Amanda Bynes: A conservatorship may be the answer.

After over a year of troubling and poor decisions, such as side-swiping a police car in West Hollywood, throwing a bong from the window of her 36^th floor apartment, and documenting her bizarre behavior on Twitter, Amanda Bynes was finally hospitalized on a 5150 hold.  On the night of July 22, 2013, the fire department and sheriff’s department arrived at a Thousand Oaks home to find Bynes building a fire outside a random elderly woman’s home.  After questioning Bynes about what she was doing, and why she was doing it, Bynes’ answers caused the sheriff’s deputies to determine that Bynes needed to be placed on a 5150 psychiatric hold.  In other words, the determination was made that as a result of a mental disorder, Bynes was determined to be a danger to others, or to herself, or gravely disabled and could be held for up to 72 hours.

Similarly in 2008, Britney Spears was placed on a 5150 hold when she locked herself in a room with one of her children at her L.A. home and refused to hand her son over to her ex-husband Kevin Federline.   Spears was eventually placed under a conservatorship arrangement where her father took control of her multimillion-dollar estate and career as well as her well-being.  Spears’ career, and potentially her life, was likely turned around because of court intervention through a conservatorship proceeding.

Should Amanda Bynes’ parents seek a conservatorship for her as well?  Conservatorship proceedings have an important place in our legal system, particularly when an elderly, vulnerable adult or someone with a developmental disability needs protection.  A conservatorship is a formal, legal authorization for the conservator- usually a spouse or domestic partner, family member, close friend, or hired professional- to make decisions for the benefit of the protected person.   A proposed conservatee, such as Britney Spears, is restricted in making decisions over his or her personal care and/or financial decisions.  It is particularly useful when the protected person is mentally or physically unable to understand and accept help, or is vulnerable to persons who might take financial advantage of them.  In a situation like that, a court-ordered conservatorship can prevent a vulnerable person from entering into contracts that they shouldn’t be entering into or conveying their home to someone else without approval from the conservator and/or the Court.  For example, it was rumored last week that Spears needed the Court’s approval before she could sign her recent contract with Planet Hollywood Casino & Hotel for a  two-year residency in Las Vegas.

A conservatorship is a way for you to assist a loved one whose health is at risk but refuses help.  However, conservatorships are among the most drastic court proceedings around.  People under conservatorships lose the right to make even the most basic decisions for themselves:  getting married, spending money, choosing where to live…people like Britney Spears can make none of those decisions for themselves.  There are alternatives to court proceedings, such as a durable power of attorney, a trust, etc. that are available for most families concerned with a loved one in need of protection.    If you ever become worried about the safety or well-being of someone- regardless of how old he or she may be- a conservatorship proceeding may be the answer.  They should be used with caution and only after consulting with an attorney experienced in these types of cases.  CONTACT US today at one of our three office locations:  Los Angeles Office at (213) 687-8080, Orange County Office at (949) 200-4612 or our Glendale/Montrose Office at (818) 248-0006.  You can also visit our website at www.burnsattorneys.com.

 

CYBERBULLYING

1 in 3 kids say they’ve been cyberbullied. Is your child one of them and what can you do to stop it?

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After being bullied, a 17 year old high school student from Valley High took his own life this week. 16 year old, Amanda Todd took her own life in October 2012 after being relentlessly bullied. Unfortunately, tragic stories like these are prevalent. Children are on the computer all the time, whether it is on their cell phones, on their computer, or their ipads, they are constantly exposed to potential cyberbullying.

This issue is very important as cyberbullying can have psychological impacts on your child, can impact your child’s self-esteem, and their life in general.

What you can do to prevent it!

There are things that you can do as parents to prevent cyberbullying:

1)      Talk to your children about the effects of cyberbullying, ask them to tell you if someone is harassing them.

2)      Have your computers in common areas in the home, so that you are more aware of what your child is doing online.

3)      Remind your children not to share their account passwords with anyone (even friends).

4)      Tell your children not to respond to any cyberbullying threats or comments. However, don’t delete them. Print any threatening messages that your child might receive (including the username of the cyberbully).

5)      If possible, report the person or crime to the website’s administrators. Websites like Facebook, YouTube, and MySpace have safety centers to report cyberbullying or cyber crimes.

6)      Talk to your child’s guidance counselor and ask them to keep a look out for any bullying that may be going on in school.

 

Who is Liable?

There is only so much that you can do as a parent, what happens once your child is bullied? Who can be held liable for it?

The school may be liable-

The school may be liable for a number of reasons: if the school doesn’t have a policy against bullying, if it doesn’t properly train or supervise its employee to prevent and look out for bullying, if they somehow caused the bullying to some significant degree, or if they knew about the bullying but failed to take actions to prevent it.

The bully may also be liable-

Obviously, a perpetrator is always liable for his wrongdoings. However, what happens when the perpetrator is also a child? Many people don’t know but children can have tort claims brought against them, meaning that a child can be sued for their tortious actions in court as well.

If this is happening to your child…

If your child is a victim of cyberbullying you need an experienced attorney, who has handled cyberbullying matters, to represent your child’s interest. This is a very pressing issue that may have long lasting impacts on your child’s self-esteem and their life, so if you or someone you know is in this situation CONTACT US today at one of our three office locations: Los Angeles Office at (213) 687-8080, Orange County Office at (949) 200-4612, or our Glendale/ Montrose Office at (818) 248-0006. You can also visit our website at www.burnsattorneys.com .

DO YOU NEED A WILL?

 More than 50% of Americans don’t have a will! A great majority of those people probably need one. Do you?
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Of course you are concerned about who will be the guardian of your children if you pass away, of course you care who will get your assets when you are gone, of course you care if your last wishes are executed. OF COURSE YOU NEED A WILL!

Too many people are reluctant to get a will because they think they will get to it later, maybe they think that it is something morbid and they don’t want to do think about it.  Although many people claim to not need a will, it is a very practical thing to have. A will gives instructions to be carried out once you pass away. It allows you to choose the guardian of your children, choose the beneficiaries of your will, choose how your assets will be distributed, and allows you to choose who exactly will execute all of that.

Some people are unsure whether they even need a will if they already have a living trust. California law allows residents to have both a living trust and a will. But are both advisable? Yes!

A living trust, although an important part of estate planning, may not accomplish all your wishes. For one, a living trust does not allow you to name the guardian of your children once you pass away.  Secondly, a living trust may not include all of your assets. That is why most people with a living trust have a pour over provision in their will stating that all those remaining assets should be transferred to the trust.

All in all, both a living trust and a will are important parts of estate planning and something that you should look into getting before it is too late. If you don’t have an estate plan or you have a living trust but no will- CONTACT US today at one of our three office locations: Los Angeles Office at (213) 687-8080, Orange County Office at (949) 200-4612, or our Glendale/ Montrose Office at (818) 248-0006. You can also visit our website at www.burnsattorneys.com .

Why You Need to Create a Living Trust -Don’t wait until it is too Late-

Over half of adult Americans do not have a will or living trust!  Do you want a stranger deciding who gets everything you worked so hard for after you die?  Do you want to have court fees and attorney fees and estate taxes eat up what you wanted to leave behind?  This blog will focus on living trusts, which are a quick and inexpensive way of taking care of your wishes for what YOU have earned and acquired during your life.  

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Have you been swaying between creating one and thinking you have still got time?  As the above statistic shows, more than half of every American adult thinks the same and never get a chance.  Why leave such an important task until it is too late?

Completing a living trust can give you peace of mind. It can give you the reassurance that your loved ones will get your estate. It can give you the comfort of knowing that your loved ones will avoid the burdens of going to probate court. It can give you the ability to maintain your privacy and avoid the inconvenience of a conservatorship. A living trust can accomplish all this and put your mind at ease.  An experienced attorney in the field of Will and Trusts can ensure that you, your estate, and your loved ones are in good hands.

AVOIDING PROBATE COURT

Many people wait until it is too late. If you do not create a living trust your loved ones will be subject to probate proceedings to acquire anything from your estate. Your loved ones will already be in a difficult situation as is and requiring them to go in and out of probate courts is not something that they should be burdened with. This is even more so if you own real estate in more than one state, as your loved ones would have to deal with probate proceedings in more than one state. In addition, living trusts prevent the need for a conservatorship or guardianship. The restrictions placed on conservatorships and the need to go through that legal process may be easily avoided by a living trust.

MAINTAINING PRIVACY

Additionally, probate proceedings are public information and anyone can have access to anything filed with the probate court. This lack of privacy is something that doesn’t sit well for many people. A living trust would give your loved ones the privacy they need in these difficult times.

TAX ADVANTAGES

There are also tax advantages to getting a living trust. For one it grants ability to avoid estate, income, and gift tax. The value in getting a living trust is enormous.

Fortunately, getting a living trust is only a simple call away. Get an experience attorney in the field of Wills and Trusts on your side to draft your living trust can ensure you and your loved ones a blissful tomorrow. If you or someone you know is interested in getting a living trust, CONTACT US at (213)687-8080 or visit our website at www.burnsattorneys.com .

THINK TWICE BEFORE POSTING

Sharing that picture could get you jailed, sued, or cause you to lose custody of your kids!

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While that picture of you standing next to the Marijuana plant or holding an assault weapon might look funny or cool to you and some of your Facebook friends, more likely than not you won’t be laughing when you get a call from a police officer or an attorney.  We have all been told numerous times to think twice before posting something on Facebook or Twitter. In this age of technology with new realms of social media popping up every day this cautionary statement is even more important.

Not only can a post, status, or tweet have negative impacts on your career, it may also have legal ramifications!

Joseph Jackson, 28, was arrested last Saturday at a Taylor Swift concert in Pittsburg after alleged Facebook threats against the singer. Taylor Swift’s security team had reportedly alerted authorities about Jackson’s Facebook threats. Although he did not have any weapons in his possession, he did have a sign that read, “Taylor Swift is Satan”. Pittsburg police arrested Jackson and he is now facing criminal charges.

Arrested for Threatening Taylor Swift on Facebook

In 2010, Paul Chambers was fined at Doncaster Magistrates’ Court after being convicted of sending “a message of a menacing character”. After frustrations about the airport being packed, he tweeted “Crap! Robin Hood Airport is closed. You have got a week and a bit to get your s*** together, otherwise I’m blowing the airport sky high!”

These are just two cautionary tales among the many. Basically, we probably all have a Facebook or a twitter account, but posting something compromising or criminal in nature could get you into a lot of trouble.  Our office has handled many cases where such postings were an issue for our clients in criminal cases and indeed, our firm has also used this evidence in custody and other civil cases.  So word of advice: think twice before posting something!

For those of you that didn’t have the opportunity to read our awesome blog before posting something you shouldn’t have and are now facing criminal charges CONTACT US at (213) 687-8080 and get an experienced criminal attorney to represent you.