Los Angeles Trust and Probate Litigation Attorney, SirkinLaw

Conservatorship for Elderly in Los Angeles | Sirkin Law Group | Attorneys Lawyers

Cognitive deficits in the elderly often lead to Conservatorships in Los Angeles.   Although many people plan their estates and prepare power of attorney documents, their plans are not always followed due to various circumstances.

When a person is elderly, or has dementia, family members, friends or neighbors take it upon themselves to assist the elderly.   While all starts with good intentions, sometimes family members get caught in the emotional throws of caregiving vs. control over the elderly.

Many times, dementia patients and families all grieve the loss of health when a diagnosis is made, yet seek avenues to take care of the elderly's affairs without legal consultation which creates unpredictable results.   There are a number of legal tools and documents that can help ease the stress and the loss which families face.  Our Conservatorship attorneys in Los Angeles can help create predictability as soon as you are ready.

What you need to know:

1.  Get support.   More than 5 millions Americans have been diagnosed with Alzheimers or dementia.   There are lots of resources which can help families with dementia or Alzheimers.   Each local community has a chapter of the American Alzheimer's Association (Alz.org) which can provide lots of good information, with whose members you can exchange thoughts.

2.   Power of Attorney v. Conservatorship:   When the disease is at its early stages, creating an Advanced Health Care Directive, and a Durable Power of Attorney for Asset Management, can work as preventative legal care to avoid a conservatorship in court, but determining capacity via a physician is necessary.  The Advanced Health Care Directive is free here to download.   When dementia or Alzheimer's is in its late stages, and the elderly person does not have the ability to understand the consequences of these documents, the only other avenue is a Conservatorship.

3.   What about Wills or Trusts?    If there is serious doubt about capacity of the elderly, a capacity declaration should be obtained from a doctor to determine whether it is appropriate to create the will or trust now, or to do it with a court order.

4.   Bring and inventory of assets to the lawyer:   In preparing for a conservatorship, a quick inventory of the assets of the elderly is necessary to prepare the petition.  Bring a quick inventory with you.

Why us?  We have solutions.

Mina Sirkin, is a nationally recognized elder law, dementia and probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group's Glendale office can assist you and your loved ones.   Call: 818.340.4479.  Our Los Angeles, Glendale and Pasadena Offices can set an appointment for you regarding Conservatorships.

Los Angeles Conservatorship Attorneys

Conservatorship Los Angeles

Los Angeles Conservatorship 

Glendale Conservatorship Attorney

 

Conservatorship Mediation Los Angeles

CONSERVATORSHIP MEDIATION LOS ANGELES 

Benefits of Mediation in Conservatorship Cases:

1.   Mediation is a method of resolving probate cases outside of court, without a trial.     At trial, one person wins, and one person loses.    That result can be avoided by mediating conservatorship matters.

2.   Mediations save money for parties involved in conflict, because mediation generally costs $5,000 -$6,000 per day, while litigation costs thousands of dollars per month.   Most mediations resolve in one day.    Most families are not aware of the high cost of litigation.   While most children want what is best for the parent, at times, past issues among siblings prevent in court resolutions, as it takes nearly a year to get to a trial in Los Angeles County.

3.   Mediations reduce stress.   Mediations can avoid the stress of countless court hearings, and long depositions.

4.   Mediations take the decision-making away from the Court and put it in the hands of the parties to come to an agreement.    If your elderly parent is the subject of the conservatorship, going to mediation can take away the stigma of a conservatorship for an elderly adult.

5.   Mediation agreements can be reduced into stipulated orders very quickly.    Once you resolve your case in mediation, the agreement can be filed with the court, or put on the record orally to end litigation involving the selection of the conservator or other issues pertaining to accountings or actions of the conservator.

6.    Mediations leave nothing to chance.   All matters are collaboratively agreed upon, and judges and juries do not make the decision for you unless you specifically ask for it.

7.    Mediations allow the parties to vent and be heard by a neutral.    At trial, there is generally no opportunity to say what is on your mind.   Trials are conducted by a question and answer session.   Many times, there are issues that a petitioner or objector would like the judge to know, but which never get heard.   At mediation, those issues can be discussed with the mediator.

8.    Mediations are confidential.   What is said in a mediation is not disclosed and not discoverable, unless it would normally be discovered during regular discovery.   The successful results of the mediation is however admissible as is a mediation settlement agreement when the parties so provide in the agreement.

9.    Mediations save estates and conservatorships for the elderly and their children.     Once the mediation is concluded, the costs of litigation are minimized and all of the conservatorship assets are then preserved for care of the elderly.

 

TYPES OF CASES WELL SUITED FOR RESOLUTION IN MEDIATION: 

Contested Probate and Trust matters

Contested Conservatorships 

Call us for the best way to handle your Conservatorship Mediation Case in Los Angeles.  818.340.4479.   Mina Sirkin, Certified Specialist, Probate, Estate Planning and Trust Law.  Conservatorship Mediation Los Angeles.   More information re Cosnservatorships in Los Angeles.

Conservatorship Los Angeles: How to Apply for Conservatorships in Los Angeles

Los Angeles Conservatorship Attorney, Mina Sirkin advises clients regarding Conservatorship and Guardianship procedures and requirements.

Applying for appointment as a Conservator begins with a Petition.   The Petitioner is required to post a bond and supply confidential information about the Conservator to the court.  For example, a Petitioner in a Conservatorship Petition in California, is to disclose criminal history or any adverse interest against the proposed Conservatee.  Conservatorships in California are equivalents of Guardianships in other states.

Becoming a Conservator of the person and estate requires that the Conservator sign "Duties of Conservator" and be familiar with the handling routine conservatorship matters.   An accounting will be required of the Conservator and accurate records, including financial statements of the conservatorship estate.

To obtain further information regarding Conservatorships, contact Mina Sirkin, Conservatorship Attorney in Los Angeles.  Mina Sirkin is a Los Angeles Certified Specialist Attorney in Probate, Estate Planning and Trust Law by the State Bar of California.  Tel.: 818-340-4479. http://www.SirkinLaw.com.  Conservatorship Los Angeles; Los Angeles Conservatorship Lawyer.