To contact our Los Angeles Autism Rights Attorneys and Conservatorship Lawyer, Call:

818-340-4479

To speak with a Conservatorship Lawyer in Orange County, contact:

mailto:Assistant.SirkinLaw@gmail.com?subject=Appointment Needed

Los Angeles Conservatorship Attorneys

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

Los Angeles Conservatorship Attorney

Los Angeles Conservatorship

Los Angeles Estate Planning Lawyers

Los Angeles Trust Administration

California Probate and Trust Litigation

California Conservatorship

Breach of Fiduciary Duty Litigation

Trust & Probate Accounting Actions

Los Angeles Special Needs Trust

Post-Death QDRO Litigation

Life Insurance Beneficiary Litigation

Pension Litigation

Entity Formation: Corporations, Partnerships, Family Limited Partnerships; Limited Liability Companies; Charitable Foundations.

Business Transactions: We can assist you in implementing your business transactions, including stock sales and corporate transfers.

Law Practice Sales Systems

Direct access to our lawyers:

Los Angeles Conservatorship Attorney

Los Angeles Trust Attorney

California Probate Attorney

California Trust Attorney

Los Angeles Dodgers ®

The Los Angeles Lakers ®

UCLA Bruins Football ®

Los Angeles Attorney Conservatorship

AUTISM RIGHTS & CONSERVATORSHIP LAWYERS & ATTORNEYS
Los Angeles Conservatorship and Conservatorship Litigation Attorneys, Attorney

Los Angeles Conservatorship

Most people think that a Conservatorship for Developmentally Disabled Autistic Adults has to be a Limited Conservatorship.   That is not exactly correct.   One can have a General Conservatorship for an adult with autism, which is broader than a Limited Conservatorsip.   Sometimes, the Conservator needs more powers than the sevel powers given in the Probate Code regarding limited conservatorships.   General Conservatorship allow the Conservator to take any type of legal action to protect the rights of a person with autism and is not limited to the 7 powers.

Protecting rights of autistic adults can vary in degrees.   Sometimes, the Regional Center does not recommend the powers to control the social, sexual or marital rights of the Conservatee in their report.  This is done solely for the benefit of the Regional Center vendors because in cases of abuse, the Regional Center does not want the parents to have the right to tell its vendors to control behavior of others.  You should always ask for those additional powers where you, as a parent believe it is in the best interest of your adult chil, regardless of what the Regional Center recommends.   Only you know what is best for your child and how to protect his or her rights.

A Conservatorship in California is a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult.   Our Conservatorship lawyer can assist you with the conservatorship process in Orange County.

Types of Conservatorship:

General Conservatorships in Orange County can be three basic types:

1) Conservatorship of the person; 2) Conservatorship of the Estate; and 3) Conservatorship of person and estate.  This can be limited or general.

There are several other types 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. They should only be used when absolutely necessary.

Candidates for conservatorships are usually 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.

PROTECTING THE ELDERLY AND DISABLED WITH A CONSERVATORSHIP

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.

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.

Call us for a Free Conservatorship Consultation for an adult or child with autism, and how to protect the rights of a person with autism, callt 818-340-4479. For more information on limited, or temporary conservatorships, and contested conservatorship and conservatorship litigation matters, contact us at 818.340.4470.  Autism Rights Conservatorship Attorneys.

Los Angeles Conservatorship Attorney, Los Angeles Trust Attorney, Lawyer, Los Angeles Conservatorship Lawyer, California Probate, California Probate Law, Los Angeles Trust, Los Angeles Estate Planning Lawyer, Los Angeles Estate Planning Attorney, California Probate Lawyer, Los Angeles Conservatorship Lawyer, California Probate Attorney, Probate Attorney Los Angeles, Trust Attorney Los Angeles, Ca Probate Law