Los Angeles Conservatorship Differences

When do you know if your parent needs a conservator and how is the process of the Los Angeles Conservatorship different than Conservatorship in other counties and states? These are commonly asked questions about conservatorship in Los Angeles. In Los Angeles, the conservatorship process not only follows the California Probate Code but also several other rules, such as the Rules of Court and also Local Probate Rules.

From carrying out the duties of a conservator or avoiding conflict of interest, we guide our conservator clients to handle all the needs of your parents in all aspects of conservatorship in all areas of Los Angeles.

You need to know about type of conservatorship and conservatorship differences in California. Conservatorship of the estate deals with the financial right of the conservatee. The conservatorship of the person involves the physical and medical life of the conservatee.

Areas of the California Rules of Court, some of which rules which pertain to Conservatorships which you need to know about are as follows:

• Chapter 1. General Provisions
  • Rule 7.1. Probate Rules
  • Rule 7.2. Preliminary provisions
  • Rule 7.3. Definitions and use of terms
  • Rule 7.4. Waiver of rules in probate proceedings
  • Rule 7.5. Waivers of court fees in decedents’ estates, conservatorships, and guardianships
  • Rule 7.10. Ex parte communications in proceedings under the Probate Code and certain other proceedings
  • Chapter 2. Notices, Publication, and Service
    • Rule 7.50. Description of pleading in notice of hearing
    • Rule 7.51. Service of notice of hearing
    • Rule 7.52. Service of notice when recipient’s address unknown
    • Rule 7.53. Notice of hearing of amended or supplemented pleadings
    • Rule 7.54. Publication of Notice of Petition to Administer Estate
    • Rule 7.55. Ex parte application for order
  • Chapter 3. Pleadings
    • Rule 7.101. Use of Judicial Council forms
    • Rule 7.102. Titles of pleadings and orders
    • Rule 7.103. Signature and verification of pleadings
    • Rule 7.104. Execution and verification of amended pleadings, amendments to pleadings, and supplements to pleadings; use of Judicial Council forms
  • Chapter 4. Appointment of Executors and Administrators
    • Rule 7.150. Acknowledgment of receipt of statement of duties and liabilities of personal representative
    • Rule 7.151. Reimbursement of graduated filing fee by successful subsequent petitioner
  • Chapter 5. Bonding of Personal Representatives, Guardians, Conservators, and Trustees
    • Rule 7.201. Waiver of bond in will
    • Rule 7.202. Two or more personal representatives
    • Rule 7.203. Separate bonds for individuals
    • Rule 7.204. Duty to apply for order increasing bond
    • Rule 7.205. Independent power to sell real property
    • Rule 7.206. Bond upon sale of real property
    • Rule 7.207. Bonds of conservators and guardians
  • Chapter 6. Independent Administration of Estates
    • Rule 7.250. Report of actions taken under the Independent Administration of Estates Act
  • Chapter 7. Spousal or Domestic Partner Property Petitions
    • Rule 7.301. Spousal or domestic partner property petition filed with petition for probate
  • Chapter 8. Petitions for Instructions [Reserved]
  • Chapter 9. Creditors’ Claims
    • Rule 7.401. Personal representative’s action on the claim
    • Rule 7.402. Court’s action on the claim
    • Rule 7.403. Listing all claims in the final report
  • Chapter 10. Sales of Real and Personal Property
    • Rule 7.451. Refusal to show property to prospective buyers
    • Rule 7.452. Petitioner or attorney required at hearing
    • Rule 7.453. Petition for exclusive listing
    • Rule 7.454. Ex parte application for order authorizing sale of securities or other personal property
  • Chapter 11. Inventory and Appraisal
    • Rule 7.501. Inventory and Appraisal to show sufficiency of bond
  • Chapter 12. Accounts and Reports of Executors, Administrators, Conservators, and Guardians
    • Rule 7.550. Effect of waiver of account
    • Rule 7.551. Final accounts or reports in estates with nonresident beneficiaries [Repealed]
    • Rule 7.552. Graduated filing fee adjustments for estates commenced on or after August 18, 2003, and before January 1, 2008 [Repealed]
    • Rule 7.553. Graduated filing fee statements for decedents’ estates commenced on or after January 1, 2008 [Repealed]
    • Rule 7.575. Accounts of conservators and guardians
  • Chapter 13. Taxes [Reserved]
  • Chapter 14. Preliminary and Final Distributions
    • Rule 7.650. Decree of distribution establishing testamentary trusts
    • Rule 7.651. Description of property in petition for distribution
    • Rule 7.652. Allegations in petition for distribution concerning character of property
  • Chapter 15. Compensation of Personal Representatives and Attorneys
    • Rule 7.700. Compensation paid in advance
    • Rule 7.701. Allowance on account of statutory compensation
    • Rule 7.702. Petition for extraordinary compensation
    • Rule 7.703. Extraordinary compensation
    • Rule 7.704. Apportionment of statutory compensation
    • Rule 7.705. Calculation of statutory compensation
    • Rule 7.706. Compensation when personal representative is an attorney
    • Rule 7.707. Application of compensation provisions
  • Chapter 16. Compensation in All Matters Other Than Decedents’ Estates
    • Rule 7.750. Application of rules to guardianships and conservatorships
    • Rule 7.751. Petitions for orders allowing compensation for guardians or conservators and their attorneys
    • Rule 7.752. Court may order accounting before allowing compensation
    • Rule 7.753. Contingency fee agreements in guardianships and conservatorships
    • Rule 7.754. Use of paralegals in the performance of legal services for the guardian or conservator
    • Rule 7.755. Advance payments and periodic payments to guardians, conservators, and to their attorneys on account for future services
    • Rule 7.756. Compensation of conservators and guardians
    • Rule 7.776. Compensation of trustees
  • Chapter 17. Contested Hearings and Trials
    • Rule 7.801. Objections and responses
    • Rule 7.802. Electronic filing and service in contested probate proceedings
  • Chapter 18. Discovery [Reserved]
  • Chapter 19. Trusts
    • Rule 7.901. Trustee’s accounts
    • Rule 7.902. Beneficiaries to be listed in petitions and accounts
    • Rule 7.903. Trusts funded by court order
  • Chapter 20. Claims of Minors and Persons With Disabilities
    • Rule 7.950. Petition for court approval of the compromise of, or a covenant on, a disputed claim; a compromise or settlement of a pending action; or the disposition of the proceeds of a judgment
    • Rule 7.950.5 Expedited petition for court approval of the compromise of, or a covenant on, a disputed claim; a compromise or settlement of a pending action; or the disposition of the proceeds of a judgment
    • Rule 7.951. Disclosure of the attorney’s interest in a petition to compromise a claim
    • Rule 7.952. Attendance at hearing on the petition to compromise a claim
    • Rule 7.953. Order for the deposit of funds of a minor or a person with a disability
    • Rule 7.954. Petition for the withdrawal of funds deposited for a minor or a person with a disability
    • Rule 7.955. Attorney’s fees for services to a minor or a person with a disability
  • Chapter 21. Guardianships
    • Rule 7.1001. Guardian screening form
    • Rule 7.1002. Acknowledgment of receipt of Duties of Guardian
    • Rule 7.1002.5. Guardianship of ward 18 to 20 years of age
    • Rule 7.1003. Confidential guardianship status report form
    • Rule 7.1004. Termination of guardianship
    • Rule 7.1005. Service of copy of final account or report after resignation or removal of guardian
    • Rule 7.1006. Service of copy of final account on termination of guardianship
    • Rule 7.1007. Settlement of accounts and release by former minor
    • Rule 7.1008. Visitation by former guardian after termination of guardianship
    • Rule 7.1009. Standards of conduct for the guardian of the estate
    • Rule 7.1011. Taking possession of an asset of the ward at an institution or opening or changing ownership of an account or safe-deposit box in a financial institution
    • Rule 7.1012. The good cause exception to notice of the hearing on a petition for appointment of a temporary guardian
    • Rule 7.1013. Change of ward’s residence
    • Rule 7.1014. Communications between courts in different California counties concerning guardianship venue
    • Rule 7.1015. Indian Child Welfare Act in guardianship and certain conservatorship proceedings (Prob. Code, §§ 1459.5, 1460.2)
    • Rule 7.1016. Participation and testimony of wards in guardianship proceedings
    • Rule 7.1020. Special Immigrant Juvenile Findings in Guardianship Proceedings
  • Chapter 22. Conservatorships
    • Rule 7.1050. Conservator forms
    • Rule 7.1051. Acknowledgment of receipt of Duties of Conservator
    • Rule 7.1052. Termination of conservatorship
    • Rule 7.1053. Service of final account of removed or resigned conservator
    • Rule 7.1054. Service of final account after termination of conservatorship
    • Rule 7.1059. Standards of conduct for the conservator of the estate
    • Rule 7.1060. Investigations and reports by court investigators
    • Rule 7.1061. Taking possession of an asset of the conservatee at an institution or opening or changing ownership of an account or safe-deposit box in a financial institution
    • Rule 7.1062. The good cause exception to notice of the hearing on a petition for appointment of a temporary conservator
    • Rule 7.1063. Change of conservatee’s residence
  • Chapter 23. Court-Appointed Counsel in Probate Proceedings
    • Rule 7.1101. Qualifications and continuing education required of counsel appointed by the court in guardianships and conservatorships

Call Conservatorship attorney to find out how we are different and how we can help you assess the need for a conservator for your parent in Los Aneles. Contact Mina Sirkin at 818.340.4479 or email us: [email protected]