Category: Health

CA Adopts End of Life Option Act

Gov. Jerry Brown signed California Senate Bill 128 on October 5, 2015. It will take effect sometime in 2016, barring referendum efforts. WHO QUALIFIES? An adult who is age 18 years or older who has a terminal disease. A terminal disease is defined under the bill as an incurable and irreversible disease that has been [..]

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Compassion for the Caregiver

The vast majority of my clients state in their estate plans that they wish to remain at home in case they become incapacitated or otherwise unable to care for themselves. They prefer to be at home where they have familiar surroundings. The decision to remain at home usually means that one or more caregivers must [..]

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Gifts to Caregivers

Sometimes appreciation is shown by making gifts to the caregiver in a Will or Living Trust. It is not unusual that a person who receives good treatment by a caregiver, especially when this occurs near the end of the person’s life, wants to make a gift to a caregiver at the end of the person’s [..]

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Crimes Against the Elderly

Potential scams and ways in which people are wrongfully trying to separate an elderly person from their money or possessions. STATISTICS FOR LOS ANGELES COUNTY Under the law, a person is considered to be an elder if the person is aged 65 years or older. Statistically, 1 in 5 elders have been victims of fraud [..]

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Addressing End of Life Issues

I am often called when a client is nearing death or has passed away. I am usually asked specific questions regarding the first steps in the administration of a trust or an estate. I set forth below some things to consider regarding End of Life issues for yourself or for a loved one. What Medical [..]

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Caring for the Aging Settlor

It is no secret that family or friends of an aging person are faced with many challenges when they try to care for the elder, both physically and financially. I will use the term “Settlor” to mean the aging person who established a living trust or is the principal of a medical or financial power [..]

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Marital Property on Death of Spouse

Property for married couples in California may be characterized in three different ways: separate property (belonging to only one spouse solely), community property (belonging to both spouses in equal and undivided portions),or quasi-community property (property located outside of California that would be considered community property if it were held in California). In this newsletter, reference [..]

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Health Care Under HIPAA: Changes in Your Privacy Rights

California and federal laws provide for the confidentiality of a patient’s medical information. The general rule is that a patient’s medical information may not be disclosed without the patient’s express written consent.   However, there are at least two major statutory and regulatory provisions which affect the disclosure of confidential medical information and may prevent your [..]

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Incapacity and Your Retirement Plans

During the planning of your estate, you probably signed Health Care Power of Attorney. The power of attorney should be made durable. This means that you want your named agent to make medical decisions for you if you become incapacitated and unable to make such decisions for yourself. Without the word “durable” or reference to [..]

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