To contact our San Fernando Valley Elder Law Conservatorship Attorney, Call:

818.340.4479

Email our Conservatorship and Elder Care Law Lawyer: Info@SirkinLaw.com

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.

Senior Care and Conservatorship Attorneys; Elder Care, 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 County San Fernando Valley  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.

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Los Angeles Attorney Conservatorship

ELDER LAW ATTORNEY SAN FERNANDO VALLEY
Los Angeles Conservatorship and Conservatorship Litigation Attorneys, Attorney

Los Angeles Elder Care and Conservatorship Attorney

The main goal of elder law and conservatorships is elder care.   When an elder cannot care for himself or herself, elder law attorneys in San Fernando Valley create plans for the elder's care and well-being by consulting with family members and proposing an array of appropriate legal documents as part of elder protection planning.

Court supervision of the elder under the law, is the legal means by which the local government keeps tabs on the care of seniors in Los Angeles.   A court investigator and a PVP attorney will visit the elder to determine the legal needs of the person who cannot care for himself or herself.

A Conservatorship in California is a legal relationship where an adult is given the legal authority and responsibility to care for another adult.  Elder care and Conservatorships are closely connected.  Our Los Angeles Elder Care and Conservatorship lawyers can assist you with the celder law process in San Fernando Valley, Los Angeles County.

Types of Conservatorship:

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 (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 conservatorship 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, or until the conservatee dies.  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, brain injuries, dementia, parkinsons disease, autism, or other diseases.   Once a Conservator is duly appointed, the Conservator (caretaker) can ask the Court for permission to do elder law 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 CARE

Conservatorship proceedings and actions of conservators are court supervised, and those who provide service or care to the elder.    It is the responsibility of the conservator to find appropriate and caring caregivers for the conservatee or elder.

Family members are given written notice by mail, of the proceeding and financial records of the conservatee are summarized and presented in an accounting filed with the court.

When a Conservatee needs psychiatric or psychotropic medications, the Court reviews a doctor's declaration regarding the need for the medication.   Please make sure the doctor's capacity declaration is complete before you leave the doctor's office.  The ability of the Conservator to administer dementia medication depends on the court's approval of administering such medication.

A PVP attorney is a Court Appointed private attorney who is appointed for the Conservatee by the Los Angeles Probate Court.  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 usually starts 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.  Courts give preference to informal caregiving by family members.  Watch for situations where the care of the elderly is in dispute.

The first step in a conservatorship is to file a petition with the probate court, followed by an investigation by a court investigator, a visit by the Court Appointed Attorney, 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 financial conservatorship 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?

When the care of the elder is in dispute and family members fight over validity of the power of attorney, or the appropriate person to have a power of attorney, the matter usually turns into a conservatorship, and the court can suspend the power of attorney.

Call us at 818-340-4479 for more information on elder care and conservatorship, including elder law for San Fernando Valley residents.  Call our lawyers and attorneys about senior care.

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