Firm partner, Yasha Bronshteyn, attended the Ex-Parte Probate Court Program Presented by Trusts and Estates Section of the Los Angeles Bar Association at the Stanley Mosk Courthouse 111 N. Hill Street, Los Angeles, California. Speakers included the Honorable Judge Daniel S. Murphy, Los Angeles Superior Court of Department 29. Additional speakers concerning Ex Partes, drop-off Ex Partes, Urgency, Irreparable Harm Issues, Procedures, and Orders were Regina E. Esteras, Los Angeles Superior Court, Probate Department and Darciann Horton, Los Angeles Superior Court, Probate Department.
In Court news it appears that the Stanley Mosk Courthouse will add two more probate Judges in early 2015. In addition, Judge Maria E. Stratton will take over as the presiding Probate Judge on January 1, 2015.
At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, undue influence matters, trust contests, as well as other types of family law issues.
The issues in connection to the conservatorship are clear at times:
1. Is Proposed Conservtaee able to properly provide for his/ her personal needs for physical health, medical care, food, clothing and shelter? Cal. Prob. Code § 1801(a).
2. Is Proposed Conservtaee substantially unable to manage his/her financial resources or to resist fraud or undue influence? Cal. Prob. Code § 1801(b).
CONSERVATORSHIP OF THE ESTATE
There are two situations where a conservator of the estate may be appointed: (1) one who is
“substantially unable to manage … her own resources,” and (2) one who is “substantially unable to . . . resist fraud or undue influence.” Cal. Prob. Code § 1801(b).
Under a conservatorship estate, a conservatee is presumed to lack capacity to contract, to sell, transfer, or convey property, to make gifts, to incur debt, to delegate powers, to waive any rights or to serve as a fiduciary. Cal. Prob. Code § 2870, 1872. However, a conservatee is presumed to have the capacity to make medical decisions (Cal. Prob. Code § 2354) unless the court finds, pursuant to a petition requesting that the conservator have exclusive medical power under Cal. Prob. Code § 2355, that the conservatee lacks the capacity to give informed consent to any form of health care.
We are here to help you and your loved ones 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, Contra Costa County, Hayward, Encino, Hidden Hills, Irvine, Lake Sherwood,Malibu, Oakland, Oxnard, Pacific Heights, Palo Alto, Pasadena, Russian Hill, San Francisco, Santa Barbara, San Mateo, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, Westwood, 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, or (415) 465-6555 in San Francsico, or by using our online contact form.