An accounting is a formal declaration of the trust (or estate, if it’s a probate accounting) assets and liabilities, including income and expenses, of a particular period of time. California probate code section 1601 et seq. tells us exactly what an accounting needs to contain. If it does not contain these items, an objection can be filed – contact an attorney to assist you. Accounting Contents: (1) The property on hand at the beginning of the period covered by the account, which shall be the value of the property initially received by the fiduciary if this is the first account,… read more →
Everyone should have an Advance Health Care Directive (AHCD) that designates an agent to act on your behalf if you are unable to make your own health care decisions. The agent can then consent to surgery on your behalf or “pull the plug” or keep you alive if you are in a persistent vegetative state. But your AHCD doesn’t do you much good if the doctor or hospital can’t find it. Now the California Secretary of State has made it possible to file these documents in a central location that can be accessed by hospitals and doctors. Alternatively, you can… read more →
The California State Bar has updated its publication: Seniors & the Law. With more than 4 Million citizens aged 65 or older, California leads the nation in seniors, and their concerns are a top priority for the Bar. For your copy, send an email to me at firstname.lastname@example.org if you live in San Diego County, or email@example.com if you live elsewhere. Among the topics covered in this year’s guide: Social Security Benefits Age Discrimination Senior Housing restrictions Medi-Cal v. Medicare Planning for Incapacity Drivers Licenses Elder Abuse Divorce and Remarriage Grand-parental Rights Finding a Caregiver or Nursing Home For concerns about any… read more →
Yesterday at the San Diego Parent Connection Swap Meet, a woman asked me about setting up a Durable Power of Attorney for Property Management for her elderly father. He already has a Living Will (he lives in Hawaii). Which brings me to today’s subject: As a senior, what documents do I need to prepare in case I become incapacitated and can’t make my own financial or health care decisions? Of course, everyone should have these documents, not just seniors – incapacity can strike at any age for a multitude of reasons: accident; illness, etc.
Concerned about a disabled child or parent? Considering a Special Needs Trust (SNT)? These can be powerful tools if drafted carefully. They can also be restrictive monsters if created by attorneys who work from pre-made templates or without thought to all contingencies. Special Needs Trusts are often prepared for disabled adults with disabling conditions, such as: autism; paraplegia or quadriplegia; Alzheimer’s disease; mental illness; even chronic chemical dependency. The function of the SNT is to provide a pool of funds from which a trustee can distribute to the disabled person only so much money that they don’t imperil their ability to… read more →
A good practice note: If the conservatorship‘s estate is empty, you can request a waiver of the $800 investigator’s fee. Be sure to do so at the hearing on the petition for conservatorship, however, or you might be forced to file a separate motion. Ever try to get money *back* from the court?!