As estate planning and trust administration attorneys, we run into quite a few issues regularly with clients where the issue can be resolved by looking at specific documents. Often, the clients cannot find those documents, either because they are very old or because they do not appear to be very important. Here we will go through a list, although not…
When completing any estate planning, including a trust, will, power of attorney, or health care directive, the person signing the documents must have what is called “capacity” in order to sign the documents. There are two kinds of capacity in estate planning: testamentary capacity and contractual capacity. Testamentary capacity is a lower form of capacity and is required by a…
The Veteran’s Administration has two major financial programs for Veterans: Compensation and Pension. VA Compensation is a benefit paid on the basis of the kind and severity of a disability that occurred as a result of active duty military service. VA Pension is a benefit paid on the basis of a disability that was not a result of active service…
It’s never too early to start planning for eldercare, whether for a relative, a spouse, or yourself. Generally, eldercare is separate and distinct from nursing home care. Nursing homes provide medical and personal care in a clinical setting. Eldercare offers personal care in a home-like or social setting. In California, there are three primary types of eldercare: Assisted living, home…
It’s no secret that our most vulnerable population during this COVID-19 pandemic has been our seniors and older adults. They need extra protection and closer oversight because of the isolation they have been put in. The questions that remain include things like, “Who is there to make sure necessary care doesn’t fall through the cracks?” “How can I stay in…
