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___________________________________________
ORANGE COUNTY

PROBATE ATTORNEY - LAWYER
Trusts, Wills, Probate and Estate Planning
..

Free Initial Consultation - House Calls Upon Request
___________________________________________

9070 Irvine Center Drive, Suite 100, Irvine, CA 92618
Specializing in Probate, Trust Funding and Administration, Wills, Appointment of Guardianship for Children, Special Needs Planning, Incapacitation Planning, Advanced Health Care Directives, Business Succession Planning and More
"There is comfort in taking care of your loved ones"
Call Us Today! (949)916-6020

. Estate Planning
Creating a Trust in Orange County, California
Orange County Wills Lawyers
Advance Health Directive
Advanced Estate Planning
Business & Tax Planning
Probate Administration
Frequently Asked Questions

Contact Us


Hello, I'm Tracy Murphy
and
Our Law Office is located
in Orange County
Irvine, California:

"We are close to the
5 freeway and Bake
Parkway."


Our Address is:
Tracy Murphy
Attorney At Law
9070 Irvine Center
Drive, Suite 100
Irvine, CA 92618

Tel: (949)916-6020
Fax: (949)861-6520


"For Driving Directions
Click Here"


ARTICLES:
Article 1: What is Probate in California?
Article 2: Most Frequently Asked Questions About Probate in California,
Article 3: Glossary of Probate Terms
Article 4: California Probate Code
Article 5: How To Hire A Good Attorney
Article 6: What is a Living Trust?
Article 7: What is an Advance Health Care Directive?
Article 8: What is a Conseritorship or Gardianship?
Article 9: About Elderly Care
Article 10: Assisted Living
Article 11: Adult Day Care
Article 12: Long Term Care for the Elderly
Article 13: Nursing Homes
Article 14: Home Care

 

 

 

ABOUT ORANGE COUNTY


Tracy Murphy is
a Law graduate of
Loyola Law School
in Los Angeles.






Attorney Tracy Murphy
was a Professor of
Estate Planning for the
University of Phoenix







Tracy Murphy is
a lawyer member of the
California Bar Association




LINKS:
About Orange County
California
Where the majority
of my clients are located

 

 

 

 

TRACY MURPHY,
ATTORNEY AT LAW,
Specializes in:


Estate Planning

Trusts

Wills

Advanced Health
Care Directive

Probate Administration

Advanced
Estate Planning

Business Succession
and Tax Planning



Probate Administration

Probate Litigation

Real Estate Inheritance

Leisure World Estate Planning

Assisting,
guiding,
securing and
protecting you
and your family
now and
for the future in:

ESTATE PLANNING ATTORNEY ORANGE COUNTY

ORANGE COUNTY WILLS TRUSTS LAWYER

PROBATE ATTORNEY Southern Californiia

CONSERITORSHIPS, CONSERVITORSHIPS, ABOUT CONSERITORSHIP, ORANGE COUNTY CONSERITORSHIPS, GUARDIANSHIPS, skilled nursing eldercare retirement housing nursing homes senior RCFE residential care California board alzheimer's assisted care geriatric placement service information referrals apartments area asha Bay area care guide CCL CCRC citizen communities licensing congregate housing living continuing retirement convalescent county database day dementia elderly frail health HMO hospital hospice insurance L.A. LA Los Angeles life care communities lifecare LivOn long term medical medi-cal medicare new lifestyles older adults online resources Orange personal care referrals respite rest home retirement San Francisco, senitily senior social security SSI placement service statewide southern California northern California ratings, evaluations Parkinson's Santa Clara Riverside San Diego South Bay Inland Empire San Mateo Alameda



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ARTICLE 8:



WHAT IS A CONSERITORSHIP?

LEGAL GUARDIAN? IN CALIFORNIA

A conservatorship is an entity established by court order that some property or person be subject to the legal control of another person or entity, known as a conservator.

Conservatorship is a serious matter. It requires a court hearing with all interested parties present. If the conservatorship is established, the individual or conservatee loses many civil rights most of us take for granted. He or she may lose the right to decide where they'll live or what medical treatment to accept or refuse. They may lose the right to control their assets or manage their income. The conservator, by assuming the responsibility for these matters, becomes legally accountable to the court.

Conservatorship of the Person: The conservator arranges for the client's care and protection, determines where he or she will live and makes appropriate arrangements for health care, housekeeping, transportation, and personal needs.

Conservatorship of the Estate: The conservator manages the client's finances, locates and takes control of the assets, collects income due, pays bills, invests the client's money, and protects the assets.

FREQUENTLY ASKED QUESTIONS:

Who generally becomes a conservator? The law prefers that a family member of the individual be appointed conservator and has a list of preferences based on the relationship to the conservatee. Additionally, the court can appoint non-relatives, professional conservators, government agencies and nonprofit corporations.

How is a conservatorship started? The filing of a petition and other required forms with the Superior Court starts a conservatorship. A court hearing date will be set approximately four weeks after the filing of the petition.

Are there different types of conservatorships? Yes. The type of conservatorship generally depends on the physical and mental condition of the conservatee A general conservatorship applies to all incapacitated persons who are not developmentally disabled. For example, this type of conservatorship would be available to assist an elderly person with Alzheimer's. If the proposed conservatee were developmentally disabled, a limited conservatorship would apply. A limited conservatorship gives the conservator only certain specified powers, and allows the conservatee to retain rights that he/she is able to exercise. In this kind of conservatorship, the regional center will receive notice of the petition and will file an advisory report with the court on the appropriateness of the conservatorship. If the proposed conservatee is a person who is gravely disable due to a mental disorder or chronic alcoholism, a Lanterman-Petris-Short Conservatorship would apply. This kind of conservatorship is commonly referred to as an LPS conservatorship. Usually an LPS conservatorship may only be initiated for patients in a mental health facility on the recommendation of the facility's staff.

What types of powers will a conservator have? Depending on the type of conservatorship, a conservator may have the following powers, including but not limited to: determining the residence of the conservatee, consenting or withholding consent to medical treatment on behalf of the conservatee, access to confidential records of the conservatee, to contract, and investing the funds of the conservatee.

How long does a conservatorship last? A general conservatorship terminates on the conservatee's death or upon a court order. A limited conservator terminates not only by the death of the limited conservatee, or by court order, but also by the death of the limited conservator. An LPS conservatorship terminates automatically after one year or upon the death of the conservatee or court order. It can, however, be re-established for additional one year periods.

Will a proposed conservatee be notified of a petition for conservatorship? Yes. A proposed conservatee must be notified of a petition and his/her right to attend the hearing and oppose the petition. Also, the proposed conservatee must be notified of the right to an attorney. In a limited and LPS conservatorship the conservatee has an automatic right to an attorney paid for by the county if the person cannot afford to pay. In a general conservatorship, the conservatee can retain his/her own attorney or request the court to appoint an attorney if he/she has limited funds. In conservatorships, an employee of the court, called a “court investigator" will interview the proposed conservatee and make a report to the court on the appropriateness of the conservatorship. (A different investigation is performed for LPS conservatorships.)

How often are conservatorships reviewed? An LPS conservatorship must be renewed annually and this requires a new petition each year. The court reviews a limited conservatorship and general conservatorship one year from establishment and every two years thereafter. Generally, no court hearing is required unless requested by someone. A conservator of the estate must file periodic accountings with the court.

What are the responsibilities of a conservator? A conservator is a "fiduciary", meaning that the conservator must take actions only in the best interest of the conservatee and must act in good faith and with the utmost loyalty and concern for the conservatee. In making decisions the conservator must attempt to have the conservatee live in the least restrictive environment and to the maximum extent possible take into account the personal wishes of the conservatee. The conservator must appropriately exercise those powers granted by the court. A conservator will generally have no personal financial responsibility for payment of the conservatee's bills. A conservator will be expected to act reasonably in making decisions and managing the conservatee’s funds, and if negligent in do so, may face liability. At all times, a conservator’s action is subject to court supervision.

Are there actions a conservator cannot take? Yes. No conservator can consent to the sterilization of the conservatee unless a separate special court order grants that authority. A conservator cannot place the conservatee involuntarily in a locked mental health facility or a state developmental center unless there is a specific court order authorizing such placement. This authority can be included in the order appointing an LPS conservator. The conservator cannot consent to the use of experimental drugs or convulsive therapy with some exceptions for LPS conservators. A conservator has no control over the wages of the conservatee unless specifically authorized by the court. There are a variety of financial transactions that require specific court approval based on a showing of necessity.

Guardianship
Many jurisdictions use the term "guardianship of the person" to refer to the same legal principle. A person under conservatorship is a conservatee or protected person; a person under guardianship is a ward. In most states, a court visitor or some other investigatory person or agency must review the facts of the case and submit a report, usually required to be in writing, to the court. Court visitors are often required to be experts in some appropriate field, such as social work or law. Additionally, states may require a "guardian ad litem" to be appointed for the person. The guardian ad litem often is an attorney, but has more expanded duties and powers than an attorney. Procedures for conservatorship of an adult are often different from those for minors. Procedures for developmentally disabled persons are quite different from other conservatorships. There has been much national debate about the procedural protections for the conservatee/protected person. In many states, the guardian ad litem or court visitor may be picked by the petitioning attorney, rather than by a random process, and may not be truly independent. State law can, but does not always, provide requirements for the actions of the court visitor and guardian ad litem that are designed to protect the rights of the conservatee/protected person. Conservatorships were used by some concerned relatives of members of New Religious Movements (NRMs) to be removed from their religious communities to be deprogrammed. Lawyers for NRMs such as the Unification Church argued that conservatorships should not be issued without the judge seeing the person in question and giving him or her a chance to produce expert testimony opposing the conservatorship. They argued that deprogrammers were abusing the mechanism of conservatorships to justify what would otherwise be called kidnapping and false imprisonment. The ACLU reports that the temporary conservatorships granted in the Unification Church case violated the conservatee's rights to freedom of religion and association, per the finding of the California appeals court on the case.


Probate, Trusts, Wills, and Estate Planning Attorney

Servicing Orange County, Irvine, Laguna Woods, Leisure World, Seal Beach, Laguna Beach, Laguna Hills, Lake Forest, Mission Viejo, Laguna Niguel, Aliso Viejo, Coto De Caza, San Clemente, Newport Beach, Huntington Beach

Orange County's friendly and caring estate planning law office. The Law Office of Tracy Murphy is located in the city of Irvine, in Orange County, California. Tracy Murphy represents individuals, families, and small business owners in estate planning, business planning, and tax planning. Tracy Murphy is a knowledgeable estate planning attorney who understands the value of establishing trustworthy, long-term relationships with each client. Clients appreciate the availability of house calls and hospital visits at no additional cost.

Tracy Murphy, Attorney At Law sets the highest standards
in Custom Estate Planning, dedicated to today's needs and tomorrow's realities. Thorough and thoughtful evaluation of your needs guarantees the optimum solution for your circumstances - no matter how simple or complex.

Your attorney should be your advocate.
I will help you
plan one of the most important aspects of your future - your legacy. With information assembled in one-on-one meetings, we will personalize a trust that will put a legal frame to your needs and anchor your financial legacy.

Together we will set objectives, address concerns and custom-build an Estate Plan tailored to reflect your needs, lifestyle and goals. Caring continuing attention to the administration of your estate offers comfort to loved ones and helps avoid unnecessary family hardship.

"I believe the most important estate planning objectives are protecting what you have earned, and planning to provide for your loved ones" - Tracy Murphy.

Legal Services:  
   
SERVICES WILLS & TRUSTS
Estate Planning: Wills, Trusts, Probate, Revocable Living Trusts (inter vivos trusts)
Special Needs Planning Last Will & Testament
Incapacitation Planning Special Needs Trusts (Disabled)
Buy Sell Agreements Pour-over Will
Marital Agreements Accumulation and Maintenance trusts
Domestic Partnership Agreements Living Wills (End of life choices)
Trust Transfer Documents Discretionary Trusts
Property Deeds and Affidavits Incentive Trusts
HIPAA Releases Codicils
Powers of Attorney IRA Trusts
Guardianships Life Insurance Trusts (ILIT)
Trust Administration Irrevocable Trusts
Small Business Planning Qualified Terminable Interest Trusts (Q-TIP)
Federal Estate Tax Planning A/B Trusts
Advance Directives ABC Trusts
Marital Property Agreements Credit Shelter Trusts
Durable Power of Attorney for Finances Bypass Trusts
Durable Power of Attorney for Health Care Exemption Trusts
Charitable Giving Disclaimer Trusts
  Testamentary Trusts
Charitable Trusts
PROBATE ADMINISTRATION
Settling any disputes
Collecting all probate property of the decedent
Paying all debts, claims and taxes owed by the estate
Collecting all rights to income, dividends, etc.
Distributing or transferring the remaining property to the heirs
   
.

ABOUT ORANGE COUNTY WHERE THE MAJORITY OF OUR CLIENTS ARE:

Orange County is a county in Southern California, United States. Its county seat is Santa Ana. According to the 2000 Census, its population was 2,846,289, making it the second most populous county in the state of California, and the fifth most populous in the United States. The state of California estimates its population as of 2007 to be 3,098,121 people, dropping its rank to third, behind San Diego County. Thirty-four incorporated cities are located in Orange County; the newest is Aliso Viejo.

Unlike many other large centers of population in the United States, Orange County uses its county name as its source of identification whereas other places in the country are identified by the large city that is closest to them. This is because there is no defined center to Orange County like there is in other areas which have one distinct large city. Five Orange County cities have populations exceeding 170,000 while no cities in the county have populations surpassing 360,000. Seven of these cities are among the 200 largest cities in the United States.

Orange County is also famous as a tourist destination, as the county is home to such attractions as Disneyland and Knott's Berry Farm, as well as sandy beaches for swimming and surfing, yacht harbors for sailing and pleasure boating, and extensive area devoted to parks and open space for golf, tennis, hiking, kayaking, cycling, skateboarding, and other outdoor recreation. It is at the center of Southern California's Tech Coast, with Irvine being the primary business hub.

The average price of a home in Orange County is $541,000. Orange County is the home of a vast number of major industries and service organizations. As an integral part of the second largest market in America, this highly diversified region has become a Mecca for talented individuals in virtually every field imaginable. Indeed the colorful pageant of human history continues to unfold here; for perhaps in no other place on earth is there an environment more conducive to innovative thinking, creativity and growth than this exciting, sun bathed valley stretching between the mountains and the sea in Orange County.

Orange County was Created March 11 1889, from part of Los Angeles County, and, according to tradition, so named because of the flourishing orange culture. Orange, however, was and is a commonplace name in the United States, used originally in honor of the Prince of Orange, son-in-law of King George II of England.

Incorporated: March 11, 1889
Legislative Districts:
* Congressional: 38th-40th, 42nd & 43
* California Senate: 31st-33rd, 35th & 37
* California Assembly: 58th, 64th, 67th, 69th, 72nd & 74

County Seat: Santa Ana
County Information:
Robert E. Thomas Hall of Administration
10 Civic Center Plaza, 3rd Floor, Santa Ana 92701
Telephone: (714)834-2345 Fax: (714)834-3098
County Government Website: http://www.oc.ca.gov

CITIES OF ORANGE COUNTY CALIFORNIA:


City of Aliso Viejo, 92653, 92656, 92698
City of Anaheim, 92801, 92802, 92803, 92804, 92805, 92806, 92807, 92808, 92809, 92812, 92814, 92815, 92816, 92817, 92825, 92850, 92899
City of Brea, 92821, 92822, 92823
City of Buena Park, 90620, 90621, 90622, 90623, 90624
City of Costa Mesa, 92626, 92627, 92628
City of Cypress, 90630
City of Dana Point, 92624, 92629
City of Fountain Valley, 92708, 92728
City of Fullerton, 92831, 92832, 92833, 92834, 92835, 92836, 92837, 92838
City of Garden Grove, 92840, 92841, 92842, 92843, 92844, 92845, 92846
City of Huntington Beach, 92605, 92615, 92646, 92647, 92648, 92649
City of Irvine, 92602, 92603, 92604, 92606, 92612, 92614, 92616, 92618, 92619, 92620, 92623, 92650, 92697, 92709, 92710
City of La Habra, 90631, 90632, 90633
City of La Palma, 90623
City of Laguna Beach, 92607, 92637, 92651, 92652, 92653, 92654, 92656, 92677, 92698
City of Laguna Hills, 92637, 92653, 92654, 92656
City of Laguna Niguel
, 92607, 92677
City of Laguna Woods, 92653, 92654
City of Lake Forest, 92609, 92630, 92610
City of Los Alamitos, 90720, 90721
City of Mission Viejo, 92675, 92690, 92691, 92692, 92694
City of Newport Beach, 92657, 92658, 92659, 92660, 92661, 92662, 92663
City of Orange, 92856, 92857, 92859, 92861, 92862, 92863, 92864, 92865, 92866, 92867, 92868, 92869
City of Placentia, 92870, 92871
City of Rancho Santa Margarita, 92688, 92679
City of San Clemente, 92672, 92673, 92674
City of San Juan Capistrano, 92675, 92690, 92691, 92692, 92693, 92694
City of Santa Ana, 92701, 92702, 92703, 92704, 92705, 92706, 92707, 92708, 92711, 92712, 92725, 92728, 92735, 92799
City of Seal Beach, 90740
City of Stanton, 90680
City of Tustin, 92780, 92781, 92782
City of Villa Park, 92861, 92867
City of Westminster, 92683, 92684, 92685
City of Yorba Linda, 92885, 92886, 92887

Noteworthy communities Some of the communities that exist within city limits are listed below: * Anaheim Hills, Anaheim * Balboa Island, Newport Beach * Corona del Mar, Newport Beach * Crystal Cove/Pelican Hill, Newport Beach * Capistrano Beach, Dana Point * El Modena, Orange * French Park, Santa Ana * Floral Park, Santa Ana * Foothill Ranch, Lake Forest * Monarch Beach, Dana Point * Nellie Gail, Laguna Hills * Northwood, Irvine * Woodbridge, Irvine * Newport Coast, Newport Beach * Olive, Orange * Portola Hills, Lake Forest * San Joaquin Hills, Laguna Niguel * San Joaquin Hills, Newport Beach * Santa Ana Heights, Newport Beach * Tustin Ranch, Tustin * Talega, San Clemente * West Garden Grove, Garden Grove * Yorba Hills, Yorba Linda * Mesa Verde, Costa Mesa

Unincorporated communities These communities are outside of the city limits in unincorporated county territory: * Coto de Caza * El Modena * Ladera Ranch * Las Flores * Midway City * Orange Park Acres * Rossmoor * Silverado Canyon * Sunset Beach * Surfside * Trabuco Canyon * Tustin Foothills

Adjacent counties to Orange County Are: * Los Angeles County, California - north, west * San Bernardino County, California - northeast * Riverside County, California - east * San Diego County, California - southeast
.

 
     


ORANGE COUNTY
PROBATE ATTORNEY - PROBATE LAWYER
Trusts, Wills, Probate and Estate Planning
..

Free Initial Consultation - House Calls Upon Request

CONSERITORSHIPS, CONSERVITORSHIPS, ABOUT CONSERITORSHIP, ORANGE COUNTY CONSERITORSHIPS, GUARDIANSHIPS,
skilled nursing eldercare retirement housing nursing homes senior RCFE residential care California board alzheimer's assisted care geriatric placement service information referrals apartments area asha Bay area care guide CCL CCRC citizen communities licensing congregate housing living continuing retirement convalescent county database day dementia elderly frail health HMO hospital hospice insurance L.A. LA Los Angeles life care communities lifecare LivOn long term medical medi-cal medicare new lifestyles older adults online resources Orange personal care referrals respite rest home retirement San Francisco, senitily senior social security SSI placement service statewide southern California northern California ratings, evaluations Parkinson's Santa Clara Riverside San Diego South Bay Inland Empire San Mateo Alameda

Disclaimer: The information contained on this Southern California estate planning website is not intended as a source of legal advice. You should not act upon or rely on information at this or any other website without the advice of a competent Southern California Estate Planning attorney, especially if you reside outside the State of California, where we are not licensed to practice law and do not give legal advice. Please note that making a phone call or sending an e-mail does not create an attorney-client relationship; this requires a written agreement. Do not e-mail any confidential information to us until an agreement is signed. This website is intended for educational and informational purposes only.

Tracy Murphy Attorney At Law, 9070 Irvine Center Drive, Suite 100, Irvine, CA 92618
Tel: (949)916-6020, Fax: (949)861-6520

"For Driving Directions Click Here"


Specializing in Trusts, Trust Funding and Administration, Wills, Appointment of Guardianship for Children, Special Needs Planning, Incapacitation Planning, Advanced Health Care Directives, Business Succession Planning and More


OUR CUSTOMERS COME FROM THE FOLLOWING CITIES FOR TRUSTS, WILLS, AND FINANCIAL PLANNING:

Aliso Viejo, 92653, 92656, 92698, Anaheim, 92801, 92802, 92803, 92804, 92805, 92806, 92807, 92808, 92809, 92812, 92814, 92815, 92816, 92817, 92825, 92850, 92899, Brea, 92821, 92822, 92823, Buena Park, 90620, 90621, 90622, 90623, 90624, Costa Mesa, 92626, 92627, 92628, Cypress, 90630, Dana Point, 92624, 92629, Fountain Valley, 92708, 92728, Fullerton, 92831, 92832, 92833, 92834, 92835, 92836, 92837, 92838, Garden Grove, 92840, 92841, 92842, 92843, 92844, 92845, 92846, Huntington Beach, 92605, 92615, 92646, 92647, 92648, 92649, Irvine, 92602, 92603, 92604, 92606, 92612, 92614, 92616, 92618, 92619, 92620, 92623, 92650, 92697, 92709, 92710, La Habra, 90631, 90632, 90633, La Palma, 90623, Laguna Beach, 92607, 92637, 92651, 92652, 92653, 92654, 92656, 92677, 92698, Laguna Hills, 92637, 92653, 92654, 92656, Laguna Niguel, 92607, 92677, Laguna Woods, 92653, 92654, Lake Forest, 92609, 92630, 92610, Los Alamitos, 90720, 90721, Mission Viejo, 92675, 92690, 92691, 92692, 92694, Newport Beach, 92657, 92658, 92659, 92660, 92661, 92662, 92663, Orange, 92856, 92857, 92859, 92861, 92862, 92863, 92864, 92865, 92866, 92867, 92868, 92869, Placentia, 92870, 92871, Rancho Santa Margarita, 92688, 92679, San Clemente, 92672, 92673, 92674, San Juan Capistrano, 92675, 92690, 92691, 92692, 92693, 92694, Santa Ana, 92701, 92702, 92703, 92704, 92705, 92706, 92707, 92708, 92711, 92712, 92725, 92728, 92735, 92799, Seal Beach, 90740, Stanton, 90680, Tustin, 92780, 92781, 92782, Villa Park, 92861, 92867, Westminster, 92683, 92684, 92685, Yorba Linda, 92885, 92886, 92887, Coto de Caza, El Modena, Ladera Ranch, Las Flores, Midway City, Orange Park Acres, Rossmoor, Silverado Canyon, Sunset Beach, Surfside, Trabuco Canyon, Tustin Foothills