When trying to obtain a conservatorship in California, you should note the challenges that you may frequently face in Conservatorships in Los Angeles County. There are several types of challenges that can arise in the process of a conservatorship in California:
- Technical challenges to Conservatorships
- Documentary challenges in Conservatorships
- Conservatorship Family Disputes
- Evidentiary challenges to a Conservatorship
Technical challenges in conservatorships in LA County are usually about whether the right document was filed, and whether there are easier alternatives to a conservatorship that the court should consider before it conserves someone. Probate Notes put out by the conservatorship court may refer to some of the defects or questions the court may have for the filer. In the conservatorship papers, your ultimate goal is to have Letters of Conservatorship issued, so each of the notes that the court puts out before the hearing, should be addressed by a supplement to the conservatorship in a pleading.
Documentary challenges to conservatorships in Los Angeles are referred to as an objection to the conservatorship or a demurrer to the petition. Demurrers challenge many issues, as do objections. The conservatorship judge assigned to your case may give any party who wants to dispute the conservatorship some time to contest the conservatorship. Missing the deadline to file the objection can effectively knock you out of the case.
Family disputes in conservatorships are also a barrier to appointment of a conservator in Los Angeles. Many times, the conservatee does not want to be conserved. Lack of consent to the conservatorship is a disputed conservatorship. The conservatorship judges give every possible chance to the proposed conservatee to protect himself or herself from being conserved. Due process requires that the proposed conservatee be given a court appointed attorney or an attorney of their choice, and a quick trial date to show that she/he does not need a conservatorship. Most common though, is the situation where a girlfriend or boyfriend of the conservatee wants to stay involved the conservatee’s life and has been helping him/her, where the family members do not want that. Family members such as sons or daughters fear that the girlfriend or boyfriend will assume financial control over the disabled adult and use that to his or her own advantage. Children often face the risk that their parent may be influenced by someone else. Restraining orders in conservatorships are very common issues and are frequently part and parcel of a conservatorship challenge in Los Angeles. Family disputes about trusts and conservatorships are the core of mediations in Los Angeles. If the proposed conservator has a conflict, the court may consider a Guardian Ad Litem in addition to the PVP attorney.
Evidentiary challenges to conservatorships are some of the ways that a conservatorship petition can be attacked. Sometimes, there is insufficient evidence to conserve an elder or adult. The threshold for creating a conservatorship requires a very high standard of evidence, namely clear and convincing evidence. Just because you want to conserve someone, it does not mean you can meet the standard. The capacity declaration by itself is NOT enough to conserve someone in a conservatorship contest.
Consult and call Mina Sirkin, Conservatorship specialist attorney in Los Angeles to discuss your conservatorship problems and challenges by calling 818.340.4479 or email to this link. Conservatorship Service in Los Angeles County and Ventura County, Westlake Village and Conservatorships for Thousand Oaks Ca residents.
About Mina Sirkin:
Mina Sirkin is a Board Certified Specialist attorney by the State Bar of California in Estate Probate and Trust Law, specializing in litigation of conservatorships and trusts. With over 26 years experience in litigation of conservatorships, Ms. Sirkin handles complex and high net-worth conservatorships which are litigated in court. Ms. Sirkin is a media expert and has appeared in CNN, CNBC, NPR, RollingStone.com, KTLA, Inside News, and other media outlets re conservatorships.
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