A substituted judgment petition in Los Angeles directs the Conservator to do a few things on behalf of a disabled person who has a Conservatorship case in probate court. Our Woodland Hills Elder Law Attorney can help your family.
With a Substituted Judgment Petition, a Conservator can do the following:
- Make a Will or Trust (Revocable or Irrevocable Trusts);
- Give a gift of principal or income, or both, of the estate, outright or in trust.
- Transfer, convey or release the conservatee’s interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety.
- Exercise or release the disabled person’s powers as donee of a power of appointment.
- Enter into many different types of contracts.
- Transfer assets to a trust created by the conservator or conservatee.
- Exercise options in securities.
- Change beneficiaries on accounts or policies.
- Exercise the rights of the disabled person in someone else’s will or estate.
- Exercising disclaimers.
- Modify or revoke a revocable trust or giving up the right to revoke or modify a revocable trust, unless the trust provides restrictions on this as to a conservator.
- Making elections referred to in Section 13502 or an election and agreement referred to in Section 13503.
- Making or revoking a revocable transfer on death deed.
- Other actions.
Substituted Judgment proceedings are a good way to prevent elder financial abuse. If you have objections to a substituted judgment petition or wish to establish or contest a substituted judgment petition in California, we can help you.
Mina N. Sirkin, Board Certified Specialist Attorney in Trust and Probate
Law in Los Angeles Ca handling
Contested Substituted Judgment Petitions in California