIP OFFICE LOCATIONS
Call: 818.340.4479 or 800.300.9977