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Home » Article » Details about the Conservatorship Features of LA Probate Law

Details about the Conservatorship Features of LA Probate Law

May 12, 2015Article, Probate

LA Probate Law includes a number of things. LA stands for Los Angeles. Laws of a particular state may be different from the other states. Suppose you are staying in California, then you will have to file your petition in the local court of California. If the deceased individual stayed in Los Angeles then the legal letters have to be submitted in the local courts as the probate process will be governed by the rules of Los Angeles.  Litigation issues with your family, legal disputes over joint bank accounts, insurance frauds and power of attorney all come under the supervision of probate law. These laws will give you an idea about estate planning.  You should also have an understanding about what are probate assets and what are non-probate assets. Probate assets include all those properties which are entitled to the individual in question. These properties are not difficult to handle and can be transferred to the heirs with just a testament or a simple will. Many a times there is not even a requirement of a Will as the courts grant these requests to the heirs or successors without much enquiry.  

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Non probate assets include those properties which do not require undergoing the scrutiny of LA Probate Law. Jointly held properties and joint bank accounts automatically are passed to the secondary owner when the primary owner dies. The court steps in when both the owners have died. The court then looks for a suitable beneficiary in the family. There are many aspects of probate laws. If you think that the laws are too complicated then you can appoint a law expert. He will give you expert advice on how to deal with your assets. He will also help you to design an estate plan that will conserve your assets ideally. Always choose an experienced law expert so that he can warn you about all kinds of potential problems regarding assets and properties. He will also help you to keep your documents up to date and will keep you informed about any changes in laws of the state. You cannot predict future. Nobody ever knows what will happen to them after ten years. If you are staying in the state of California then the state can help you out in crisis situations. Someday if you are unable to manage your assets, you might start losing out your properties and your business. You will not be able to provide for your family. There will be fights over money and power. In no time, you will see your business shutting down and your family suffering from financial difficulties. You can be saved from all of this by conservatorship. Conservatorship comes into the forefront when a person is not able to manage his financial assets. Under such circumstances, the court appoints a conservator who takes charge of the assets of the individual. The individual whose assets need to be taken care of by the conservator is called the conservatee. Conservatorship can be various kinds like General, Limited or the Lanterman-Petris-Short Conservatorship. In General conservatorship, the conservator takes up the entire financial responsibility of the conservatee. The conservatee is mostly a senior citizen, though in some cases young people may also become conservatees. These young people are generally physically impaired due to some sickness or a major accident. In Limited Conservatorship, the conservator does not assume full responsibility for the assets of the conservatee. In this case, the conservatee is generally someone who is not able to manage his business properly due to illness or disability. The court selects a temporary conservatee who takes care of the financial issues of the individual. The Lanterman-Petris-Short Conservatorship or LPS is an extraordinary type of conservatorship which is provided to those people who have severe restricted living conditions. Generally mentally impaired or prisoners serving their term are given this provision.

What are the Types of Probate Conservators that are available?

According to the rules of LA Probate Law, the conservator is bound to take care of all financial issues of a conservatee. The basic needs of the individual must be fulfilled and it is the responsibility of the conservator to make sure that he is getting adequate food, shelter and clothing. Prompt medical care has to be provided too. A conservatee can file a petition for a conservator who will look after him and his estate. He will settle the bills of the estate and gather various earnings of the estate.

What are the activities of the Conservator?

The duties of the conservator are many and varied. It also depends on the kind of conservatorship the LA Probate Law Court has approved. The conservator has to look after the daily requirements of the conservatee and has to provide him with financial stability and security. Every small need of the conservatee has to be catered. If it is a transport request or supplying medical aid, the conservator has to do it all. Nowadays laws have become more stringent and a lot of importance is given to improvement of the mental health of the conservatee. It has to be made sure that he is getting involved in recreational activities and various forms of entertainment.  The conservator has to prepare a budget and calculate all the expenditures and earnings beforehand. He has the full right to use the money for the fulfilment of his dependent’s responsibilities.  But he needs to submit a report to the court about his activities periodically. 

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Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
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