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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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This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
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Addressing Elder Abuse Through Legal Measures: Protecting Vulnerable Family Members
/in Family Law /by Virginia LivelyIt’s a sad fact of life that the very people who loved and protected you when you were most vulnerable eventually become vulnerable themselves. Protecting them from elder abuse becomes your responsibility.
Unscrupulous people look to take advantage of older adults. Scammers, caregivers, and even family members use deception, undue influence, and theft to deprive senior citizens of their hard-earned assets, leaving them afraid, alone, and destitute.
The good news is that there are several strong legal tools that you can use to help protect your loved ones and ensure their financial security during their golden years.
Create a Durable Power of Attorney
Appoint someone trustworthy as a Durable Power of Attorney (POA). A POA gives them the legal authority to manage your loved one’s financial matters if they become incapacitated.
To ensure transparency and prevent misuse, consider requiring regular financial reports or appointing co-agents.
Use Direct Deposit and Automatic Payments
Consider setting up direct deposit for Social Security or other checks and automatic bill pay. These actions can protect a senior citizen from theft, lost mail, or some other interference.
Even small steps can reduce others’ opportunities to tamper with your loved one’s financial affairs.
Set Up a Revocable Living Trust
A revocable living trust is another tool to protect vulnerable family members from abuse. Your loved one will still have control over their assets with a safety net in place if they can no longer manage their finances. A successor trustee or co-trustees can step in if needed.
A trust serves a dual purpose. Not only does it add oversight, but it also helps the family avoid probate, a public legal process that can provide an opportunity for exploitation.
Be Cautious with Joint Bank Accounts
Joint bank accounts can be convenient, but they also expose an older adult’s assets to abuse. Funds in a joint account legally belong to both parties so that either owner can withdraw them without the other’s permission.
A better option is convenience accounts, where a helper can write checks and assist with transactions, but does not own the funds.
A Conservatorship May Be Necessary
If your elderly loved one is being financially exploited or can no longer make sound decisions, you may need to petition the court for a conservatorship. A court-appointed conservator is given legal control over the older adult’s finances. The court will supervise the conservator, which adds an additional layer of protection.
It’s important to note that petitioning for a conservatorship is a serious step and should only be used when other options are insufficient.
Ensure Estate Planning Documents are Current
An up-to-date estate plan should include a will, trust, and powers of attorney. These legal documents clearly identify who is authorized to manage your older loved one’s financial and health decisions.
Review these documents regularly and keep them in a safe place. Remove anyone who does not serve your loved one’s best interest to reduce the risk of exploitation.
Work with LPEP Law to Keep Your Loved One Safe
Our knowledgeable attorneys at Lonich Patton Ehrlich Policastri can help you create the legal documents you need to protect your vulnerable family members from abuse. We can also assist you with petitioning for conservatorship if necessary.
Contact us at (408) 553-0801 to schedule your free consultation. With our help, you can rest assured that your elderly family member’s assets and dignity will be protected.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Estate Planning for Domestic Partnerships
/in Estate Planning /by Michael LonichCommitted relationships can take different forms. Whether it’s a marriage or a domestic partnership, the couple intends to spend their lives together.
However, the law sees relationships in terms of legal responsibilities and protections. There are key differences between marriage and domestic partnership that can affect your rights if one partner becomes incapacitated or passes away. Ensuring that your partner is legally protected and your wishes are honored requires careful estate planning.
Understanding Domestic Partnership Rights
To be recognized as domestic partners, a couple must complete a Declaration of Domestic Partnership with California’s Secretary of State. To register, both parties must be unencumbered by marriage or another domestic partnership and capable of consent.
Registered domestic partners have many of the same rights as legally married spouses, including community property rules, health insurance coverage, and inheritance rights. Domestic partners can also make financial and medical decisions for each other in some circumstances. Still, these protections aren’t necessarily automatic, and without clear legal documents in place, you risk family members or the state controlling your health, finances, and estate.
Domestic Partners Need a Strong Estate Plan
While domestic partners have several rights under California law, those rights can be challenged. While you may intend for all of your assets to transfer to your partner, there is the risk of complications. There may be a disagreement within the family, or the laws may change. An estate plan provides clarity and reduces the risk of conflict.
With an estate plan, you can ensure that your partner inherits the assets as you intended. Furthermore, you can appoint the person you want to make all the financial and medical decisions if you become incapacitated
Essential Estate Planning Documents
An estate plan should be crafted to fit your objectives, but certain components should be included in a comprehensive plan.
1. Last Will and Testament
Your will allows you to name who will inherit your assets and name an executor to oversee the settling of your estate. If you have minor children, you can name who you want to be their legal guardian if you were to pass away.
Without a will, your property will be distributed according to California’s intestacy laws, which may not align with your wishes.
2. Power of Attorney
This legal document grants your partner the authority to handle your financial matters on your behalf if you can’t do so yourself.
3. Advance Directives
An advance directive authorizes your partner to make medical decisions for you if you are incapacitated. You can also state your wishes for end-of-life care, such as “Do Not Resuscitate” or “Do Not Intubate” orders.
4. Beneficiary Designations
Life insurance policies, pensions, and retirement plans allow you to name beneficiaries to receive the proceeds if you die.
5. Living Trust
By placing your assets in a living trust, they can avoid probate and transfer directly to your partner.
Unique Concerns for Domestic Partners
While California recognizes registered domestic partners, the United States government does not. This could impact federal benefits and certain tax advantages, which makes careful planning even more essential.
Let LPEP Law Help with your Estate Plan
A well-drafted estate plan tailored to your domestic partnership can ensure your loved one is protected and your wishes are honored. Our attorneys at Lonich Patton Ehrlich Policastri are estate planning experts and can help you navigate the process.
Contact us at (408) 553-0801 to schedule your free consultation. You will have peace of mind knowing that everything is legally compliant.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Climate Change and Family Law: Relocation Disputes Due to Environmental Factors
/in Family Law /by Gretchen BogerRelocation and custody disputes are nothing new. Family courts have been adjudicating these types of cases for years. Parents need (or want) to move for a variety of reasons such as pursuing new job opportunities or wanting to be closer to their family. But what happens if the relocation request is due to environmental factors stemming from climate change?
Climate change is no longer relegated to melting ice caps far away and air pollution in big cities. Extreme weather events, flooding, wildfires, and heat waves, among other things, are affecting more and more families, forcing parents to make life-altering decisions about how to deal with evacuations, where to live, and how to keep their children healthy and safe.
If one parent wants to move to another city or even another country to escape the effects of climate change but the other wants to stay, they should first try to reach a mutual agreement to revise their child custody agreement. However, if they cannot agree, the parent who wants to move will likely need to file a relocation or move-away case in family court.
Factors the Court Considers
In most relocation disputes, a judge will consider several factors, including:
How Climate Change Affects Relocation Disputes
Relocation due to environmental factors is not a preference but a matter of survival for some parents. For instance, California residents struggling in the wake of wildfires or families living in coastal areas that are being threatened by sea-level rise might feel like environmental risks outweigh the benefits of their current living situation. Safety and stability for their family, rather than a lifestyle choice or convenience, is at the root of these types of climate-driven relocation decisions.
Legal Questions to Be Answered
If the relocation and custody dispute ends up in family court, judges will likely need to answer some difficult legal questions. How real is the risk? When does a move actually become necessary as opposed to preferred? What if one parent can’t move away from the area of concern? Does that mean the child will not maintain contact with that parent? As with other relocation disputes, the court will always prioritize the best interests of the child; however, in cases where climate change is the driving factor, lawmakers will likely need to present scientific evidence such as climate risk assessments.
Get Help With Your Relocation and Custody Dispute
Are you considering a relocation due to environmental factors such as the threat of natural disasters, storms, pollution, or flooding and having trouble agreeing on changes to your custody agreement? Don’t hesitate to put your family’s health, safety, and security first. Schedule a free consultation with the family law experts at Lonich Patton Ehrlich Policastri (LPEP Law). We have years of experience in helping parents navigate difficult child custody issues. Get the help you need with your relocation and custody dispute today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
The Dos and Don’ts of Creating a Last Will and Testament
/in Estate Planning /by Michael LonichCreating a last will and testament may not be at the top of your to-do list, but it’s one of the most important steps you can take to protect your family and your assets. A will ensures that your wishes are carried out after you pass away, helping to avoid confusion, disputes, and unnecessary stress for your loved ones.
But writing a will isn’t as simple as jotting down who gets what on a piece of paper. There are important rules to follow, and mistakes can have serious consequences. Below are some key dos and don’ts to keep in mind.
The Dos
The Don’ts
Create a Last Will and Testament With Support From LPEP
A last will and testament gives you peace of mind knowing your family is cared for and your assets are distributed the way you intend. It’s essential that your will is accurate, comprehensive, and legally valid.
At Lonich Patton Ehrlich Policastri, we help clients create clear, legally sound wills tailored to their unique needs. Our estate planning team makes the process simple and ensures your wishes are protected.
Contact us today to schedule a free consultation and take the first step in securing your family’s future.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Can Child Custody Be in a Prenuptial Agreement?
/in Family Law /by Gina PolicastriChild custody and prenuptial agreements are becoming increasingly popular these days. More people are realizing that a prenup isn’t just for rich people to safeguard their wealth during a divorce. Instead, they can be valuable tools for setting expectations about assets, businesses, and debts.
However, one question is often asked: can you use a prenup to decide child custody arrangements if the marriage ends?
The short answer is no. While prenups are excellent tools for financial planning, custody decisions are based on the child’s best interests. Understanding the limits of a prenuptial agreement is essential to protecting your rights and your family’s future.
What Prenuptial Agreements Can Cover
Prenuptial agreements are legal contracts that enable couples to establish rules regarding financial matters before they get married. When you consider that money arguments are a leading cause of divorce, a prenup can encourage open and honest conversations.
If one spouse enters the marriage already owning a significant amount of assets, a prenuptial agreement ensures that these assets won’t be lost if the couple divorces. Conversely, if the spouse has a considerable amount of debt, the other partner won’t be responsible for paying it. A prenuptial agreement can also protect a family business from being divided or gifts intended for children from prior relationships.
A prenup can also dictate whether either spouse will receive support and in what amount. These agreements provide financial clarity and peace of mind.
Why Child Custody is Different
The courts base their custody decision on the best interests of the child, not a prenuptial agreement between parents. When making their determination, they look at factors such as:
Circumstances change over time; therefore, custody can’t be predetermined years in advance with a prenuptial agreement.
If you attempt to include custody terms in a prenuptial agreement, the court will likely disregard them and other unenforceable clauses, while upholding the remainder of the contract. However, if the judge believes the agreement is extremely one-sided or overly restrictive, it could raise questions about its fairness, thereby putting the entire prenup’s validity at risk.
While you can’t address custody arrangements in a prenup, couples can include other provisions related to children, such as:
Alternatives for Addressing Child Custody Concerns
Rather than relying on a prenup, parents separating or divorcing typically determine custody through parenting plans, which are detailed agreements about co-parenting responsibilities, decision-making, and schedules.
Courts prefer that parents draft their own parenting plans or work with a mediator (a neutral third party) to create a plan that works for the entire family. In situations where mediation is unsuccessful or the parents can’t agree, the court will intervene to determine custody. As the children grow and circumstances change, arrangements can be adjusted to meet the family’s evolving needs.
How LPEP Law Can Help
Prenuptial agreements are powerful tools for financial planning, but they can’t be used to dictate child custody. If you’re considering a prenuptial agreement, our attorneys at Lonich Patton Ehrlich Policastri can help. We will draft a prenuptial agreement tailored to your specific financial circumstances, ensuring it’s fair and in the best interest of you and your children.
Contact us at 408-553-0801 or visit our website to schedule your free consultation. You will have peace of mind knowing that your financial future is protected.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.