According to an alarming 2014 FBI study, nearly 68% of homicides involved the use of firearms, with over a quarter of victims killed by a family member. From these numbers alone, it’s clear to see the urgency of a client’s situation if he or she says a family member may resort to violence. One way to protect your client is to seek a gun violence restraining order.
Your client has just been named conservator over someone suffering from dementia as well as over his or her estate. There will be much to do, but some first steps should be taken right away. Continue reading
When is a personal representative bound to arbitrate claims against a nursing home? The answer depends on the nature of the claim, as illustrated in a recent case. Continue reading
We live in a mobile society, and conservatees are no exception. For example, an elder may have multiple residences, living in an out-of-state vacation home part of the year or moving among family members in various states. Or the child of a conserved parent may move to a new state, taking the parent along. And when there’s conflict, a parent may be taken from California to another state to be conserved beyond the reach of other relatives. In these situations, jurisdictional problems can leave families and attorneys uncertain of where and how to proceed. Luckily, a new law aims to resolve these issues. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, New Legal Developments | Tagged: California Conservatorship Jurisdiction Act, conservatorship, jurisdiction, Uniform Adult Guardianship and Protective Proceedings Act | Leave a comment »
Probate avoidance is a primary consideration for estate planners and their clients. A revocable trust is usually the vehicle of choice for making nonprobate transfers, but alternatives have always existed for personal property such as cash in the bank, retirement plan benefits, and brokerage accounts. For real property, no such vehicle existed. Until January 1, 2016, that is. Continue reading