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Conservatorships Litigation Lawyers help prevent loss to the elderly and recover assets for the conservatorship estate.
WHEN IS A CONSERVATORSHIP NEEDED? When a Conservatorship is created for a Burbank resident, it gives the necessary power to a person called a Conservator to care for an ill person who cannot help care for himself or herself. The ill person is called a conservatee, indicating that he or she is a person who requires protection. Does a conservatorship have to be established by the court? Yes. If you have a loved one in Burbank who needs help, it is necessary to have a judicially created relationship where an adult is given the legal authority and responsibility to care for another adult. Where a valid power of attorney cannot be obtained and does not exist, the conservatorship may be suitable, but the suitability must be explored first. Our Conservatorship lawyers can assist persons near or in Burbank with the conservatorship process and in planning for the well-being of your loved ones.
How to tell what type of conservatorship is necessary? Talk to us about the differences.
In general, Conservatorships in Los Angeles County can be three basic types:
1) Conservatorship of the person; 2) Conservatorship of the Estate; and 3) Conservatorship of person and estate.
There are several other types of Conservatorship matters also available such as LPS Conservatorships (mental health) and Developmentally Disabled (Limited) Conservatorships.
Who normally files for a Conservatorship?
Generally, spouses, children, relatives, friends, the public guardian, and professional fiduciaries.
If there are several persons who have filed competing petitions for conservatorship requesting that each becomes the conservator, the court will decide who shall become the conservator. Preference rules exist for making such a determination. Contested Conservatorship proceedings can take long and may result in a trial.
A conservatorship must continue until the court orders the conservator relieved from his or her duties. This can happen if the conservatee dies; if the estate is used up; if the conservatee regains his or her capacity; or if the conservator becomes unable or unwilling to act. In the last situation, the court will assign a successor conservator.
Conservatorships are intended to last as long as the Conservatee is alive, and should only be used when absolutely necessary. Candidates for conservatorships are usually elderly or disabled. Some conservatees may have Alzheimer's disease, dementia, Parkinson's, autism, or other diseases. Once a Conservator is appointed, the Conservator can ask the Court for authorization to do estate planning, or to sell a property.
PROTECTION FOR THE PERSON AND ESTATE OF ELDERLY AND DISABLED WITH A CONSERVATORSHIP
Conservatorship proceedings and actions of conservators are court-supervised and are protective steps to consider for your family.
Conservators of estate are bonded which bond insures the recovery to an estate in the event the assets are lost through a breach of fiduciary duty by the Conservator.
Family members are given notice of the proceeding and financial records of the conservatee are summarized in an accounting filed with the court.
When a Conservatee needs psychiatric medications, the Court reviews a doctor's declaration regarding the need for the medication. The ability of the Conservator to administer dementia medication depends on the court's approval of administering such medication.
When a Conservator wants to sell real property or purchase real property, the court must give permission for such a transaction, especially when it involves moving the Conservatee from his or her home.
A PVP attorney is sometimes appointed for the Conservatee. The role of this type of attorney is to advocate the wishes of the proposed conservatee when there is litigation, or when the rights of the Conservatee are affected. We have served Burbank California residents since 1992.
What is a Contested Conservatorship or Conservatorship Litigation matter?
Contested Conservatorship and conservatorship litigation matters often involve any of the following situations:
1. Objections to the initial appointment of a particular person as a conservator.
2. Removal of an existing Conservator for good cause.
3. Actions requesting appointment of a successor conservator to which others object.
4. Disputes involving contested conservatorship accountings.
5. Determination of a undue influence on an elderly or disabled person.
6. Objections to actions by Conservator including substituted judgment actions and trusts.
7. Family mediations helps in determining who will be the best conservator.
8. Requests to terminate a conservatorship or modify powers in a conservatorship are done in probate court and involve PVP attorneys.
9. Determination of rights to assets and disputes relating to ownership and title.
10. Petitions to create wills or trusts in a Conservatorship (called Substituted Judgment Petitions).
11. Conservatorship trials.
Call the attorneys who care about Burbank and its elderly and disabled. Our Specialist conservatorship attorney is ready to serve Burbank Ca residents with Conservatorships. In Burbank, call us at 818.340.4479 for more information, a free consultation on conservatorships and contested conservatorship and conservatorships litigation. Burbank Conservatorship Attorney.
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Probate Attorney Los Angeles, Probate Litigation, Trust Litigation, Conservatorship Litigation, Estate Litigation, Estate Planning Los Angeles
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