How is a Special Needs Trust Different From a Revocable Trust?
A special needs trust is a vital tool for planning the future of children with special needs. Like all trusts, a trustee manages, on behalf of the beneficiary, the funds for the trust. What sets apart the special needs trust from other types of trusts is that they specifically protect the assets and retain public […]
Is a Conservatorship Permanent?
In a conservatorship, a judge of the court appoints an organization or a person to act as the conservator for a vulnerable adult who cannot provide for his/her own finances or care for himself/herself. The vulnerable adult is known as the conservatee. There are several types of conservatorships that exist in California under the California […]
What is a Guardianship?
A California guardianship is a legal proceeding where someone other than a child’s parent receives authority over property that belongs to the child – and/or custody of the child. In order for a court to appoint someone as a child’s guardian, the applicant will need to file a formal petition and other documents. The court […]
What is a Conservatorship and How Does It Work?
In the State of California, a conservatorship is a proceeding that takes place in court. During the hearing, the court will decide as to whether an adult is able to manage his or her own basic needs. These needs include the ability to manage one’s finances, obtain medical care, and obtain food and shelter. The […]
What Power Does a Conservator Have?
In California, a conservatorship may be set up when an adult is unable to manage or satisfy his/her basic needs. For example, the vulnerable adult might not be able to obtain food or shelter, manage finances, or obtain the medical care and treatment that he or she needs. When a conservatorship is set up in […]
Are You Ready for Real ID?
The REAL ID Act, as described by the U.S. Department of Homeland Security, will take effect on May 3, 2023. Under the Real ID act, travelers must be REAL ID-compliant to board domestic flights and also to access particular federal facilities. The REAL ID initiative will change the way in which Americans travel and interact […]
What Can I Do to Have My Daughter as a Durable Power of Attorney?
A power of attorney, sometimes known as a POA, is put in place to allow another person to handle various matters on your behalf if you become incapacitated. These matters often include healthcare and finances. People have durable powers of attorney in place to prepare for medical emergencies and mental incapacity. When a durable power […]
Do I Need a DNR if I Have an Advance Directive?
A DNR is a ‘do not resuscitate order’ and is oftentimes part of an advance directive. It is always important to have an advance directive in place if you become incapacitated and are unable to make medical and personal decisions on your own. Even with an advance directive, you want to make sure to have […]
How Can I Speak to Medical Professionals on my Mother’s Behalf?
When it comes to managing the healthcare of a parent and speaking with a medical provider, California state and federal laws are very strict on who can receive updates. The law is even particular as to which individuals are eligible to make medical decisions on behalf of a parent and/or participate in conversations with doctors and other […]
How to Choose an Elder Law Attorney
As the world population continues to grow significantly, so too does the elderly population in the United States. Statistically, the number of older adults in America has seen significant growth over recent years. Many experts estimate that by the year 2050, the elderly over 65 will outnumber the younger population of 21 years and younger. […]