losr FAQ


Please bring copies of the following signed original documents that you may have (we may need to retain these for reference while we work on your case and we would prefer that you safeguard the originals):

  1. Existing trusts
  2. Deeds to real property
  3. Most recent property tax bill for each property (to verify trust inclusion, its not uncommon that trusts are established, but then the property is never actually transferred into the trust)

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Because a Conservatorship involves taking over the ability to make decisions for the Conservatee, everyone involved takes the task very seriously and there are many safeguards, which have the side effect of making the process expensive. We often use as an analogy, what does a car cost?…

We charge by the hour for our work. Our first goal is to find a way to avoid the expense and effort of a Conservatorship altogether by finding an alternative. If that’s not possible, we try to control the hourly fees by assigning as much work as possible to non attorneys, whose time is billed at a lower rate.

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Please bring copies of the following signed original documents that you may have (we may need to retain these for reference while we work on your case and we would prefer that you safeguard the originals):

  • Any and all estate planning documents, such as a Trust (including lists of assets held inside and outside the trust) or Durable power of attorney for finance.
  • List of assets and their approximate value.
  • List of any and all real property owned and how title is held.
  • Monthly income and sources of income.
  • Current cost of care, or the approximate future cost if looking for a facility for placement.

Special Needs Trusts may be useful for a person who meets all these criteria:

  • Physically or mentally disabled
  • Receiving or might receive needs-based public benefits such as Supplemental Security Income (SSI) or Medi-Cal
  • Expected to receive assets that will disqualify him or her from SSI or Medi-Cal

Following are some commonly asked questions and answers about Special Needs Trusts:

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Limited Conservatorships for the Developmentally Disabled may be useful for families who have a child who is: near or at legal adulthood; in need of help with decision making; in need of an advocate; or incapable of giving consent.

Following are some commonly asked questions and answers about Limited Conservatorships:

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Please bring the following information about the deceased:

  1. Name, including all aliases (alternate names or spellings that may have been used at any time during the decedent’s life);
  2. Citizenship;
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Information about the people involved:

  • Proposed Conservatee’s personal information:
    • Name: full legal name and any aliases;
    • Date of birth;
    • Social Security number;
    • Residence: mailing address and phone number;
    • Current whereabouts (if not currently living at residence): mailing address, facility name (if any) and phone number;

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“Relatives in the first and second degree” refers to the group of relatives of the subject of the proceeding (conservatee or decedent for example) that the court often requires be mailed a notice of hearing (usually 15 days in advance).

The members of this group are: spouse or domestic partner; parents; children; siblings (brothers and sisters); grandparents; and grandchildren.

The following is required for each person on the list: a current mailing address, their relationship to the subject, and their age (if they are 18 or older this can be simply “adult”).

If there are no living relatives in the first or second degree, then the relatives in the third degree must receive notice. They are: great grandparents; uncles and aunts; nephews and nieces; and great-grand children.