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It’s my birthday month, obviously September is one of the best months, for that reason, but it also, growing up on the east coast, was the start of a new school year and the change of the seasons. The weather got colder, leaves started to fall and sweaters were...
It can be frustrating to a Conservator when they attempt to marshal an asset held by a financial institution in another state and that institution does not recognize their California Letters of Conservatorship. I had this happen recently when my client tried to have...
I recently was contacted by a potential client asking me to set up a Miller Trust for them. I have to admit that I did not know what they were talking about but discovered that was for good reason since California does not allow Miller Trusts otherwise known as...
I often have potential clients come to me asking for ways to protect their assets. They are sometimes under the impression that their family trust provides a layer of protection in a way that a business or irrevocable trust protects assets, and that is just not the...
I don’t have one and I have never advised a client to get one, but I recently listened to a news report about “do not resuscitate” or “DNR” tattoos and I was fascinated. The report was not specific to California but there has been discussion about whether such a...
Some recent changes in the Probate Code have made it more onerous to sell a conservatee’s current or former personal residence in a conservatorship of the estate. The intent of the legislature was to protect the conservatee regarding making sure that the conservatee’s...
My oldest is a junior in high school, but she is fast approaching legal adulthood. I am reminded of this as we visit colleges and discuss all the exciting new adventures that are just around the corner for her. As college-bound students prepare for the next chapter...
I was recently appearing in El Dorado County for a regular biannual review of a conservatorship of the person. I represent the conservator and the judge informed all of us attorneys and conservators appearing that day that starting January 1, 2025, a care plan will...
In a conservatorship of the estate, there may be several types of transactions that need to be handled by the conservator of the estate which requires the court to specifically approve. This is where a petition for substituted judgment is used. Basically, it is...
The Social Security Administration announced in March 2024 that it will be omitting food from in-kind support and maintenance (ISM) calculations starting September 30, 2024. Supplemental Security Income (SSI) provides monthly payments to adults and children with a...