Short answer, yes. Competent adults have the right to refuse medical treatment. But that doesn’t mean that the state can’t get involved. Continue reading
Estate Planning
Who Will Handle Your Law Practice If You Can’t?
No one likes to think about it, but sole practitioners should take some time to plan for what will happen in the event of their death or disability. Do you have a plan for who will handle your practice if the need arises? Continue reading
Choosing the Appropriate Elder Abuse Civil Protective Order
Unfortunately, elder abuse is a much more rampant problem than we’d like to admit. In fact, studies show that approximately 10 percent of Americans aged 60 or over have experienced some form of elder abuse.
For attorneys with older or at-risk clients, it’s important to keep in mind the different protective orders available and to select the most appropriate order to ensure your client’s ongoing safety and welfare.
Dog Bites Man: GRAT Property Included in Gross Estate on Grantor’s Death During Trust Term
The district court decision in Badgley v U.S. (ND Cal, May 17, 2018, No. 17–cv-00877–HSG) 2018 US Dist Lexis 83537 confirms what we have long believed: The value of a grantor retained annuity trust (GRAT) is included in the grantor’s estate if the grantor dies during the term of the retained annuity interest. Continue reading
Endless Summons: No Statute of Limitations on Spouse’s Claim for Breach of Fiduciary Duty
The appellate decision in Yeh v Tai (2017) 18 CA5th 953 completely misses the main issue in the case but still makes an important point about breach of fiduciary duty claims against a deceased spouse. Continue reading
How to Set Up Power Over a Client’s Digital Assets
An increasingly important issue in estate planning is how to handle a decedent’s digital assets, e.g., email and social media accounts, digital files and photographs stored in the cloud. Here’s what to do.
How to Allay Fears About Advanced Health Care Directives
In addition to the natural fear of becoming incapacitated, some people hesitate to sign an Advanced Health Care Directive (AHCD) because they worry it will take away their power to make decisions. Here are some facts to allay those fears. Continue reading
Make Sure Your Client’s Will and Lifetime Decisions Are In Sync
People expect that their property will be distributed according to their will when they die. This is generally true, but the testator may have made decisions during his or her lifetime that override the will provisions. Continue reading
What to Do If Your Client Dies Abroad
Although most attorneys never get involved with probate administration outside the United States, you might encounter practical problems if your client, who’s a California domiciliary, dies abroad. Continue reading
Checklist: Reviewing an Estate Plan
Attorneys are often asked to review a will prepared by either another attorney or the client who used a self-help book. But review of an existing will really means an estate plan review, including beneficiary designations and powers of attorney. It’s relatively simple to spot improper drafting, but harder to determine whether needed provisions were omitted. This checklist will help you review a will and estate plan to make sure it’s up-to-date and meets your client’s needs. Continue reading
