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Clients in Los Angeles often ask us whether they need conservatorship for an elderly or disabled parent, or a disabled child.
Below is a checklist we have developed to help you make the decision when there are no power of attorney documents in place:
1. Can he or she properly administer medication to himself or herself?
2. Can he or she understand the consequence of making a medical decision?
3. Can he or she provide food or shelter for himself?
4. Is he or she easily influenced by others to give away his or her money?
5. Are there signs that he or she cannot be safe when left alone at home?
6. Is he or she bathing himself or herself?
7. Does he or she wear clean clothes or wash his or her clothes?
8. Are there bills that are unpaid?
9. Is he or she forgetful of recent events?
10. Are there people who are trying to take financial advantage of him or her?
CAN I GET A CONSERVATORSHIP IF THERE IS A POWER OF ATTORNEY IN PLACE?
Yes. Power of attorney documents can be suspended or revoked by the court. You can appoint a conservator, and ask that the court suspend the agent under a power of attorney for good cause. An agent under a power of attorney can be forced to account for the assets of the person which they handle.
WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?
1. Check to see if there are Advanced Directives and power of attorney documents in place.
2. Call Sirkin Law Group at 818.340.4479 and ask for a call assessment regarding your case.
3. Ask us to give you a Capacity Declaration to be completed by a physician. If your loved one will not submit to a doctor's examination, please call us.
4. Gather a list of medications and assets of your loved one. Be sure to read our article regarding aging parents.
5. Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.
Mina Sirkin, Los Angeles Conservatorship Attorney at 818.340.4479. Our attorneys serve the Los Angeles, Glendale, Pasadena, Santa Monica, West Los Angeles, Venice, Marina Del Rey, Woodland Hills, Calabasas, West Hills, Tarzana, Agoura, Chatsworth, Northridge, Canoga Park, Winnetka, Encino, Sherman Oaks, Burbank, North Hollywood, and Westlake Village areas. Conservatorship Attorney Los Angeles.
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