Probate Litigation Attorney Blog

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:

Citing a new California law that strengthened the voting rights of people with developmental disabilities, the Judge Kelety, of the San Diego Superior Court, said the injured man, David Rector, may not be barred from the voting booth.  Mr. Rector lost [his voting] rights in 2011 when a conservator after a brain injury left him unable to walk or speak. The new standard for disqualifying a conservatee from voting is established by SB 589, most prominently in an amendment to Elections Code section 2208(a)3 , as follows: (a) A person is presumed competent to vote regardless of his or her conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and . . . [a] conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.

The Standard for a Conservatorship

• Clear and Convincing Evidence is required, “so clear as to leave no substantial doubt”

On June 21, 2016, Trust and Wills Attorney Yasha Bronshteyn attended the Beverly Hills Bar Association -Trust and Wills Section Presentation at Lawry’s of Beverly Hills to address the role of Probate Volunteer Panel counsel in trust and conservatorship matters.  As well as to discuss various California Rules of Court Concerning Conservatorships.

Judges from the Los Angeles Superior Court Hon. Maria E. Stratton (Department 5), Hon. William Barry (Department 67), Hon. Brenda Penny (Department 99) and Hon. Clifford L. Klein (Department 9) were in attendance.

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. We are experienced in obtaining and defending against conservatorships.  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.

This looks like an attempt at a potential conservatorship of Sumner Redstone the 92-year-old executive chairman of Viacom Inc. and CBS Corp.  However, at this juncture Mr. Redstone will not have to submit to a battery of medical tests to determine his mental competence as on November 30, 2015, Judge Clifford L. Klein, a Los Angeles County Superior Court Probate Judge, presiding in Department 11 denied a request by Redstone’s former girlfriend, Manuela Herzer, to speed up the legal process to determine whether Redstone is mentally fit to make decisions about his health. That would have required  to immediately give videotaped testimony and submit to brain scans, among other tests.

The Court appeared clear. “I did not find there was any urgency,” Superior Court Judge Clifford L. Klein told the courtroom filled with lawyers, reporters, publicists and others interested in the media companies that Redstone controls. “Mr. Redstone is not suffering from any critical health issues … other than his age,” Klein said. “But at 92 years old, conditions can change very rapidly.”

Judge Klein listed four factors that influenced his decision that the case did not constitute an emergency: Redstone’s personal physician visits him two times a week; Redstone has a round-the-clock team of nurses at his Beverly Park home; Redstone was not suffering from a critical health issue; and the agent in charge of Redstone’s advance healthcare directive was an attorney and the chief executive of Viacom: Philippe Dauman.