On November 15, 2016, firm partner and trust litigator, Yasha Bronshteyn attended the 2016 Legislation Program sponsored by Beverly Hills Bar Association – Trusts and Estates Section. An informative event put together by the Beverly Hills Bar Association Trusts & Estates Section. The focus was on trusts, conservatorships, and probate estates.
A conservatorship is generally established for the care of mentally or physically disabled individual. Often conservatorship are associated with our aging population and disease such as Alzheimer’s or cognitive deficits such as dementia. Limited Conservatorships are a subset of conservatorships for developmentally disabled individuals. On the other-hand a guardianship is provided for the care of minors. Unfortunately, with the aging population the financial abuse of the elderly is a quiet and common occurrence. Seeking a conservatorship may be an effective method of protecting an older individual from financial abuse of a stranger or family member.
Among new bills in 2016:
AB1836 Mental Health; conservatorships Amends Section 5350.5 of Welfare and Institutions Code. Mental health evaluations 1. Authorizes the court, if a conservatorship has already been established under the Probate Code, to refer the conservatee for an assessment by the legal mental health system or plan to determine if the conservatee has a treatable mental illness, including whether the conservatee is gravely disabled as a result of a mental discorder or impairment by chronic alcoholism, and is unwilling to accept, or is incapable of accepting treatment voluntarily. This is part of the procedure for certain persons to recommend a Welfare and Institutions Code conservatorship to the officer providing conservatorship investigation. If the conservatee cannot afford counsel, the court shall appoint counsel for him or her pursuant to Section 1471 of the Probate Code.
SB 1284. Human remains: conservator of the person or estate. Amends Section 7105 of the Health and Safety Code. Disposition of remains. Adds a conservator of the person and a conservator of the estate to the list of persons for purposes of relinquishment or petition to the court for determining priority as to control of the disposition of remains
A qualified legal professional is required for a person acting as a Conservator. We are experienced in obtaining and defending against conservatorships.
Our experienced Los Angeles conservatorship attorneys are here to help clients in Santa Monica, Orange County and throughout Southern California defend their rights under the law. With a presence in Northern California and Southern California the Law Office of Ginzburg & Bronshteyn, LLP is dedicated to providing efficient, effective, strategic, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other types of family law issues. We are here to help you and your loved ones. To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Berkeley, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Malibu, Marin County, Oxnard, Pasadena, San Francisco, Santa Barbara, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles,Westlake Village, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. If you or someone you know is dealing with a dispute over the administration or execution of trust or estate in California, you should contact an experienced trusts and estates litigation attorney to ensure your interests are represented. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. If you have questions about a loved one’s mental capacity, call the law firm of Ginzburg & Bronshteyn, LLP at (310) 914-3222, (415) 465-6555, or (818) 787-1011, or reach us by using our online contact form.