What is a Los Angeles Probate Court Ex Parte Hearing?

What exactly is a Los Angeles Ex Parte Probate hearing in Los Angeles? Ex Parte means with respect to the interest of one side. In reality, an Ex Parte Probate hearing means that you are given short notice or no notice to act because there is some kind of urgency.

In probate, there are certain situation when the probate court will entertain urgency proceedings by Ex Parte because there is imminent threat of harm or loss. Sometimes, there is urgency in suspending an executor or trustee. Other times, there may be reason to stop a trustee or executor from taking a certain action.

In some cases, when there is a foreclosure pending, estate court judges may also allow a short restraining order against a lender to allow a probate sale to close.

On occasion, the Court may suspend a conservator, make provisional orders to appoint a temporary trustee, executor or conservator to address certain types of issues. Ownership issues are rarely subject of Ex Parte proceedings in estate court in Los Angeles.

While the Court is reinstating operations, Ex Parte hearings are done on paper now, but if the Court wants to set it for a court hearing, you can appear via LaCourtConnect. Here is the link to sign up: http://lacourt.org/lacc/. The middle column is for non-attorneys and the left column is for attorneys to sign up.

If you have been served with an Ex Parte notice and would like to talk to us, please call probate attorney, Mina Sirkin at 818.340.4479 and email [email protected].

#probate #ExParte #LosAngeles #probatecourt

Do you need help as a conservator or guardian in Los Angeles?

The most important function that a conservator or guardian has, is to protect the person and assets of the individual for whose benefit the guardian or conservator has been appointed. For the same reason, a Woodland Hills conservator’s attorney is there to advise the conservator of legal aspects of working as a conservator.

Here is a short-list of what a conservatorship attorney can do to help a guardian or conservator carry out the duties of the guardian:

  1. Advise regarding setting up books and records per the court rules.
  2. Helping with compliance with the bond and inventory issues.
  3. Getting you ready for your accounting.
  4. Advise the guardian re what NOT to do in an estate.
  5. Connect you to competent professionals, caregivers etc to help you with your duties.
  6. Connect you with a CPA who handles conservatorship and guardianship matters.
  7. We help you figure out how to pay the conservatorship fees with a court order after you are appointed.

Sometimes making a decision not to act as a conservator may be beneficiary, in which case you can consider the use of a private conservator or professional conservator for your loved one. Ask us how you may be able to communicate with a professional conservator.

When you are trying to determine if you are the right person as a conservator, we can guide you as to the best solutions and choices. Ask us to refer you to the right professional conservator or professional fiduciary, if you have been referred to one. #woodland #hills

Our conservators’ attorney can get you the legal help you need if you are a guardian or a conservator and get you through the Los Angeles Probate court system faster. Call Mina Sirkin at 818.340.4479 or email us [email protected] for more legal help. #conservatorship #conservatorships #losangeles #professional #fiduciary #woodlandhills #conservator #Los #Angeles #Conservator #Guardian

Los Angeles Conservatorship Attorney: Conservatorship 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 a conservatorship in California, think of the process as the legal life supervision over another person.” Connect with us in Los Angeles.

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:

  1. When the principal is well and competent, the principal may revoke a power of attorney and thereby remove an agent.
  2. 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 obtain or 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. Conservatorship attorney Los ángeles.

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.


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.


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.


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.


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.


E-Mail: [email protected]

Call: 818.340.4479 or 800.300.9977

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

What Information Do I Need for Probate in Los Angeles?

To start a Probate in Los Angeles, you need the following information. Here is a list of Probate Information to gather before you start the probate process:

  1. Decedent’s name, including any aliases.
  2. Decedent’s last known address. The place of residence at the time of death governs where the probate petition must be filed.
  3. You will need the Decedent’s Certified Death Certificate.
  4. Please gather names and addresses of known relatives: Parents, Spouse, Children, Siblings of the decedent. If any person is deceased but leaves a child, please tell us.
  5. A list of decedent’s known property. A bond needs to be issued for all liquid assets of the decedent, plus annual interest on income of the assets.
  6. The name of the person who wants to be the personal representative, and their relationship to the decedent.
  7. If there is a will or trust, please provide us with the originals of those documents.
  8. Find out the social security number of the decedent.
  9. Any information about the Decedent’s banks and CPA is also very helpful.
  10. Gather information about the Decedent’s home and let us know if anyone lives there.

Once you have the above information, please call us for a free consultation and to obtain more information about probate in Los Angeles California. Call Mina Sirkin, Probate Attorney at 818.340.4479

#LosAngeles #Probate #Information #Los #Angeles

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