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… 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.… 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 daniel@thelegacylawyer.com if you live in San Diego County, or… 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… Read More


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… 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?!… Read More