What is considered good cause for Temporary Conservatorships? Los Angeles

Have you wondered about what is considered good cause under the law to establish Temporary Conservatorships in Los Angeles?

Mina Sirkin attended a California training class for probate attorneys who are court appointed to represent conservatees in

Los Angeles and the following are excerpts from the PVP handbook for the 2018 training session:

Good cause for Temporary Conservatorships is established factually when:

  • A Conservatee is unable to manage his or her medical care.
  • A Conservatee is unable to manage his financial resources, and
  • Where immediate intervention is needed to secure the person and his estate until the final determination of the conservatorship.
  • Most importantly, urgency circumstances must exist and must be verbalized in the temporary petition.

Because temporary conservatorships are not appealable orders, once a temporary conservatorship is set up, and a temporary conservator is appointed, the balance of the case depends on the factual establishment of the contents of the conservatorship petition.

The showing must be by relevant and admissible facts.  The court must know the names of the players, and present and known risks must be displayed in the papers, in addition to what the consequence may be of waiting until the permanent conservatorship petition hearing.   Many factors play into the decision of the court:  Vulnerability of the conservatee, his or her medical condition, possible fluctuating capacity, deficits in mental function, the PVP’s report, as well as the court investigator’s report.

Some examples of facts may be:

A girl friend obtained a power of attorney, and there is a pending sale of the conservatee’s home.  The conservatee is unable to determine what a good decision is regarding his home.

Call Mina Sirkin to discuss conservatorships in Los Angeles at 818.340.4479 or email us at Info@SirkinLaw.com

Things to think about when hiring a trust lawyer in Los Angeles

When hiring a trust lawyer in Los Angeles, you should think about many factors.    The time in practice is most important in efficient management of trust litigation in Los Angeles County.   Whether you are involved in creating a trust, administering a trust, or litigating certain aspects of trusts, the way you pay trust attorneys is normally correlated to efficient time management by the attorney.

As for methods of payment for trust services in Los Angeles, trust administration fees are quoted on either an hourly basis, percentage basis, or flat fees.  As opposed to the administration of trusts, litigation of trusts by lawyers in Los Angeles is generally hourly or on a contingency method of fee payment.  Contingency cases are carefully evaluated as Los Angeles County trust disputes may take anywhere from one to four years to complete.

As of last week (Sept. 13, 2018), I was told that Department 67 for example, is setting trials for May of 2019.   That is a very short time in the relative time of litigated matters involving trust cases.  Mind you, the case had started in 2016.  So, the average case may take three years.   Clients often cannot withstand the financial fall out of fighting with family members over trusts or estates.    We highly recommend to our clients to determine the affordability of hiring litigation counsel in Los Angeles trust cases.   Our firm evaluates trust cases on contingency basis as well as on hourly rates.

Some of the factors to consider when hiring a trust lawyer in Los Angeles:

  1.  Exclusive practice in trusts.  Trusts and Probate cases are often connected.  You want to a lawyer who can determine the connection fast and act on each part of the trust or estate in a time efficient manner.
  2. Practice over 20 years.  If your proposed attorney does not have 20 years or longer of experience under his/her belt, the odds are that there are gaps in the information and not all types of litigation have been seen by her and him.
  3. Trust cases require being able to shift strategies in a drop of a hat.   If your proposed attorney does not have flexibility in how the case may end, of if he or she simply wants to take you a trial, run.
  4. Puffing is common among trust and estate lawyers.   Ultimately, the expertise in an area will have to be evaluated on a case by case basis.
  5. How you pay a lawyer should be documented from the start of the case, in writing, and payment arrangements and expectations should be discussed before you hire a lawyer.   Affordability of the case ultimately determines its success.

Want to talk to a lawyer about your trust case in Los Angeles? Mina Sirkin, trust attorney has over 26 years of experience in Trust law and is Board Certified in Trusts.  Contact us at 818.340.4479 to talk to an experienced trust lawyer in Los Angeles. LosAngelesTrustLawyer.com

Are you in the following cities and areas in Los Angeles County? Our attorney can help you with your trust, if you are located in Los Angeles County, Los Angeles areas, Woodland Hills, San Fernando Valley, Hollywood, Burbank and Glendale Ca.

 

 

 

 

What are the Seven 7 Limited Conservatorships Powers in California?

What are the Seven 7 Limited Conservatorships Powers in California?

Limited Conservatorship: If you are applying for a Limited Conservatorship in California, you should know that the following powers must be requested from the court, and unless the order includes them, the powers are not automatic:

(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.

If you are seeking a Limited Conservatorship attorney in Los Angeles, feel free to contact our attorneys at 818.340.4479, for conservatorship assistance.   Email: Info@SirkinLaw.com

 

Conservatorships for 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.  Normally, there are seven common powers given by the court in Limited Conservatorship cases.  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, are more restrictive of the disabled person.  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.

 

 

 

 

The Powers and Role of an Executor in California

In California, an executor is the person who manages 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.

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 the 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 our 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.

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