Effective January 1, 2022, California Probate Code Sections 15800 and 16069 are amended by Assembly Bill 1079. The change in law affects Trustees who assume their role when the settlor or trustor (the creator of the trust) becomes incapacitated. Typically, the person or persons who create a revocable living trust hold the power to be able to revoke the trust.…
In California, owning assets in a revocable trust enables your family to avoid probate, a court process used to transfer assets to beneficiaries of a will or the decedent’s heirs. One of the main reasons to create a trust is to avoid probate. Unfortunately, more often than we would like, when we assist clients with trust administration after the death…
The Aged and Disabled Medi-Cal program pays for long-term care in a skilled nursing facility and care at home through In Home Support Services (IHSS). In order to qualify for this type of Medi-Cal, you must meet an income test, or have a share of cost if your income is too high, and you are limited in the amount of…
In 1987, President Reagan signed a ban on the use of drugs in nursing homes that were prescribed to chemically restrain patients, unless the medications are needed for that patient or other residents’ safety. However, in September 2021, the New York Times has reported that antipsychotic drugs were frequently used on dementia patients in the 2000s, notwithstanding the almost doubled…
This seems like a simple question, right? My retirement goes to the person I listed as my beneficiary (spouse, kids, etc.). Most of the time this is true, yet we also get a fair share of people having to file a probate for an IRA or having to request the court to allow someone to set up a special needs…
Big Three from Episode #059: Elder mediation can help families reach agreements about legal, financial, and care planning for their aging loved ones and their estate. Even if you think a conflicting party will not agree to mediation, it’s worth getting in touch with a mediator to find ways to engage the parties in communication. The ultimate goal is to…