What are the Seven 7 Limited Conservatorships Powers in California?

How to obtain the Seven 7 Limited Conservatorships Powers in California?

Seven conservatorship powers in California

Limited Conservatorship powers allow the Conservator to make certain legal decisions for a Conservatee in California: If you are applying for a Limited Conservatorship in California, you should know that the following Seven (7) powers must be specifically requested from the court, and unless the order includes them, the seven conservatorship powers in California are not automatic and you must claim them in a petition:

(1) To fix the residence or specific dwelling of the limited conservatee.

(2) Access to the confidential records and papers of the limited conservatee.

(3) To consent or withhold consent to the marriage of, or the entrance into a registered domestic partnership by, the limited conservatee.

(4) The right of the limited conservatee to contract.

(5) The power of the limited conservatee to give or withhold medical consent.

(6) The limited conservatee’s right to control his or her own social and sexual contacts and relationships.

(7) Decisions concerning the education of the limited conservatee.

You should know the difference between conservatorship powers, conservatorship duties, and conservatorship rights.  There are important differences among the above which you should discuss with a conservatorship lawyer in California.

If you are seeking a Limited Conservatorship attorney in Los Angeles, California, or have questions about the Seven Conservatorship powers in Limited Conservatorship, feel free to contact our attorneys at 818.340.4479, for conservatorship assistance.   Email: Info@SirkinLaw.com

#seven conservatorship powers in California#limited #conservator #powers #conservatorship #california #regional #center #duties #conservator #rights

Conservatorships for Non-Developmentally Disabled Adults in California

Many clients ask us about the differences between the Developmentally Disabled Adult Conservatorships called a Limited Conservatorship and what is appropriate for a person who is a non-developmentally disabled adult.  You should know that the main difference between the two types of conservatorships are that the Developmentally Disabled Adult Conservatorship requires that before the age of 18, the conservatee has manifested a delay or a disability.  Non-Developmental Conservatorships are Adult Conservatorships.  The most common situations are persons who have turned 18 or about to turn 18, and who need greater help as a adults.

The goals of the Limited Conservatorship v. the General Conservatorship are different.  While both conservatorships are protective, the Limited Conservatorship allows more freedom to the conservatee.  For example, the Limited Conservatee can in most cases be able to participate in certain areas of his or her life.  The Limited Conservatee may be able to work, and help with paying bills.  While in most cases, the right to contract may be restricted to the Limited Conservatee, the ability to help oneself is not taken away.  The goal for the Limited Conservatorship is to preserve as many of the rights of the conservatee as are possible to allow him or her to flourish.  In most cases, the assets of the conservatee can be protected in a Special Needs Trust for Limited Conservatees.

General Conservatorships, on the other hand, can be more restrictive.  Many powers are given to the conservator which do not exist in the Limited Conservatorship.  With an older adult, over 65 years of age, the Conservator may has for dementia medication and secured perimeter housing, which powers do not exist in the limited conservatorship in California.  Unfortunately, in California, for persons younger than 65, the ability of the conservator to give psychotropic medications and secured perimeter placement does not exist, unless the person is under an LPS Conservatorship or Mental Health Conservatorship.  LPS Conservatorship filings are reserved only for the Public Guardian and Psychiatrists while is a mental health facility.

What to do if you need to medicate a person with a disability?  Medication rights are preserved to the person, however, under the Limited Conservatorship, the Conservator can ask for the right to make medical decisions.   Once a person is conservated in a probate conservatorship, a request can be made for an evaluation by the Department of Mental Health in Los Angeles, to determine, if the person is eligible for an LPS or mental health conservatorship.   LPS Conservatorships are sometimes referred to as psychiatric conservatorships. That is the back way to the LPS court, but the road is a difficult one.

To discuss our retention as your attorneys for Limited Conservatorships, Conservatorships for Developmentally Disabled Adults of Non-Developmentally Disabled Conservatorships, contact Mina Sirkin, Conservatorship Attorney in Los Angeles County at 818.340.4479.





Management Powers and Role of an Executor in California

A California executor is the person who is given management powers by the Court to care for the assets of the decedent.  The term executor insinuates that there is a will.  The term administrator of a probate estate insinuates that there is no will, or that the decedent died intestate.   Remember that a power of an executor also can translate to a duty of an executor, but not always.

Powers of an executor are defined in the will, but they are expanded by the California Probate Code.  When the will restricts the executor from taking an action, the Court will usually respect the wishes of the decedent, unless the executor comes to court and seeks instructions as to why he should not follow a provision of a will.

Most executors handle such matters very smoothly.  They see help from an experienced probate attorney who can advise them about the powers of an executor in Los Angeles, California.   By consulting with a Sirkin Law Group probate attorney in California, you can be assured that you will receive the advice you deserve in a timely manner.   Receiving advice protects you and the estate when you act as a Los Angeles Executor.

Management and Control of the Estate as Powers

(a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constitutes ordinary care and diligence is determined by all the circumstances of the particular estate.

(b) The personal representative:

(1) Shall exercise a power to the extent that ordinary care and diligence require that the power be exercised.

(2) Shall not exercise a power to the extent that ordinary care and diligence require that the power not be exercised.

Consult with us in a complimentary 30 minute session by calling 818,340.4479.   Our friendly office staff will greet you and treat you with respect and integrity.  We value our clients and relationships and are here to help you with your probate in Los Angeles.

When to get Conservatorship advice about a Los Angeles Conservatorship?

Most people do not know when to ask for help or get advice about conservatorship cases, especially about Los Angeles conservatorship cases.  The range of problems that can arise from not asking for legal advice in a conservatorship range from not getting the result you want, to creating liability that could have been prevented with a simple consultation.

Types of Conservatorship Situations that Require a Consultation or advice.:

a.  Someone has filed a conservatorship, and you do not agree with that.

b.  Someone who claims to be a friend requests the court to become a conservator.

c.  You received a notice of hearing about a conservatorship petition.

d.  The court has set a date by which an objection must be filed.

e.  No inventory was filed in probate court.

f.   The conservator is not a family member.

g.   You received a copy of an accounting, and something does not look right or feel right, Gut feelings are usually rights. You should explore why you feel this way.

Getting experienced counsel in conservatorship is much like selecting a doctor.  You want to select someone who has done this many many many times.   Younger attorneys simply do not have enough experience to handle the complexities of conservatorships.    Call Mina Sirkin, Conservatorship expert attorney about the best conservatorship advice in Los Angeles County.  Call 818.340.4479


How Do You End Nursing Home Bullying in Los Angeles Ca?

When grandma went to a nursing home in Los Angeles, the last thing her children thought of was how to end nursing home bullying faced by the elder grandma.

Unfortunately, when it comes to social gatherings, even in senior settings, there are bullies who try to become the alpha in that setting.   Here are some examples:

a.   Gossip.

b.   Fist fights.

c.   Establishing cliques.

d.   Excluding others from social events.

e.   Making fun of an elder’s physical self, or the way he or he does things.

If you have an elder family member who is at a nursing facility, or one who is involved at the senior center, you should ask him or her about behavior of others.   Many people find it embarrassing to share these things, but the only way to prevent them is to bring it out the public, and the attention of the facility’s management.

Elder bullying can become elder abuse.  Your must take care of it and report it to change it.  Further, if the elder is under the care of the facility, you must ask that the facility show you how they handle these situations.

A local nonprofit in San Francisco, the Institute on Aging is developing an anti-bullying program.  Senior center staff members received 18 hours of training that included lessons on what constitutes bullying, causes of the problem and how to manage such conflicts.

Robin Bonifas, a social work professor at Arizona State University and author of the book “Bullying Among Older Adults: How to Recognize and Address an Unseen Epidemic,” said existing research suggests that about 1 in 5 seniors encounters bullying.

Sometimes causes of bullying may be, loss of control, loss of independence, and general grieving.   No matter what the cause, bullying is emotionally harmful, and can be physically harmful as well.

Call Mina Sirkin, Elder and Conservatorship Attorney in Los Angeles to discuss elder bullying at 818.340.4479 or to set an appointment.  Email us here:  Info@Sirkinlaw.com


What is the Public Guardian and What does it do in Los Angeles?

What is the Public Guardian and What does it do in Los Angeles?

The office of the Public Guardian is an arm of the local County government which handles cases such as conservatorships for the elderly and disabled.   Its function is to protect the public by guarding the person and estate of a person who cannot take care of himself/herself.

When does the Public Guardian get involved?

The Public Guardian (also referred to as the PG), gets involved when there is a call or referral from several different sources.  Its referral sources are usually the hospitals nursing homes, the elder abuse hot line, banks, credit unions, financial institutions, and neighbors.  In short, all persons who are deemed mandatory reporters may refer to the Public Guardian.  People call the Public Guardian usually when someone is subject matter of elder or disabled person’s abuse.

What are the benefits of the Public Guardian?

The Public Guardian does not take sides.  It is simply an entity that takes over the assets of the person and manages their care.  The Public Guardian’s actions in a conservatorship case, are supervised by the courts in Los Angeles.

What are the common problems of involvement of the Public Guardian in Conservatorships?

The Public Guardian is overwhelmed with cases.  It takes too long to investigate the case or to file conservatorships because of the lack of resources available to them.

How to avoid the involvement of the Public Guardian?

By calling us, we can guide you to how to avoid the involvement of the Public Guardian in most cases.  It is always better to have a family member or a professional take care of someone, rather than the government.

Are you having trouble with the Public Guardian?

Call Mina Sirkin, Conservatorship attorney in Los Angeles at 818.340.4479 if you have questions about whether the Public Guardian in Los Angeles should be appointed in a case, and how to best determine if that is the best route to take care of the elderly.


When to hire a Probate Expert in your Probate Case

How do you know when to hire a probate expert in your probate case?  You should hire someone with more than 25 years of probate experience when there are disputes among family members as to how to handle the assets of the estate.

Complications can arise in sales of probate property when one or more family members live in the property.   When a sibling asks another family member to move out of the property, this request brings with it, feelings of animosity, a power play, and past feelings that have remained unresolved.   When a neutral asks a family member to move out, there are no past feelings involved.  The decision is one of simple economics.  If there is a fight, everyone loses.

Experts in probate know have in their tool box of experience, many creative ways to resolve probate and trust disputes.  Younger lawyers lack the basic understanding of creative solutions and will often take a case to trial, because they simply do not have creative solutions as part of their experience.  When a case goes to trial, in most cases, all beneficiaries lose.

When a probate or trust case is large, the case requires tax expertise.  Hiring a tax expert in probate can save you thousands of dollars and much headache in settlement solutions.  Skillful planning requires training and professional savvy in probate and trust law by a qualified attorney.

Call Mina Sirkin, Probate Expert with over 26 years of experience in handling probate and trust litigation and dispute resolution. Call our Probate Expert at 818.340.4479 or email Info@SirkinLaw.com.


Los Angeles probate attorney advises about when co-executors have a dispute

When Co-Executors Fight…

When co-executors have been appointed to manage assets of the estate, it is very common that disputes arise which need to be handled.  Unfortunately, it frequently puts the Los Angeles probate attorney in a conflict, when a dispute arises and the lawyer represents both co-executors, it creates a conflict of interest for the lawyer and brings the estate to a halt. The lawyer is then forced to advise each of his/her co-executor clients to seek separate counsel.

This can happen when the co-executors are also beneficiaries.  It can also happen when the co-executors are just administering the estate.   Examples of disputes among co-executors are as follows:

  1.  Disputes about the sales price of the home.
  2.  Inventory disputes.
  3.  Rent collection disputes.
  4.  Reimbursement disputes.
  5.  Accounting Disputes.

What are some simple solutions to co-executor disputes?

Here are some of the things a co-executor can do to resolve the disputes with another co-executor:

  1.  Sit down and talk.
  2.  Go to mediation.
  3.  Have a neutral executor appointed, such as a professional fiduciary.
  4.  Agree to submit the matter for a Petition for Instructions to the court.
  5.  Agree to submit the disputed items to a probate arbitrator.

What really happens when co-executors fight?

When two co-executors fight, they cannot be represented by one lawyer.  Ultimately, each will have to seek separate probate lawyers which increases the inefficiency in managing the probate estate and the potential cost of litigation.    Selecting an informal tie-breaker before co-executors are appointed can help in managing and resolving potential disputes.  If you are a co-executor, we encourage you to sit together and come up with a plan on how to resolve any c-executor disputes.

If you are having trouble with another co-executor, call Mina Sirkin, probate attorney in Los Angeles who is a Board Certified Specialist helping people resolve probate disputes.  Call 818-340-4479 or Email.

Conservatorships for Disabled with Alcohol or Drug Use, or Developmental Disabilities

Conservatorships for Disabled with Alcohol or Drug Use, or Developmental Disabilities in California

Sirkin Law provides professional conservatorship services for families with incapacitated members or those suffering from alcoholism or drug use.

When a parent did not set up a trust or designate a conservator or a disabled child, the child’s medical care and financial decisions are left for others to decide.   This is often not consistent with the wishes of the parent who was the primary caregiver for the disabled child.

The selection or nomination of the  conservator of a disabled child can be made in a will, or in a separate document.  Picking a conservator requires the parent to think of many things, such as:

  1. Who will make the decision regarding where the disabled child will live.   Residence issues can get complicated when a disabled person is a consumer of the Regional Center, as different Regional Centers offer varying services.
  2. Who will make decisions for the health care and medical needs of the proposed conservatee is the conservator of the person.
  3. Who will make financial decisions for the proposed conservatee is the conservator of the estate.
  4. The conservator of the person does not have to be the same person as the conservator of the estate for the special needs person.
  5. In most cases, the SSI, Regional Center respite and IHSS benefits do not require a conservatorship of the estate, unless there is a dispute regarding the suitability of the representative payee.
  6. Social Security has forms for designation of the representative payee of SSI, which falls outside of conservatorships.
  7. A parent can set up forms to leave authority to another person make financial and medical decisions for not only himself or herself, but for a disabled child with developmental or other disability.
  8. Mina Sirkin is a conservatorship attorney with over 25 years of experience filing conservatorships petitions and nominations in the Los Angeles court.
  9. As a PVP attorney, Mina Sirkin is often appointed by the court to represent the proposed conservatee in his or her interest.
  10. When it comes to advice to the conservator, we counsel conservators about the duties of the conservator in California. Conservatorship estate management requires books and records to be set up from the start of the case to prepare the conservator for court required accountings.   The appointed conservator must account at the first year anniversary of the conservatorship, and every two years thereafter, unless the court requires a more frequent schedule.  This close review is the conservatorship process by which the court determines whether or not the conservator should continue to act.
  11. As one of the duties of the conservator, he or she must find, locate and marshal the asset of the conservatee. This is solely for the benefit of the conservatee and the conservator must not obtain any personal benefit from those assets. Where there are questions about assets, the conservator must file a petition for instructions to obtain the court’s approval of his or her actions.
  12. Conservatorships for alcoholic and drug disabled individuals can often result in clean up and rehabilitation of those with specific disabilities.
  13. Care management is a large part of the conservatorship disputes. When a conservator is both a conservator and a caregiver, the court should set an amount for caregiving as opposed to conservatorship tasks, so that there are no overlaps in what the conservator does, and the caregiving fees. Caregiving fees when ordered can be paid before the conservatorship fees are ordered, and are often the source of conflict in families.
  14. Conservatorship services and caregiver services are in fact two different things and there should be distinction between the types of services in the conservatorship order.

When initiating a conservatorship in Los Angeles, if you are someone other than the parent of the proposed conservatee, you must obtain a nomination from the parent, as the parent has priority in appointments in conservatorships.

Consult with Los Angeles attorney Mina Sirkin regarding the importance of conservatorship care management orders for protection of both the conservator and the conservatee, and to avoid unnecessary conservatorship litigation.   We have access to hundreds of professionals who serve the conservatorship area and will readily share that information with our clients.  Call 818.340.4479 or Email.

Call our conservatorship paralegal to set an appointment for you to discuss your conservatorship solutions with our specialist lawyer.    We serve all of Sourthern California, but specifically: Los Angeles, West Los Angeles, Glendale, San Fernando Valley and Conejo Valleys, as well as Orange and Ventura County.

Petition to Determine Invalidity of Trust or Amendment

In California, if a beneficiary of a trust believes that the circumstances around the execution or signing of a trust or amendment were unusual, a beneficiary or heir at law can petition the court to determine that the trust or amendment is invalid.

What are the grounds for the court to invalidate a trust or amendment?

If you would like to know how to invalidate a trust amendment, you must first be able to determine if there are sufficient grounds to do so.  The grounds are factual basis or reasons for the court to set aside the trust or amendment.   Some of the grounds are lack of capacity, undue influence, forgery or fraud, among others.   The trust instrument can contain a no contest clause which bears on what is considered to be a contest if you file such a petition to invalidate the trust or amendment and you lose.  This is a risk by the person who files such a petition which should be evaluated before filing.

How can a trust litigation attorney help in Trust Petitions?

A trust attorney can start the negotiation for settlement of a case long before filing any petition.  However, once a Trustee’s Notification (called Probate Code 16061.7 Notice) has been given, the time period for filing a trust contest is very limited.   If you receive such a notice from a trustee, you must immediately act to have the trust reviewed with a competent trust litigation attorney.

Why hire Sirkin Law Group as your trust litigation lawyers in Los Angeles?

We have over 25 years of experience in Los Angeles Probate and Trust Litigation matters. Our trust litigation attorney is Board Certified as a Specialist in Probate,Trust Law and Estate planning.   Our firms does not practice other types of law.   We are dedicated to trusts, estates and conservatorship and appear in our local Los Angeles Probate Court several times per week.  Mina Sirkin has been a legal expert to many media outlets such as CNN, MSNBC, Inside Edition and others regarding trusts and celebrity inheritance disputes.   We keep up with all California and local probate and trust laws in Los Angeles .  We have recovered millions of dollars in inheritances from trusts and are well-versed in financial elder abuse cases.   Call Mina Sirkin, 818-340-4479 in Los Angeles for a complimentary Trust Litigation consultation .