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.
Note: As of 2019, the term PVP has been changed to CAC in Los Angeles County, meaning court-appointed attorney.
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