On June 28, 2017, firm partner, Yasha Bronshteyn spoke at the program presented by the Beverly Hills Bar Association presented by the Family Law Section and Trusts & Estates Section. The Program – Until Death (or Children, or Exes) Do Us Part: Family Adventures in Probate and Estates, explored estate planning and probate issues that are of interest to a family law practitioner. The panel discussed when and what to advise a family law client regarding estate planning and how family law issues come up in probate court, including conservatorships, guardianships, role of minor’s counsel and determination of capacity.
Speakers:
Yasha Bronshteyn, Esq., Ginzburg & Bronshteyn, LLP
Sarah Broomer, Esq., Hinjosa & Forer, LLP
Moderator:
Alex Grager, Esq. CFLS, Feinberg, Mindel, Brandt & Klein LLP
On June 15, 2017, firm partner, Alexander R. Ginzburg attended the PVP Refresher Program presented by the Los Angeles County Bar Association-Trust and Estates Section.
This year’s three hour program provided an overview of the role which PVP (Probate Volunteer Panel) attorneys play and the duties they are expected to fulfill. This year’s program offered the Court’s perspective and seasoned practitioners’ insights on recent developments and issues which frequently arise in appointments, with specific focus on reasonable accommodations of clients’ disabilities at every stage of representation. This program was of interest to trusts and estates lawyers handling conservatorship matters.
Speakers Included:
Hon. David J. Cowan, Presiding Probate Judge L.A. Superior Court
Leah Hahn, Supervising Probate Investigator, L.A. Superior Court
Carole Morita, Law Offices of Carole S. Morita
Yolande Erickson, Bet Tzedek Legal Services
The Conservatorship is needed when a personal can not care of themselves or when they can not handle her own financial affairs.
The starting point for any mental capacity determination is Due Process in Competence Determinations Act found in Probate Code §§810 to 813, 1801, 1881, 3201, and 3204 (the Act). In 1995, the Legislature created the Act to clarify the legal capacity of a person who has a mental or physical disorder. The Act expressly states it broadly covers the capacity of such persons to perform all types of actions, “including, but not limited to” contracting, conveying, executing wills and trusts, marrying, and making medical decisions. (Probate Code, § 810(b)) “The mere diagnosis of a mental or physical disorder shall not be sufficient in and of itself to support a determination that a person is of unsound mind or lacks the capacity to do a certain act.” (Probate Code, § 811) Moreover, the Act declares there “exists a rebuttable presumption affecting the burden of proof that all persons have the capacity to make decisions and to be responsible for their acts or decisions.” (Probate Code, § 810(a)).
It is important to properly present the case and evidence to effectively persuade court that the conservatorship is appropriate. Similarly, in situation where a conservatorship is not the least restrictive alternative or the party trying to become the conservator is not well suited our offices are effective in objecting to the proceeding.
In a conservatorship proceeding with a former spouse Probate Code §1813 sets forth guidance. Probate Code §1813 provides that a spouse may not petition for the appointment of a conservator or be appointed as conservator unless the petitioner alleges, and the court finds, that the spouse is not a party to any action or proceeding against the proposed conservatee for legal separation of the parties, dissolution of their marriage, or adjudication of the nullity of their marriage. If the spouse is involved in such proceedings, the court may not appoint the spouse as conservator without a finding “by clear and convincing evidence” that the appointment of the spouse would, nonetheless, be in the best interests of the proposed conservatee. Probate Code §§1813-1813.1.
We are here to help you and your loved ones. To discuss your needs and discover your options, consult the Los Angeles incapacity, conservatorship, 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, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Marin County, Mission Viejo, Newport Beach, Oxnard, Palo Alto, Pasadena, San Francisco, San Juan Capistrano, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, Tustin, Ventura, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, (714) 280-0601 in Orange County or by using our online contact form.
Once again Conservatorships, while intended to exist for the benefit of the protected person, can sometimes become complicated and contentious. If you find yourself in a conservatorship that has become legally combative, consult the conservatorship attorneys at Ginzburg & Bronshteyn. Our experienced Los Angeles conservatorship attorneys are here to help clients in Santa Monica, Ventura County, Orange County, Northern California and throughout Southern California defend their rights under the law. To contact our skilled attorneys, please contact Ginzburg & Bronshteyn, LLP online or call us at (310) 914-3222, (714) 280-0601, or (818) 787-1011.