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LONICH PATTON EHRLICH POLICASTRI
1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com
LONICH PATTON EHRLICH POLICASTRI
Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com
1871 The Alameda, Suite 400
San Jose, CA 95126
Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.
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Why Is It So Important To Have a Medical Power of Attorney?
/in Estate Planning /by Michael LonichHumans prefer predictable situations and outcomes. Predictability means less stress and anxiety and an overall sense of control. It’s why some people read their horoscope, visit psychics, or have tarot readings. After all, if we know what will happen, we can be better prepared.
But life is unpredictable, and we can’t know the future. However, we can still be prepared. That is what a medical power of attorney provides.
What is a Medical Power of Attorney?
A Medical Power of Attorney (POA) is a legal document designating a trusted individual, known as an agent or healthcare proxy, to make healthcare decisions on your behalf if you are incapacitated.
Even with advanced healthcare directives, you still need a medical POA. Advance directives often outline your wishes for end-of-life care. It provides guidelines to your medical team regarding life-extending measures, such as no feeding tubes, Do Not Incubate (DNI), and Do Not Resuscitate (DNR).
A medical POA covers situations not covered by your advance directives. For example, if you are in an accident, they have the authority to make medical decisions for you regarding your care, such as what types of treatment you should and should not receive.
A Medical POA Provides Peace of Mind
There are several good reasons to have a medical POA, such as:
Key Components of a Medical Power of Attorney
To ensure your medical POA is legally binding and accurately reflects your wishes, it should include the following:
1. Scope of Authority
Your medical POA should clearly describe the decisions your healthcare proxy is authorized to make, such as medical treatments, procedures, and care plans. Their authority is limited to what is listed in the document and the law.
2. Activation
There should be a clause specifying when the medical POA becomes effective, which is typically when a healthcare professional deems you incapacitated.
3. Preferences
You should include instructions if you have specific medical preferences you want your healthcare proxy to follow, such as life-sustaining treatments.
4. Revocation
The document should include a statement affirming your right to revoke or amend the medical POA at any time, as long as you are mentally competent.
Your Medical POA is Part of a Comprehensive Estate Plan
Your estate plan is more than just deciding how to distribute your assets after you pass away. It also includes essential elements such as:
A comprehensive estate plan is about preparing for life’s unexpected events and reducing the emotional and financial burden on your family.
Our attorneys at Lonich Patton Ehrlich Policastri are experienced estate planners. We are ready to help you create a medical power of attorney and any other necessary estate planning documents. We understand that everyone’s needs are different, which is why any legal document we create for you reflects your values and protects what matters most to you.
Contact us at (408) 553-0801 to schedule your free consultation. You can’t predict the future, but you can be prepared for it.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What To Know About Financial Affidavits
/in Family Law /by Virginia LivelyFinancial affidavits play a significant role in a variety of legal proceedings, such as divorce, child custody, and financial support. It’s a legal document that provides an in-depth look at an individual’s income, expenses, assets, and liabilities.
Why are financial affidavits so crucial, what needs to be included, and how can you ensure yours is accurate?
Let’s get started.
When Do You Need a Financial Affidavit?
Divorce proceedings are one of the most common scenarios requiring a financial affidavit. California’s community property laws require marital assets to be divided equally while each party retains their separate assets they had at the start of the marriage.
Still, dividing the assets and determining each person’s financial responsibilities can be challenging. With a financial affidavit, the court is better able to assess each person’s financial position and make decisions regarding the division of assets and debts and spousal support.
The court can also ensure the child’s financial needs are met with support payments.
In addition to family law cases, financial affidavits may be required for large loans and mortgages so the lender can determine your ability to repay the loan. They can also be used to settle other legal matters, such as probate or the dissolution of a business partnership.
What Information Is Included in a Financial Affidavit?
California’s Income and Expense Declaration is very detailed and broken down into sections:
Income
In addition to your employer, education, and tax filing information, you must disclose all forms of income you receive, including wages (minus deductions), commissions, rental income, government assistance, and investments. You must also provide two months’ worth of paystubs and proof of other income.
Assets
This portion lists what you own, such as bank accounts, real estate, retirement investments, vehicles, and other assets you could easily sell minus the amount still owed.
Expenses
The form will ask you to list the people who live with you and if they are contributing financially to the household expenses. This section also wants details about your current financial obligations, like housing, utilities, and food. It also wants you to list your discretionary spending on entertainment and vacations.
Liabilities
Other financial obligations, such as car loans, student loans, and credit card payments, also need to be included so the court can have a comprehensive view of your financial situation.
The Importance of Transparency and Accuracy
Your financial affidavit is a legal document. Therefore, it’s vital that you present a truthful picture of your financial health. Avoid guessing at your numbers. Double-check and verify the information you entered and have your supporting documents ready.
If the court finds any discrepancies or omissions, it could harm your credibility, delay court proceedings, and result in legal consequences. Transparent and honest records pave the way for a fair resolution.
Let LPEP Law Help
Considering how crucial the financial affidavit is to your divorce proceedings, you don’t want to leave anything to chance. Our lawyers at Lonich Patton Ehrlich Policastri can work with you to ensure your affidavit is complete and gives an accurate, in-depth picture of your finances and supporting documentation. Doing it on your own can be stressful. By letting us handle the details, you can know that our experienced professionals are working to protect your interests.
Contact us at (408) 553-0801 for a free consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Estate Planning for LGBTQ+ Couples: Navigating Legal Considerations and Challenges
/in Estate Planning /by Michael LonichAnyone who has assets should have an estate plan. In some cases, estate planning for LGBTQ+ couples can be even more important to make sure that your wishes with regard to distribution of assets, guardianship of children, and healthcare and medical decisions are honored. Below, we’ll go over some specific legal considerations that LGBTQ+ couples should consider and unique challenges that you might face when it comes to estate planning.
Marital Status and Legal Rights
Although same-sex marriage is recognized legally at the national level, some states might not automatically recognize the rights of same-sex partners, especially when it comes to healthcare decisionmaking, inheritance rights, joint ownership of property, and tax benefits for spouses. In some places, LGBTQ+ couples are limited to civil unions or domestic partnerships. Although these statuses offer some protection and benefits, they might not be as robust as couples would like, so it’s vital to clearly document what you want using the legal documents discussed below.
Wills and Trusts
One of the first things to think about in estate planning is creating a will. List all of your assets and debts and how you would like everything to be distributed. For LGBTQ+ couples, a detailed will is especially important if you have children from a prior relationship, if you are unmarried, or if your family members do not accept your relationship. Clearly state who the beneficiaries are and what they should receive. Note that you should also designate your partner as your primary beneficiary on life insurance policies, retirement accounts, and other financial assets to ensure these benefits do not default to a biological family member.
You might also consider establishing a trust to help protect your assets and ensure that your partner is able to inherit directly without any legal issues or familial conflict. Trusts can also sometimes provide tax benefits and protect assets from creditors and the probate process.
Guardianship Provisions
For LGBTQ+ couples with children, it is important to establish legal parental rights, especially for the non-biological parent of stepchildren or for both parents if the children are adopted. This legal recognition means that both partners have custody and guardianship rights, which can protect against potential challenges from biological family members after the death of one of the partners. In addition, you can appoint a guardian for your minor children (including biological, adopted, and stepchildren) in your estate plan to clearly set out your wishes.
Healthcare Directives
Consider establishing a healthcare proxy or power of attorney for your partner. In some cases, without this provision, your partner might not be legally able to make necessary medical decisions for you if you become incapacitated. If you prefer, a living will can also specify your preferences for medical treatment if you become unable to communicate, which could become important if you are concerned that your family members might not recognize your partner’s role in your life.
Work with LGBTQ+ Estate Planning Experts
Clear, detailed, legally enforceable estate planning documents can help protect your partner and your family and minimize the risk of legal challenges from unsupportive family members. Given the unique challenges that LGBTQ+ couples might face, it’s a good idea to work with estate planning attorneys who are well-versed in these issues. The estate planning group at Lonich Patton Ehrlich Policastri can guide you through the estate planning process and help you navigate difficult and emotional decisions. Call us to schedule a free consultation today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
New Legislation on Family Leave: Implications for Custody and Support Agreements
/in Family Law /by Mitchell EhrlichDivorce is hard. Trying to negotiate and balance child custody agreements or determine child support can add stress to an already emotionally draining situation. Laws regulating family leave aim to protect families by providing a framework to allow individuals to take time off when they need it to care for children or other family members without the threat of losing their job and income. In this article, we’ll look at family leave and some of the implications for custody and support agreements.
State vs Federal Laws
Under the federal Family and Medical Leave Act (FMLA), qualified employees are entitled to take up to 12 weeks of unpaid leave within a 12-month timeframe for specific medical or family-related reasons. While there have been proposals to broaden the scope of the FMLA, its current provisions remain limited. Parents may only take leave to bond with a newborn, newly adopted, or foster child, or to care for a child facing a serious health issue.
For those not eligible for the FMLA, you might find some relief through state-specific policies on family leave, although these vary greatly from state to state. Several states have enacted mandatory or voluntary paid family leave laws, which lessen the financial burden on parents who need to take time off to care for children. Even if your state does not yet have policies in place, it’s a good idea to keep checking because family law is a dynamic field, and changes could impact custody and child support agreements.
Impact on Custody Agreement
Whatever family leave policies are in place with your employer could affect your capacity for physical custody or availability for a visitation schedule. If you are able to take extended time off, or if your work schedule can be more flexible, you might be able to ask for joint custody or a more favorable visitation schedule (i.e., not limited to weekends).
Some state family leave legislation also provides for gender-neutral leave policies, which means that both parents can take time off as needed, which opens the door for a more balanced and equitable custody arrangement and visitation schedule.
If you already have a custody agreement in place, you might need to provide proof from your employer that you will be able to take leave to care for your child before any adjustments will be made.
Impact on Child Support
Courts often calculate child support agreements based on parents’ income, so agreements might need to be modified in light of family leave, especially if it is for an extended time. Paid family leave, where available, can reduce the financial strain on parents and make it easier to meet child support obligations. However, if family leave is unpaid, a parent’s income might be reduced, which could then reduce child support obligations, at least while the parent is on leave.
Family Law Experts in California
If you live in California and have questions about state family leave legislation and how it might affect your custody or child support agreements, it’s best to speak with certified family law specialists who are committed to staying on the cutting-edge of important legal developments in family law. The family law group at Lonich Patton Ehrlich Policastri (LPEP Law) has extensive experience in helping clients navigate the family court system and will work toward the best outcome for you and your family.
Call LPEP Law at 408-553-0801 to schedule a free, no-obligation consultation to discuss your custody and child support issues. Get the help you need today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Elderly Parents and Estate Planning: Navigating Complex Family Dynamics
/in Estate Planning /by Michael LonichEstate planning can be an emotional topic, especially when elderly parents are involved. But taking the time to talk through your loved ones’ wishes, prepare legal documents, and establish a clear plan can help avoid unnecessary stress, conflict, and legal headaches down the line. Here’s a guide to help you understand what to expect when it comes to these important conversations.
Why Does Estate Planning Matter More with Age?
As parents get older, decisions about their health, finances, and assets become increasingly urgent. Without a will or trust in place, the state of California determines how property is divided—and that might not reflect your family’s true intentions.
Estate planning isn’t just about who gets what. It’s also about:
Family Tensions Are Common, But Avoidable
In many families, different personalities and perspectives can lead to tension. Maybe one child lives closer and feels more involved, while another lives farther away but wants an equal say. Add in stepchildren, second marriages, or unresolved childhood issues, and things can get complicated quickly.
It’s important to remember that estate planning is not just a legal issue – it’s a family one.
Open, honest communication is key. Parents should have clear discussions with their adult children, ideally with the help of a trusted attorney or financial planner. Having a neutral third party can reduce misunderstandings and help everyone stay focused on what matters most: honoring your parents’ wishes and protecting their legacy.
Tips for Navigating Difficult Conversations
Talking about death or declining health is never easy, but there are ways to make the process smoother:
How Lonich Patton Ehrlich Policastri Can Help
At the end of the day, estate planning is an act of love. It brings peace of mind to elderly parents—and provides clarity and comfort to the family members they leave behind.
Navigating these issues on your own can be a burden, and may not result in the best outcomes for you and your parents. At LPEP, our skilled family law attorneys can guide your parents through the process, help create a customized estate plan, and ensure it’s legally binding under California law. They can also serve as mediators if family disagreements arise.
Don’t leave anything to chance – ensure your family’s wishes are legally documented with LPEP’s estate planning services.
Schedule your free consultation today.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.