Sirkin Law Group. P.C.

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 [email protected].  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 [email protected]