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To
contact us by telephone:
818-340-4479
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Free in Southern California:
800-300-9977
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here To email us:
Los
Angeles Trust & Probate Attorney
Contact
Us:MSirkin@SirkinLaw.com
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.
Los Angeles Probate Attorneys; 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
Los Angeles probate attorney team can help you administer
California Probate and Trust Estates in accordance with
California Probate Law and the California Probate Code. We
practice in all California Probate courts.
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Angeles Probate Attorney
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Angeles Probate
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QDRO Litigation
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Formation: Corporations, Partnerships, Family Limited
Partnerships; Limited Liability Companies; Charitable
Foundations.
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Transactions:
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including stock sales and corporate transfers.
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CONSERVATORSHIPS IN CALIFORNIA
By: Mina N. Sirkin, Esq.
A Conservatorship is a judicially created relationship where an
adult has been given the legal authority and responsibility to
care for another adult. General Conservatorships 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 (Limited) Conservatorships.
We will address probate conservatorships here:
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.
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 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 against the ill person.
The 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.
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. They should
only be used when absolutely necessary.
Candidates for conservatorship can be, although are not limited
to, those who suffer from Alzheimer's disease, stroke, head
injuries, Parkinson's and other debilitating disorders. A
conservator can petition the court for approval of appropriate
Medi-Cal planning transactions such as purchasing a home in order
to "spend down" the conservatee's property on exempt
assets.
Call us at 818-340-4479 for more information on conservatorship
matters.
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