Los Angeles Probate Sirkin Law

Why does a proposed conservator need a consultation?

A proposed conservator needs a conservatorship consultation because there are many steps when you file a conservatorship petition and you can make lots of errors if you go about it without an attorney.   Contact us if you want to become a conservator in Los Angeles. Call our conservatorship attorney now to consult with Mina Sirkin, Certified Specialist Attorney for a free conservatorship consultation in Los Angeles, Ca.  Email us here or call us to consult at 818.340.4479.

Advantages of Conservatorships in California

People often ask us if conservatorships have advantages over the power of attorney.  Yes, there are some advantages for conservatorships which do not exist for a power of attorney.

1. With conservatorships, you can limit the rights of the Conservatee.   So, if a person gives you a power of attorney and names you as his agent, he can still act and go to the bank and pull his money out.
2. Conservatorships are controlled by a judge so they cannot be terminated without an order.   A power of attorney, on the other hand, is revocable by the principal, even if the principal is not acting in his own best interest.
3. If you are in a grey divorce, your spouse as an agent under a power of attorney can make lots of decisions for you that you may not necessarily agree with.  However, California conservatorships limit the appointment of a divorcing spouse in recognition of this advantage that a divorcing spouse may have under a power of attorney.

Alternatives to Conservatorship Are Sometimes Not Appropriate

There are times when a power of attorney is not appropriate or may be invalid.   When a person’s cognitive ability is so compromised that he or she cannot understand the consequences of his or her actions, and is unable to judge the circumstances surrounding an action, power of attorney documents may not be the best choice and do not make a good alternative.   For example, a person who is very susceptible to undue influence may not be a good candidate for making a power of attorney.   Talk to us about the appropriate methods.

Need a consultation appointment for conservatorships? Call for information about Conservatorships by calling Mina Sirkin at 818.340.4479 or email us: Info@sirkinlaw.com.