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09/29/2023

LPS (Mental Health) Conservatorship: https://calegaldocs.com/lps-mental-health-conservatorship/

WHAT IS A MENTAL HEALTH (LPS) CONSERVATORSHIP?

A mental health (LPS) conservatorship makes one adult (called the conservator) responsible for a mentally ill adult (called the conservatee). These conservatorships are only for adults with mental illnesses listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM).

The most common illnesses are serious, biological brain disorders, like:

Schizophrenia,
Bi-Polar Disorder (Manic Depression),
Schizo-affective Disorder,
Clinical Depression, and
Obsessive Compulsive Disorder.
LPS conservatorships are not for people with organic brain disorders, brain trauma, retardation, alcohol or drug addiction, or dementia, unless they also have one of the serious brain disorders listed in the DSM.

Mental Health LPS comes from the names of the California legislators who wrote the LPS Act in the 1970s: Lanterman, Petris, and Short.

LPS (MENTAL HEALTH) CONSERVATORSHIP – SUMMARY
If the adult you are trying to help is not gravely mentally ill, see the Conservatorships. If the adult you are trying to help is developmentally disabled, see Limited Conservatorships.

09/29/2023

Trustee’s Duty to Account to Trust Beneficiaries: https://calegaldocs.com/trustees-duty-to-account-to-trust-beneficiaries/

Trustee’s Duty to Account – STATE LAWS RE TRUST ACCOUNTING.

The California probate code sections quoted below state the laws about providing accountings to trust beneficiaries. Generally, the trustee only has to provide the annual accounting to “each beneficiary to whom income or principal is required or authorized in the trustee’s discretion to be currently distributed.” The trust document has to be read and interpreted to determine who is entitled to accountings. Keep in mind however that the courts have been expanding the people who are entitled to a trust accounting so legal counsel should be consulted to determine whether an accounting is available. Especially if the trustee is refusing to account and/or claims that an accounting is not required.

PEOPLE INVOLVED IN A TRUST?

Because trusts are not filed or recorded with any government agency, laws have been established to make sure that heirs and trust beneficiaries have some way to find out about a trust and its assets. The parties involved in a trust are typically the Trustors who set up the trust, the Trustees who administer the trust and the Beneficiaries who are the persons who are to receive assets and income from the trust.

09/29/2023

CARING FOR ANOTHER’S CHILD: https://calegaldocs.com/caregivers-authorization-affidavit/

Caregiver’s Authorization Affidavit

Frequently parents find that they need someone else, often a grandparent or other family member, to care for and make decisions for their children, but they do not want to establish a formal guardianship. When you are caring for another’s child, there are a variety of factors that can attribute to why parents and the person who has care and physical custody of a minor may not want to pursue a legal guardianship. Some of the factors may include a difficult relationship between the parents and caregiver, parents’ refusal of consent to a legal guardianship, or the caregiver may not want the hassle of applying for legal guardianship. More often it is the case that the caregiver will be taking care of the minor only temporarily.

As an alternative to a legal guardianship

Caregivers can sign a Caregiver’s Authorization Affidavit. A Caregiver’s Authorization Affidavit is an official form based on California’s recognition that adults who have minors living with them are “caregivers” who often want and need to take some responsibility for the minor’s education and other care. A relative who has signed a Caregiver’s Authorization Affidavit may enroll a child in public school, make school-related medical decisions, and make other important decisions on the minor’s behalf. Non-relatives may also use this form to enroll a child in school and to receive school related medical treatment. According to California Law, schools and medical care providers must accept this form if it completed correctly. It is important to note that only the caregiver is required to sign the form, not the minor’s parents. California Law specifically sets out the requirements for the affidavit. Once completed, the affidavit should be notarized.

09/29/2023

What Does It Mean to be Named as Custodian: https://calegaldocs.com/what-is-a-custodian-of-an-estate/

What is a Custodian of an Estate? A Custodian holds a minor beneficiary’s inheritance until they are old enough to receive it directly.

Your friend, a loved one or family member has created their revocable living trust. They’ve just named you as a custodian for a gift left to a minor or young adult. Now what? What do you do? What does that mean?

There is also the possibility that if you were named as an alternate custodian. What does that mean? What do you do? This means you will be asked to serve only if the person named as legal custodian is unable to, or declines to serve.

What is a Revocable Living Trust?

A living trust is a separate legal entity that takes legal ownership of property that belongs to someone who created the trust agreement. Unlike a will, a living trust passes property outside of probate court. There are no court or attorney fees after the trust is established except if the successor trustee wishes to get legal counsel opinion. Your property can be passed immediately and directly to your named beneficiaries. In a simple trust, the person who created the trust is usually the person who will manage the property during their lifetime in the same way or any way they wish before and after the trust was created.

09/29/2023

Five Steps to Fund Your Living Trust: https://calegaldocs.com/five-steps-to-fund-your-living-trust/

Five Steps to Fund Your Living Trust – We always are encouraging all of our clients, friends and family to create a Living Trust. This is so that their families can avoid the Probate process. Unfortunately, there is always one critical step that occasionally is left out and thus leaving the family vulnerable to Probate. It is not enough to just simply having a Trust; Living Trusts require that you fund your assets which basically means you need to move your assets into the Trust. Without taking this very important action, your family will likely end up facing Probate in court. Below are the top five steps to funding your Living Trust:

Five Steps to Fund Your Living Trust – Five Asset Categories that can fund a Trust:

1. Transfer Real Property
2. Transfer Titled Personal Property
3. Fund Untitled Personal Property
4. Bank and brokerage accounts
5. Business Interest

09/29/2023

Fiduciary Accounting: What is it, and who is required to submit one?
https://calegaldocs.com/fiduciary-accounting/

A conservatorship accounting, which is a form of fiduciary accounting, is a comprehensive report of the activity within a conservatorship during a specific period. To assure that the conservator is properly carrying out their duties of managing the conservatee’s finances, the Court requires that a conservator submit a periodic accounting for its review and approval.

An appointed individual must submit an accounting when they hold the authority to conserve, manage, and use the conservatee’s property for the benefit of the conservatee. Thus, accountings are required when the Court appoints a conservatorship of the estate. By contrast, accountings are not required if the Court appoints only a conservatorship of the person. This is because while an individual appointed only a conservator of the person may assist a conservatee with their personal affairs, they have no authority to manage the conservatee’s finances.

09/29/2023

Probate Accounting in California
https://calegaldocs.com/probate-accounting-in-california/

The right to a trust accounting, also known as probate accounting in California, is provided under the terms of the Probate Code and under the terms of the trust document (subject to any overriding provisions of the Probate Code). For starters, California Probate Code section 16060 provides that the trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration by providing an accounting at least once a year.

Right to information:

Further, under California Probate Code section 16061, except as provided in Section 16069, on reasonable request by a beneficiary, the trustee must provide information to the trust beneficiary relating to the administration of the trust relevant to the beneficiary’s interest. This means that a beneficiary has the right to all information, relating to the beneficiary’s share of the trust.

09/29/2023

Helping Protect Seniors from Fraud/Helping Protect Seniors from Identity Theft
https://calegaldocs.com/helping-protect-seniors-from-fraud-and-identity-theft/

Senior citizens may also be less likely to report fraud because they don’t know who to report it to, are ashamed, or may be afraid, the FBI says. For instance, a fraud victim may worry that if family members discover the fraud, they may believe the victim is no longer able to manage his or her own finances.

Among consumers in their 20s, 43 percent who reported fraud in 2018 said they lost money, compared to 15 percent of those over age 70, according to the Federal Trade Commission. However, consumers in their 70s reported losing more money to fraud – a median of $750 per victim, compared to $400 for people in their 20s.

“The people involved are vulnerable, and because of their stage in life, they don’t have the opportunity frequently to recover,” Attorney General William Barr said in March 2019. “And so these losses are devastating to them.”

09/29/2023

Credit and Debt After Death: What You Need to Know
https://calegaldocs.com/credit-and-debt-after-death/

When a person dies with debt, their estate becomes responsible for paying it back. However, if there isn’t enough money in the estate, then generally no one else is obligated to pay.

What Happens to Credit Reports After Death?

When someone passes away, his or her credit reports aren’t closed automatically. However, once the three nationwide credit bureaus — Equifax, Experian and TransUnion — are notified someone has died, their credit reports are sealed and a death notice is placed on them.

That notification can happen one of two ways — from the executor of the person’s estate or from the Social Security Administration. Estate executors or court-appointed designees, however, are encouraged to contact at least one of the three nationwide credit bureaus so that the deceased’s credit report can be flagged, appropriately.

09/29/2023

Questions to Ask Before Moving to Assisted Living
https://calegaldocs.com/questions-to-ask-before-moving-to-assisted-living/

Retirement planning involves more than just your own personal financial goals. You also need to think long-term about dependent family members, such as your parents or other elderly relatives. You may one day face the choice of whether to move an aging loved one into an assisted living facility where they can receive round-the-clock care. Once you decide that someone close to you needs to make this transition, it’s important to ask the right questions to make sure they receive the best care possible.

When considering assisted living facilities, make sure that your parent or loved one is also involved in the decision so that they can feel confident in their new home. Together, take a long look at the options and assess the following:

1. What services does this facility offer? Ask the facility’s representative about what services are available and confirm that they align with the specific care your loved one needs.

2. Is my loved one’s information safe? Many people in an assisted living facility have access to residents’ personal data — including their Social Security and Medicare numbers. To protect against identity theft, ask how the facility keeps this information out of the wrong hands.

3. How do you handle medical emergencies? Always ask what the policy is for emergency care services. What happens if your parent or loved one has a heart attack, suffers a stroke or falls? Will the facility provide immediate assistance before external emergency services arrive?

4. How do you handle non-emergency medical care?Ask if there is a physician or nurse to conduct physical examinations and distribute medication. Are residents still required to see their primary care physicians?

5. Is your facility up to date and compliant with relevant regulations? Ask about recent inspections and research any complaints that have been filed against the facility through the Better Business Bureau.

09/29/2023

Five Financial Conversations for Seniors - https://calegaldocs.com/five-financial-conversations-for-seniors/

Having a financial plan in place for aging loved ones can help reduce stress down the line.

Before tackling more complicated issues, check in with your parents about their day-to-day financial situation, including their income, expenses and savings.

Pay close attention to your loved ones’ credit accounts and histories, taking note of any debts they are struggling to pay on time.

Starting financial conversations with aging loved ones is often difficult. Even as they age, many seniors are more comfortable taking care of their loved ones than the other way around. They may be hesitant or even embarrassed to discuss their finances.

However, making a clear plan about money while a loved one is still in good health can help reduce stress down the line. These are five important financial topics to discuss with your aging loved ones rather than later.

09/29/2023

In California, when a loved one dies without an estate plan, their estate needs to pass through the probate court.

How Long Does Probate Take?
https://calegaldocs.com/how-long-does-probate-take/

So that heirs can receive their inheritance. Many heirs may wonder: How long after filing a probate case will I get my money? This answer can vary depending on many factors.

How Long Does Probate Take?
Wondering how long a California Probate takes? While the timeline for a typical California Probate varies based on the each county, most follow a similar pattern. So here is an example of a typical California probate timeline.

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