Conservators are persons who have court-ordered authority and responsibility to manage the affairs of those who can no longer make their own decisions about finances or health care. Common examples of such situations include individuals suffering memory loss from Alzheimer’s or dementia. In these situations, the adult will eventually become unable to make decisions regarding their health and medical concerns, and they will incapable of assuming responsibility for the care of their property and assets. It is for this reason that the legal role of conservatorship was created.

Conservatorships, or living probates, are legal proceedings where responsible people are appointed as conservators for infirm adults. Conservatorships can be complicated and the exceptions and additions to the role of conservator can be endless. Just about anyone, including the proposed conservatee, can file a petition for conservatorship. Judges appoint conservators in a specific order. The order of priority is: spouse, adult child, parent, sibling, any other interested person such as a family friend, and finally a public guardian.

The person with highest priority may decline to be conservatee, and he or she can nominate another. If all qualified family members and friends refuse to serve, the court will likely appoint a private professional fiduciary or public guardian. A fiduciary is an individual is who must act for the benefit of another party and in whom the other party has placed the utmost trust and confidence to manage and protect their property and money. A part of city government, the Office of the Public Guardian handles all matters referred to the county for cases where a public guardian has been appointed conservator of person and/or their estate.

Probate judges must find that a proposed conservatee lacks the ability to provide for self care and protection before appointing a conservator. Appointments take about six weeks from the filing date. They may take longer if there is opposition. In rare cases of extreme urgency, a temporary conservator may be appointed within a couple of days.

Anat Resnik serves clients throughout the Los Angeles metropolitan area. Conservatorships can be stressful and difficult for any family. You need a qualified family lawyer to provide you with experienced and professional guidance and advice. When considering a conservatorship, the best division you can make is to contact the Law Offices of Anat Resnik if you are seeking the legal authority to care for the well-being of a loved one.

If you have a question regarding Family Law in Los Angeles please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Encino. After you have spoken with our Los Angeles Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

When filing for divorce there are some estate planning factors to consider. In today’s society the word “estate” is used as a synonym for “wealth.” But the original meaning of the word “estate” was simply whatever a person owned at the time of their death. Consideration of all aspects of estate planning include choosing a new executor of your will if if needed, choosing a different medical power of attorney other than your spouse (especially if your divorce or situation is contentious), update all estate planning documents before the divorce is final, and updating your will and life insurance policies.

If you and your spouse currently have estate planning documents in place and are planning a divorce, your may consider revoking and restating all of the estate planning documents prior to filing for divorce. Your family lawyer will review the revocation provisions of the joint trust agreement to determine whether a notification is necessary to the other spouse. If there are no notification provisions in the estate planning documents, your jurisdiction’s probate law may have specific requirements regarding valid revocation and notice requirements.

If you’ve started divorce proceedings, most jurisdictions provide for Automatic Temporary Restraining Orders (“ARTOs”), which do not permit the revocation of a trust, the changing of life insurance beneficiaries and the changing of other “non-probate” transfers, retirement plan beneficiaries, pension plans, employee benefit plans and individual retirement accounts. The intent of the ATROs is to maintain the status quo of assets and ownership interests until the division of assets is complete.

If you have a question regarding Family Law in California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in California. After you have spoken with our California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

There are child custody situations where it is preferable that the a child does not remain with either of their natural, biological parents, but instead custody is awarded to a third person. This may occur because the biological parents do not want custody of the child or are incapable of caring for the child. In such cases, the best interests of the child are served by having their custody awarded to a third person.

Another situation that third person custody may be preferable is when close relatives of the child , such as grandparents or adult siblings, believe a child’s parents are incapable of providing care and seek legal methods of gaining custody of the child. Trying to obtain a child custody order in favor of someone other than the parent is a difficult task. Establishing a guardianship on the child’s behalf is another option. Creating legal rights with regards to the care of a child in your family is best handled by a qualified family lawyer, given the various options possible and complexities involved.

The best interests of the child are the standard the court uses when determining the home in which to place the child. In determining “the best interests of the child” consideration is given to the wishes of the child’s parents, the wishes of the child, and the child’s relationship with each of the parents, siblings, other persons who may substantially impact the child’s best interests, the child’s comfort in his home, school, and community, and the mental and physical health of the involved individuals.

If you have a question regarding Family Law in the San Fernando Valley please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in the San Fernando Valley. After you have spoken with our San Fernando Valley Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

Often, in a marriage one of the partners will assume the major responsibility for the couples’ finances. In a legal sense, this person becomes a fiduciary. A fiduciary is an individual is who must act for the benefit of another party and in whom the other party has placed the utmost trust and confidence to manage and protect their property and money.

A marriage is like a business partnership or fiduciary relationship which includes the concept of faith and trust and is generally established when one partner truly accepts the confidence given by the other partner. Casual respect for your spouse’s judgment or general trusting his or her character does not constitute the creation of a fiduciary relationship.

The responsibilities of a fiduciary include reasonable care of all assets the couple may have. The receiving spouse must benefit from all of the fiduciary’s actions. If the actions or omissions of the fiduciary spouse result in loss to the other’s community property interest, the fiduciary spouse may have breached the duty to the other spouse. As a result, the injured spouse has a claim against the offending spouse for the breach.

Breach of fiduciary duty is a serious offense. The injured spouse may be awarded compensation in the form of money or other assets the couple had. However, in some instances more harsh consequences may be enforced against the breaching spouse. For example, the injured spouse may be awarded a particular community asset in full as a result of the other spouse’s breach. In one instance, the injured spouse was awarded full possession of valuable real estate because the other spouse attempted to gain sole ownership of a property that was previously jointly owned by both parties.

The dissolution process is concluded by a judgment or agreement, which is legally binding. If the judgment or agreement may contains orders regarding child support and/or spousal support, the divorced parties are financially linked together until their children reach majority and/or spousal support is terminated. California courts hold that, upon judgment of dissolution or a final settlement agreement, the parties no longer owe each other continuing fiduciary duties. This means that former spouses are not automatically obligated to disclose any significant change in their financial situation to the other. Only after a request has been made must a former spouse disclose any change to his or her financial situation.

If you have a question regarding Family Law in California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in California. After you have spoken with our California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.