Conservatorship Attorney

Role of a Conservatorship Attorney in Management of Estates in Woodland Hills

As an attorney in Woodland Hills who has practiced for more than 26 year in the conservatorship area, my role is to  handle management of estates of individuals who no longer can financially protect themselves.   Many times the problems start with late payment of bills, and lead to no payment of bills.   Some of the risks of dementia, Alzheimer's and other diseases that affect a person's cognitive ability, include the following:

  1. He or she cannot remember what bills exist.
  2. A mortgage payment may be thought of as having been paid, and may not be actually have been paid, which creates a foreclosure risk.
  3. Caregivers may go unpaid, or may get paid more than they have contracted.
  4. The elder may be approached by unscrupulous individual who may offer to fix the house and much above market rates.   Many times, the owner of the how may end up with sub-standard work, or unfinished work on the house and a mechanic's lien which should have never been placed on the property.
  5. At some point, self-help tools go away when there is cognitive decline.

How do we serve people who need conservatorships in Woodland Hills?

Children often contact us when their parent refuses help or needs help.   The simplest ways are always best before we approach filing a conservatorship for Woodland Hills residents.   If there is sufficient capacity to do estate planning, we use that as the first course of action.

Best Resources in Woodland Hills Conservatorships:

We are attorneys who are some of the best resources in dealing with conservatorships in Woodland Hills and the San Fernando Valley.   With over 26 years of experience in the LA Courts, our clients count on us to get the conservatorship petitions to the court and granted so that they can protect their loved ones.   We also have relationships with care managers and professional fiduciaries who can help fill in those roles when family members are overwhelmed with those tasks.

Call Attorney: Mina Sirkin, for Woodland Hills Ca Conservatorship and Elder Care Management issues at 818.340.4479.  We handle all aspects of probate and conservatorships in Los Angeles County.

To learn more about our probate and conservatorship services in Woodland Hills and Los Angeles, see our website here:  Probate and  Conservatorship.

Other articles of interest: 

What happens after a conservatorship ends?

Conservatorship as Protective Measures in Family Disputes

Wills for Disabled Persons by Woodland Hills Conservatorship Attorney

 

 

 

 

 

 


What happens after a conservatorship ends?

The end of a conservatorship proceeding can come anytime before the death of the conservatee, or as a result of the death of the conservatee.  

What happens next after a conservatorship ends?  Any assets left in the hands of the conservator must be turned over the the estate personal representative.   But before that happens, the Conservator must file a Petition for Final Account.   In that petition, the conservator will ask the court for authority to hand over the remaining assets to the personal representative.

If a conservatorship ends during the life of the conservatee, it is terminated by the court.  In that case, proper estate planning or a special needs trust may be used to avoid a possible future conservatorship.

What if there is no personal representative appointed?

The court may continue the conservatorship hearing, until such time as someone is appointed to receive the balance of the assets after death.   If the total assets do not exceed $150,000, the Conservator may upon a relative submitting an affidavit of small estate, and the passing of 40 days after death, to ask the court to distribute that informally.

Do you need Conservatorship advice?   If you would like to learn more about what happens after a conservatorship ends in Los Angeles, contact our Woodland Hills expert conservatorship lawyer, Mina Sirkin at 818.340.4479 or email: Info@sirkinlaw.com.  For a referral to a private conservator, contact us.

To learn more about our probate and conservatorship services in Woodland Hills and Los Angeles, see our website here:  Probate and  Conservatorship .

Other articles of interest: 

Role of a Conservatorship Attorney in Management of Estates in Woodland Hills

What happens after a conservatorship ends?

Conservatorship as Protective Measures in Family Disputes

Wills for Disabled Persons by Woodland Hills Conservatorship Attorney

 

 

 

 

 

 

 


Conservatorship as Protective Measures in Family Disputes

Have you ever heard a story involving a conservatorship, or had a family dispute involving care of an elderly family member which lead to a Conservatorship proceeding?  Helping your aging parents can sometimes be difficult.

The stories are many.  Most of the Conservatorship stories involve one parent who is incapacitated.   Common themes in conservatorships are:

A.  The incapacitated parent does not want to be conserved.

B.   A child or sibling is influencing the parent to dispose of assets in his/ her favor.

C.   A child or sibling is influencing the elderly parent to create a will, or trust, or to modify an estate plan, in his or her favor.

What do judges do?

Judges in La County courts who regularly hear these types of conservatorship stories, have seen and hear all sorts of variations of these scenarios.    Often, the result is the appointment of a neutral professional fiduciary where children do not get along.

Wisdom:   If you are in a situation such as the above, nominating a professional fiduciary is a good way of resolving family care matters in conservatorship cases.    Read our article about many ways to prevent elder financial abuse in Los Angeles County.

If you want to take advantage of a conservatorship as a protective measure in a family dispute, call attorney Mina Sirkin, Specialist in Conservatorship Attorney law in Los Angeles and Woodland Hills.  818.340-4479 or email Info@Sirkinlaw.com.  To learn more about conservatorships and how they can help your parents, see our website here.

 

 


Wills for Disabled Persons by Woodland Hills Conservatorship Attorney

WILLS FOR DISABLED PERSONS -WOODLAND HILLS CONSERVATORSHIP ATTORNEY

Mina Sirkin, a Woodland Hills Conservatorship Attorney explains Wills for Disabled Persons.   People who are not familiar with the process of making a will for disabled persons, often think that you cannot create a will for a disabled individual.   That is a myth.

First, you have to determine if the disabled person has capacity to make a will.  This is called testamentary capacity.   The threshold for Testamentary capacity is not very high.  It merely requires the person who executes the will to know his or her assets, and to be able to identify his family members, or natural objects of his/her bounty.

HOW DO WE DETERMINE IF SUFFICIENT TESTAMENTARY CAPACITY EXISTS?

Because we need an expert opinion, we ask a psychiatrist, psychologist or neurologist to examine the person who wants to make a will.    The report of of the doctor regarding capacity will tell the lawyer whether a will can be made normally, or whether the will needs to be made in a conservatorship case.

IS CAPACITY THE ONLY THING YOU NEED WHEN YOU MAKE A WILL FOR A DISABLED PERSON?

Not exactly.  A process for person who makes a will should be free of undue influence of others, mistake, or fraud.   As lawyers, we ask lots of questions about the circumstances of the person who wants to make a will.   If the person lacks capacity, the court can monitor the making of the will in a substituted judgment petition proceedings.

WHAT SHOULD YOU ASK A CONSERVATORSHIP LAWYER?

When an older adult decides to make a will, he or she should visit an attorney to get advice.   The attorney makes the first call as to whether there is capacity to make a will.  Ask the attorney about the circumstances when a will can be made despite a diagnosis for the elder.   Our Elder Law attorney in Woodland Hills advises families in creating wills for disabled persons.

CONSERVATORSHIP & WILLS ATTORNEY IN WOODLAND HILLS

Mina Sirkin is a Conservatorship and Wills attorney in Woodland Hills and Los Angeles.  Call our Woodland Hills Conservatorship advisor at 818.340.4479 for a Free Probate Consultation in Los Angeles or email us at Info@SirkinLaw.com