When you think about estate planning, you probably conjure images of asset transfer vehicles like wills and trusts. Without question, this is a very important part of the equation, because you must take the right steps to get your assets into the hands of your loved ones after you are gone. However, there is another facet that you should take into consideration when you are crafting your estate plan. It can be disconcerting to go down this road, but there is a distinct possibility that you … [Read more...] about Incapacity Planning Can Prevent a Conservatorship
Incapacity Planning
Elderly Woman With Dementia is Missing in La Mirada
On October 28, 2018, an 88-year-old woman suffering from dementia was reported missing in La Mirada, as the Sheriff’s Department asked for help in locating her. Betty Giebelhouse apparently wandered away from her family’s home wearing pink pajamas and the family has no idea where she may have headed. Inevitably, seniors with dementia will need protection and assistance, not only with their daily living but also with their medical and financial affairs. Before that time comes, it is important to … [Read more...] about Elderly Woman With Dementia is Missing in La Mirada
Unfortunate Death of Veteran with Dementia Reminds us about Incapacity Planning
A few months ago, a 68-year-old Vietnam veteran living in Thousand Oaks was killed in a hit and run. Rogelio Paredes lived in an apartment complex with other retirees. One day in February, however, Paredes disappeared unexpectedly and was immediately missed by his neighbors. His body was later found two miles from his home in the median of the northbound 101 Freeway. This unfortunate event reminds us of the need for incapacity planning. Victim suffered from dementia It was determined that … [Read more...] about Unfortunate Death of Veteran with Dementia Reminds us about Incapacity Planning
Family Caregiver Support Groups for Alzheimer’s Patients in California
If you have a loved one who is suffering from Alzheimer’s or you believe they may be, it is time to start thinking about incapacity planning. Alzheimer's is a form of dementia that causes difficulty with memory, thinking and behavior. The symptoms of Alzheimer’s most often develop slowly and get worse over time, until the symptoms become severe enough to interfere with the individual’s daily tasks. Dealing with the challenges of Alzheimer's One of the primary challenges of dealing with … [Read more...] about Family Caregiver Support Groups for Alzheimer’s Patients in California
SoCal Alzheimer’s Association Provides Monthly Telephone Support Group
Alzheimer's is a form of dementia that causes difficulty with memory, thinking and behavior. The symptoms of Alzheimer’s most often develop slowly and get worse over time, until the symptoms become severe enough to interfere with the individual’s daily tasks. Alzheimer's is the most common form of dementia. It accounts for between 60 and 80 percent of all diagnosed dementia cases. If you have a loved one who is suffering from Alzheimer’s or you believe they may be, it is time to start … [Read more...] about SoCal Alzheimer’s Association Provides Monthly Telephone Support Group
Alternatives to Conservatorship in California
If the time has come for you to determine how to help a loved one manage their affairs, and that will require you to obtain formal control and management of their finances and medical care, you may be considering a conservatorship. In California, a conservatorship is much like a guardianship, but it only applies to adults who are in need of support and protection. A conservator maintains the important fiduciary duty of acting only in the best interest of the conservatee. A conservatorship is … [Read more...] about Alternatives to Conservatorship in California
Pros and Cons of a Living Trust
Most people create living trusts as a method of probate avoidance, since the probate process can be very expensive and lengthy legal proceeding. According to nearly all state probate laws, property that is owned solely by the deceased will go through probate, in the absence of estate planning. However, property that is jointly owned with someone else, automatically passes on to the surviving joint owner. This happens without going through probate. Before deciding whether to create a living … [Read more...] about Pros and Cons of a Living Trust
Standby Guardianship in California
Guardianships can be established for many different reasons. They can be created for the benefit of adults or minors. There is a special area of guardianship law referred to as “standby” or “pre-need” guardianship, which allows for the transfer of child custody under particular circumstances. Every state has its own position on this area of the law. Not all states recognize pre-need or standby guardianships. This article will discuss standby guardianship in California and how this tool can be … [Read more...] about Standby Guardianship in California
How Much Does it Cost to File for Conservatorship in California? [UPDATED 2020]
There may come a time when you must decide how to help a loved one who is no longer able to handle their own affairs. There are several options available to you in California. If you determine you need a formal arrangement, you may need to consider a conservatorship. Where a guardianship is established to care for minor, in California a conservatorship is used to care for an adult who has become incapacitated. The first question many clients ask is, how much does it cost to file for … [Read more...] about How Much Does it Cost to File for Conservatorship in California? [UPDATED 2020]
HIPAA Authorizations in Incapacity Planning
Most clients have heard of HIPAA, especially since most doctors and hospitals now require their patients to sign forms acknowledging they are aware of the regulations. But how many of us know the purpose of HIPAA and what the regulations actually require? Better yet, do you understand the role of HIPAA authorizations in incapacity planning? Your estate planning attorney can provide more detail, but here is an overview of the relationship between HIPAA and your incapacity plan. What is … [Read more...] about HIPAA Authorizations in Incapacity Planning
