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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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Does Your Loved One Need a Conservator?
/in Estate Planning /by Michael LonichA conservator is a person appointed by the court to manage the health care and/or financial matters of an adult (the conservatee) who is found to lack the legal capacity to care for themselves. A conservatee does not lose all of his or her rights. The conservatee retains the right to be treated with understanding and respect, have his or her wishes considered, and to be well cared for. In addition, conservatees retain the right to ask a judge to end or change the conservatorship.
There are two types of conservatorships: conservator of the person and conservator of the estate. A conservator of the person arranges for the conservatee’s care and protection and decides where the conservatee will live. The conservator of the person is also in charge of health care, food, personal care, and housekeeping. However, a conservator cannot move the conservatee out-of-state. In addition, the conservator cannot put the conservatee in a mental health treatment facility. A conservator may be able to move the conservatee into a special residential care facility provided certain protocol is met.
A conservator of the estate is responsible for managing the conservatee’s finances, protecting his or her income and property, compiling a list of everything in the estate, making a plan to make sure the conservatee’s needs are met, paying the conservatee’s bills, and other duties. A conservator must remember to keep his or her own assets separate from the conservatee’s assets.
For more information on conservatorships, please visit Lonich Patton Erlich Policastri. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Divorcing and Thinking about Adopting a Baby as a Single Parent?
/in Family Law /by Mitchell EhrlichAn article recently published in the Huffington Post discusses a new trend emerging in Hollywood: recently divorced celebrities adopting babies. The list of Hollywood’s recently divorced mothers with newly adopted children is growing. Madonna adopted a child after her split from Guy Ritchie. Sandra Bullock also adopted a child after she divorced Jesse James. Most recently, reports circulated that suggest that Eva Longoria is looking to adopt a child after her divorce from Tony Parker is finalized.
While this trend may be growing, particularly within the celebrity community, the Huffington Post article tries to make a point: while adoption is a wonderful thing, adoption immediately following a divorce may pose a variety of difficult challenges . As any divorced person could recount, divorce is a stressful, life-changing event. Recently divorced individuals must cope with a new lifestyle while dealing with raw emotions. As cute as babies can be, they need ample amounts of love, attention, and patience. As many new divorcees are running low on emotional stamina, it may be difficult for them to cope with the demanding needs of a newly adopted child.
For more information about California divorce, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Source:
The Huffington Post
Why You Should Get Clean: Your History of Drug or Alcohol Abuse Can Affect Your Child Custody or Visitation Rights
/1 Comment/in Family Law /by Mitchell EhrlichCalifornia family law requires that before child custody and visitation orders are made, a judge must take into consideration what is in the child’s best interest. When a judge is considering what is in the child’s best interest, he or she may look at any factors that are relevant. In addition, the judge must consider the child’s health, safety, welfare, history of physical abuse, and either parent’s habitual drug use. If you are a parent with a substance abuse problem, it is very important that you obtain treatment for this problem so that you can provide a safe and stable environment for your children.
Before a court considers allegations accusing a parent of drug or alcohol abuse, the court may require “independent corroboration.” This means the court may want to see written reports from law enforcement, courts, probation departments, social welfare agencies, or drug rehabilitation centers. In addition, the court may order a parent seeking custody or visitation to undergo drug or alcohol testing. The court may also require the parent who is tested to cover the costs of the testing.
Please contact us for more information about child custody and visitation rights and how issues of drug or alcohol abuse may affect those rights. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
New York Times Article Urges Aging Parents to Talk to Adult Children About the Potential Need for Financial Supervision
/in Estate Planning /by Michael LonichThe New York Times published an interesting article advising aging parents to keep the lines of communication open with responsible, adult children. The article points out that while it is extremely difficult for elderly parents struggling with memory loss or the onset of dementia to give up autonomy, it is important that responsible children step in to help care for their parent’s financial responsibilities.
While initiating a conversation about your parent’s possible future need for financial supervision is a challenge, the New York Times author suggests opening the dialogue in the doctor’s office. Your family physician may be a supportive moderator of the conversation as he or she is likely aware of the dynamics of the situation. For the full New York Times article, please click here.
In addition to talking with your parents about financial supervision, it is highly recommended that aging parents update their necessary legal documents. If your parents are in good mental health now, it is recommended that they start thinking about who would be a good person to appoint as a power of attorney. A power of attorney is an individual chosen to represent someone in relation to health care and property matters. The power of attorney can act to make important decisions for the individual they are representing when that individual is unable to make those decisions for him or herself. When selecting someone to act as a power of attorney, a person should make sure the chosen representative is responsible, loyal, and consents to acting in this capacity.
If you are interested in learning more about a power of attorney, please contact San Jose estate planning lawyers at Lonich Patton Erlich Policastri for more information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Should You Leave a Gift to Your Pet in Your Will or Provide For Your Companion Animal Through a Trust?
/in Estate Planning /by Michael LonichAn outright gift to an animal is void under the ruling of Estate of Russell. In that particular case, the testator left a gift to her dog, Roxy Russell, via her will. The court ruled that a dog could not be a beneficiary of a will under the California Probate Code. However, this ruling does not preclude an owner from pursuing other options that will ensure the pet is well taken care of after its owner’s death.
First, an owner can set up a trust to care for his or her beloved animal. In 1991, the California legislature enacted a probate code provision that allows individuals to create trusts for the care of a “designated domestic or pet animal.” However, the problem with the 1991 version of this code section was that a beneficiary could not take action against a trustee who failed to administer the trust according to its terms. The legislature addressed this problem by enacting a new version of the code section in 2009. Currently, any trustee or beneficiary of the trust, person interested in the animal’s welfare, or a nonprofit animal welfare organization, may petition the court regarding the affairs of the trust.
The use of a trust to care for an animal has several benefits. It is a flexible method for managing financial assets for the benefit of the pets until the last surviving pet departs. Another benefit is that a living trust can include provisions for pet care that would be operative during an owner’s life-time incapacitation. In addition, the trust provisions can include very specific instructions for the care of companion animals.
If you choose to create a trust, it should provide for the payment of all final medical and disposition expenses for your pet. In addition, you should nominate a trustworthy caretaker, and alternates, or leave instructions on how to find a suitable home and caretaker for your pet.
Another way in which an owner can provide for a pet after the owner’s death is by choosing to leave the pets (and the money to care for them) as an outright “gift” to a responsible and trustworthy individual. An owner can do this either through a will or a revocable trust. However, before choosing this option, an owner should make sure that the chosen care-taker is willing and able to care for the pets after the owner’s passing.
If you are interested in learning more about how to properly plan out your beloved animal’s care after your passing, please contact the San Jose estate planning lawyers at Lonich Patton Erlich Policastri. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship