California Probate Code 1801 sets the standard for whom a conservator may be appointed. “(a) A conservator of the person may be appointed for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter, except as provided for the person
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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
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4 Uses for a Durable Power of Attorney for Financial Management A “Durable” power of attorney is a form that when signed, gives the powers of the principal to the agent. It can be broad or narrow, depending on the wishes of the principal of the power of attorney. What
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Complex probate situations are very common in California inheritance cases, says Mina Sirkin, a Los Angeles Inheritance Attorney whose advice is frequently sought in estates and trusts. Difficulties in estate distributions range from a failure to distribute (also called a failure to administer), to outright theft by the trustee
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Notice in conservatorship in California is of great importance. The Probate Court requires that the person who files to get a conservatorship, must give notice of the hearing in writing, via a special form which can be found on the Los Angeles Superior Court’s website at the following link. Notice
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Many Los Angeles Conservators or Co-Conservators come across situations where a decision can impact their ability to act as fiduciaries. In some situations, a Petition for Instruction may be filed by a conservator or other party asking the court to instruct the conservator to act in a particular manner. Ca
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Conservatorship Definitions CHAPTER 1. Short Title and Definitions [1400 – 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) GUARDIANSHIP-CONSERVATORSHIP LAW CALIFORNIA In this post, you will find some of the definitions in the conservatorship area in California, which are used in the Probate Code. 1400. The portion
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Many people who are conserved wish to terminate a conservatorship in Los Angeles which was set up many years ago. There are many situations when a probate judge may be inclined to terminate a conservatorship. Here are some of them: a. The conservatee has been restored to capacity. This means
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Trusts and Estates A probate court’s finding that the executor of an estate had good cause to oppose a petition necessarily subsumes its determination of the assistance that will be necessary because a court cannot appropriately assess whether good cause exists to allow an executor to participate in an action
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If you have received a notice regarding an OSC hearing from the probate court, chances are that there is a significant problem with your probate case. There are ways we can help the OSC situation, but first you should learn about what an OSC is in probate. What is an
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