To contact our Conservatorship Attorney serving Redondo Beach, Manhattan Beach and Hermosa Beach areas regarding a free Conservatorship Consultation, Call:

818-340-4479

Email our Conservatorship Lawyer, Mina Sirkin for a free consultation:

Mina N. Sirkin

Conservatorship Specialist Attorney
Serving the Beach Cities such as Redondo Beach and Manhattan Beach in Los Angeles County

TESTIMONIALS:

“Mina Sirkin handled the estate of my brother. This was most difficult since my brother lived in Venice California and I live in Yardley, Pennsylvania. From the out set Mina Sirkin provided me with all the information I needed to understand the legal aspects as well as my obligations. All matters throughout the probate process were handled very professionally, yet with care and concern for me the client. Most outstanding was the very efficient and effective way the legal problems and issues were handled, always with a very positive outcome for me the client. I am most appreciative that the entire probate process was handled without the need for me to make a trip to California.

What particularly distinguishes the services I received from the Sirkin law firm was the expert advice I received in a timely manner on all the numerous related details that I needed to attend to to settle the estate. They were honorable in all their dealings, and most importantly in their billing.

I would certainly use the services of the Sirkin law firm in the future and have no hesitation in recommending their services to relatives, friends and acquaintances.” Herb. S.

 
Beach Conservatorship Attorney; Estate Planning, Wills and Trusts

“I have known Mina Sirkin for seven years. Mina is a life long learner, who puts the time and effort into staying on top of current events for estate law. This type of approach is very important for navigating the current times we are in; massive volatility in finances with commensurate changes in estate valuations which is coupled with unknown estate tax laws driven by the recent changes in government. You need someone who can help you address this uncertainty, rather than use a business-as-usual approach." Brad W.

Our Conservatorship attorney team can help you manage lives of disabled family members, including those with dementia and alzheimer's disease. We practice in all California Probate courts.

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CONSERVATORSHIP IN REDONDO BEACH
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Los Angeles County and Beach Cities Conservatorship Attorneys Lawyers

WHEN CAN A CONSERVATORSHIP CONSULTATION BECOME IMPORTANT?

Redondo Beach residents should take note that a Conservatorship Consultation should be set when there is an urgency, which can be a medical emergecy, or when the assets of the affected person may be lost.

When there is an imminent or immediate danger to the conservatee or to his /her assets, and loss may occur fast, the Court will be inclined to allow us to protect the elder or disabled person in such unusual circumstances.

A Conservatorship in Los Angeles, Ca is a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult.   Our Los Angeles Conservatorship lawyers can assist you with the conservatorship process in Los Angeles County.

Types of Conservatorships:

Conservatorships for residents of Redondo Beach are filed in the downtown Central Court in Los Angeles County.  There are three general types of conservatorship in California:

1) Conservatorship of the person; 2) Conservatorship of the Estate; and 3) Conservatorship of person and estate.

There are several other categoroes of Conservatorship matters also available such as LPS Conservatorships (mental health) and Developmentally Disabled (Limited) Conservatorships.

Who can file for a Conservatorship?

Generally, spouses, children, relatives, friends, the public guardian, and professional fiduciaries.

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.

A conservatorship must continue until the court orders the conservator relieved from his or her duties. 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.  Beach cities residents should only be used when absolutely necessary.

Candidates for conservatorships are usually elderly or disabled.  Some conservatees may have Alzheimer's disease, dementia, parkinsons, autism, or other diseases.   Once a Conservators 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.

GUARDIANSHIP v. CONSERVATORSHIP

PROTECTING THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP

Redondo Beach, Hermosa Beach and Manhattan Beach Areas

Los Angeles Conservatorship proceedings and actions of conservators are court supervised. 

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 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 permission for such a transaction, especially when it involves moving the Conservatee from his or her home.

A PVP attorney 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.

California Conservatorship Process:

Conservatorship proceedings usually start when a person is so incapacitated that he or she cannot manage his/her own affairs.

The person who is the caretaker is called the conservator, and the person who is being taken care of is called the conservatee.

A conservatorship proceeding begins with a 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 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.

Ca Conservatorship can get complicated when there are disputes but can be fairly smooth, when itis uncontested.

WHEN ARE POWER OF ATTORNEY DOCUMENTS INSUFFICIENT?

While a valid power of attorney document can authorize the power of attorney holder to accomplish certain tasks of a conservator, a power of attorney cannot prevent the ill person from contracting, conveying property or marrying. For example, a patient with Alzheimer's disease may become subject to fraud or undue influence by unscrupulous persons. 

While he or she could have given a valid power of attorney while he or she was well, he or she may be befriended, may marry, and convey his or her property to a new spouse. In that situation, the probate code provides that a conservatorship may be established, and the conservator may ask the court to set aside any contract entered into by the ill conservatee.

The advantage of the conservatorship is that it can safeguard against fraud or undue influence by a third party against the ill person.   Conservatorships can get costly when there is litigation involved.  Persons filing for conservatorship should consider the costs before filing.

Administration of psychotropic medications requires consent of the patient.  When the patient has a power of attorney, but is medication non-compliant, a power of attorney is not enough and cannot be used to administer psychotropic medication against the will of the patient.

A Power of Attorney cannot be used to make a will for someone, or to change his/her will.   It can be used to create a trust, but not a will.

What is a Contested Conservatorship or Conservatorship Litigation matter?

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 appointment of a successor conservator to which others object.

4. Disputes involving contested conservatorship accountings.

5. Determination of a 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 trials.

WHAT IS THE NORMAL NOTICE PERIOD FOR CONSERVATORSHIPS

There is usually a 15 day notice period, unless it is shortened by the court.

Call us for a Free Conservatorship Consultation Appointment in Los Angeles County at 818-340-4479 for more information about conservatorships, contested or uncontested conservatorship and conservatorship litigation matters.  Los Angeles Conservatorship Consultation Attorney, Conservatorships near Redondo Beach, Manhattan Beach, and Hermosa Beach, Ca areas.