Category: Article

A Power of Attorney is a legal document that allows another person to act on your behalf. Acting under a Power of Attorney, the individual designated to act on your behalf is your agent. In California, a medical power of attorney allows you to designate someone to make health care decisions if you are unable.

One common use for Power of Attorney is to designate an agent to handle an individual’s medical decisions.

Purpose of a Medical Power of Attorney

A Medical Power of Attorney, or commonly known as an advance healthcare directive, designates an agent and an alternate agent to make medical decisions on your behalf. The document can be tailored to suit an individual’s needs, including specifying end of life choices and preferences for certain procedures while still capable. This is particularly important when considering a medical directive living will in California.

Medical Power of Attorney Requirements

There are a number of requirements for a Medical Power of Attorney to be considered valid.

• You must be of legal age and mentally competent;
• The Power of Attorney is notarized, or witnessed.

A  Medical Power of Attorney can be a versatile and powerful document, ensuring that your medical matters are handled in accordance with your wishes.  We are happy to provide you assistance in creating the best document to suit your needs.

What Is A Medical Power of Attorney?

A medical power of attorney is an advance directive that allows an individual to name another individual that has the authority to make treatment decisions on the other’s behalf. Once the medical power of attorney has been established, the secondary individual, also known as a healthcare agent, can make treatment decisions only if the patient is unable to do so. For a medical power of attorney to be valid, the individual must be of legal age and mentally competent and the document notarized or witnessed. This is often referred to as a health care directive in California.

Without a medical power of attorney, only a medical professional can make decisions on behalf of the patient.

When Do You Need A Medical Power of Attorney?

Anticipating a future where you will need to establish a medical power of attorney is unpleasant. Because medical power of attorney is only necessary in situations where an individual is unable to communicate or is unfit to make decisions for themselves, concerned parties should consider several aspects of their lifestyle before committing.

Who Should I Name My Health Care Agent?

The only requirement of a health care agent is that they be of legal age. Once this requirement has been met, it is a matter of personal preference of who should be your health care agent. 

It’s recommended that your health care agent understands your moral and religious values, so they can choose treatment that aligns with these ideals. Likewise, your agent should be willing to follow your wishes, even if they contradict with their own. Finally, your health care agent should be able to handle stress, and make tough decisions if a situation where full recovery is impossible arises. 

Is Spouse Automatically Medical Power of Attorney?

Despite being married to the individual, a spouse may still be required to have legal written authority from the individual to make treatment decisions on their behalf. This highlights the importance of understanding the power of attorney form for California.

Can A Medical Power of Attorney Override a Living Will?

A medical power of attorney cannot override a living will. If a living will and a medical power of attorney exist simultaneously, the living will takes precedent. However, the designated health agent can make decisions for the patient, if the situation is not stipulated in the living will. Essentially, the process requires the living will to be followed first, with medical power of attorney becoming applicable when the living will has not stipulated a directive. 

How to Get A Medical Power of Attorney

To assign a health agent, a durable medical power of attorney form must be filled out and signed. Additionally, the document must be notarized or witnessed and the individual must be of legal age and mentally competent.
Establishing a medical power of attorney can be an intimidating and daunting process. Contact the experts at Legal Docs by ME for information and assistance.

Sources

https://healthy.kaiserpermanente.org/health-wellness/health-encyclopedia/he.learning-about-medical-power-of-attorney.zx4035
https://www.stimmel-law.com/en/articles/durable-power-attorney-health-care-california-law-and-form

There is no doubt that divorce is a stressful and uncertain time for individuals. For some, it can be made even more stressful by dealing with the administrative burdens that accompany divorce papers, especially in areas like Rancho Mirage, CA.

How Will You Approach Divorce Papers?

Depending on the relationship between the parties seeking a divorce, they may approach the process in different ways. Some individuals may decide to approach divorce papers collaboratively, agreeing on division of assets and any parenting plan without the intervention of a judge – and often without attorneys. Other relationships may be more contentious and may require appearing before a judge to help resolve disputes.

Different states also have different requirements for Divorce Papers, such as required periods of separation. Be sure to understand your state’s requirements as you begin the process.

What Do Divorce Papers Look Like?

Every marriage is different, which means every set of divorce papers will be slightly different depending on the terms of the marriage. For almost all marriages, divorce papers will include these three documents.

• Dissolution of Marriage Form
  This document will be filed with the court to formally request the Divorce. Some states may require that a reason for dissolution be included. The spouse who does not file the form will be served.
• Proof of Financials
  A variety of financial paperwork, including tax returns, bank statements, retirement account statements, mortgage statements, and bills.
• Parenting Plan
  If there are children from the marriage, a parenting plan will be created. This plan will detail all the pertinent details related to raising the children, including how financial responsibilities will be shared, when they will spend time with each parent, and any other provision that is important to the parents, for example involvement in extracurricular activities, schooling, medical care, and religion.
• Settlement Agreement
  This will be the official document provided from the court detailing the final arrangements, especially as it pertains to finances and custody. This document will be legally binding and must be followed.

Where to Get Divorce Papers

If you need divorce paperwork, you can request the forms from your local courthouse in person, by mail, or access them online through the court’s website. Forms are typically handled through the county where you currently live, rather than where the marriage took place.

Processes and requirements can vary depending on the state and county, so it’s helpful to follow the local court’s instructions. If you’re in Rancho Mirage, CA, you would look to the appropriate Riverside County court for the correct forms and procedures.

How to Get Divorce Papers

If you are wondering where to get divorce papers or how to obtain divorce papers, visiting your local courthouse is a reliable option.

How to Serve Divorce Papers

Divorce papers can be served in two ways. The spouse filing for divorce can have the papers served in person along with the documents used to respond to the dissolution of marriage form, or the spouse can have the documents mailed with a specific form.

In the case of serving by mail, the served party will have to sign a document called a Notice and Acknowledgment of Receipt. This proves that they both understand the nature of the documents and that the documents have been received. In the state of California, the served party has 20 days to return the signed documentation. If you’re in Rancho Mirage, CA, and need guidance with your divorce papers, Legal Docs by ME can assist you.

How to Get a Copy of Divorce Papers

Getting additional copies of your divorce papers requires contacting the County Superior Court that granted your divorce. As all the documentation that was provided for the divorce proceedings is on file, you can request copies of any or all of these documents. You will be required to pay a fee to obtain copies, and this price can vary depending on the amount of documentation you request.

How Much Do Divorce Papers Cost

In the state of California, simply filing divorce papers costs around $435. Additional fees may be applied depending on your county or other complications regarding the divorce. Hiring a lawyer to modify or draft other aspects of your divorce papers can cause costs to greatly increase.
Filing for divorce can be an overwhelming financial and legal process. Contact the experts at Legal Docs by ME for information and assistance.

Sources

The California Divorce Process in Ten Steps at the Law Office of Cristin M. Lowe
How much does a divorce cost in California? by Moriel Berger for it’s over easy

A limited liability company (LLC) is the American form of a private limited company. An LLC combines elements of a partnership and a corporation. LLCs allow for greater liability protection without the complexities of a traditional corporation.

The basic structure of LLC formation is:

• Owners have limited liability for the entity’s debts and obligations, similar to a corporation; and
• Income or losses from the business are passed through to the owners, similar to a Partnership.

Distinguishing Elements of LLC Formation

An LLC sets itself apart from a partnership in the following ways:

• A formal document, often called articles of organization, are filed in the state where the LLC is incorporated; and
• Owners of an LLC are not personally liable for the debts and obligations of the entity.

It is different from a corporation in the following ways:

• Profits and losses flow through to the owners, the entity is not taxed; and
• It lacks shareholders and has less administrative requirements than a corporation; and
• It does not have an unlimited life in most jurisdictions and may need to be dissolved upon the death of an owner.

What are LLC Formation Documents?

When forming an LLC, there are several documents that you will need to fill out and file. The first document is the articles of organization. This document will state the basic information regarding your LLC such as name and purpose. An operating agreement is an optional document that will outline how your LLC will be run. Finally, after successfully forming your LLC you will receive a certificate of formation. 

What is a Certificate of Formation for an LLC?

Essentially, a certification of formation for an LLC is a receipt that proves your LLC has been legally recognized and registered by your state. Receiving a certificate of formation also demonstrates the proper forms and procedures have been filed and followed. This document will mark the official creation of your LLC for future legal records. 

Do It Yourself LLC Formation

Starting an LLC requires several distinct steps and levels of verification.

1. Choosing A Name
   The first step in understanding how to start an LLC is choosing a name. This may sound simple, but different states have different requirements and restrictions. Before you have your heart set on a name, it’s important to familiarize yourself with these state specifications as well as the already existing business names.
   
   Choosing a unique name is a way to ensure your business isn’t confused with others in its field. Likewise, you should consider branding and marketing options when you choose your name. If you want to utilize a website domain, make sure the domain is available before you register your business. Additionally, you have the option of reserving your LLC name if you don’t intend to act on it right away.
   
2. Choosing a Registered Agent
   A registered agent is a necessary part of starting an LLC. Essentially, a registered agent receives legal documents meant for the LLC and then distributes them to the proper personnel at the LLC. A member of the LLC can fill the role of registered agent but there are also businesses that can provide this service if that is more agreeable.
   
3. Creating an LLC Operating Document
   An LLC operating document defines how the LLC will be run. Rather than covering daily operations, the LLC operating document covers big picture issues and how they are settled between the various members. Issues like how to handle partner death, going out of business, voting, or the allotment of profits and losses.
   
   This is not a legal requirement, but is a good way to state precedent before various issues arise down the road.
   
4. Choosing a Management Style
   There are two management styles for running an LLC: member or manager. Member management is used with smaller LLCs. Because the number of members is smaller, the members can collectively make decisions for the LLC. For larger LLCs or LLC members who want to be less involved with the LLC, a manager or managers can be chosen instead. Like registered agents, there is no requirement for a manager to be part of the LLC.
   
   Choosing the right management style is important when big decisions need to be made down the line. Consider the types of conflicts or situations that frequently come up in your industry and what management style would be best for handling those circumstances. What kind of financial decisions would management need to make? What about industry strategy or goals? These kinds of questions should help you decide which management style is best.
    
5. Filing the Articles of Organization with the State
   The articles of organization list basic information to be filed with the state. These typically include information such as the name of your LLC and its address, its purpose and length of existence, as well as the name and address of the registered agent.
   
   The articles must be signed by the individual forming the LLC and in some cases by the registered agent as well. Filing the articles will cost a small fee.
   
   The LLC will then be issued a certificate by the state that permits the creation of the LLC. After this, the LLC has formal permission to begin running as a business.

Doing Business in Other States

If you intend for your LLC to operate in multiple states, more paperwork must be filed that registers the LLC within each state it will be operating in. It should be noted that each individual state will require a new registered agent located in that state.

Forming an LLC can be a confusing process. While this is a general guide to follow, the differences in LLC formation in each state can make research and proper procedure difficult to follow. For additional help and questions about filing your own LLC, contact us today.

Sources

How to Form an LLC by Diana Fitzpatrick, J.D. for NOLO

How to Start an LLC by Geoff Williams for U.S. News and World Report

Whether in your personal life or as part of business or work, you have probably entered into a binding legal agreement. When entering into a legally binding contract, it is important to understand how the agreement process works to ensure your obligations and expectations are appropriately documented.

What is a Legal Agreement?

A legal agreement is a method of formally stating and recording the terms of an agreement between two or more parties. If the agreement is legally binding, participants are legally required to obey the stipulations listed in the agreement. This is useful because it allows participants to take legal action if they do receive what was promised.

What Makes a Legal Agreement Binding?

Whether you want to ensure a third party is bound to their promises, or you want to be wary of what you are committing to, it is important to understand when a legal agreement is binding.  Contract laws govern when a legal agreement is binding, and they generally require:

• Offer and Acceptance: There needs to be a clear offer made by one party and unambiguous acceptance by the other party.
• Consideration: Something of value (consideration) must be exchanged between the parties.
• Signature: Some types of agreements may require a signature.

Failure to ensure any one of the required elements of an agreement is in place can result in an agreement that is not enforceable.

How Do You Write a Legal Agreement?

There are several steps that should be followed when drawing up a legal agreement. Your first order of business should be to ensure that the requirements listed above (offer/acceptance, consideration, and signature) are met. Other aspects of a legal agreement may or may not apply, so carefully consider if you need the following when typing your own legal agreement.

Types of Legal Agreements

While it would be impossible to name every variation of agreement, some information about common forms of agreement are included below:

• Non-Disclosure/Confidentiality Agreement: Helps protect confidential information.
• Entertainment Contract: Specify actions to be performed by a performer and conditions pertaining their performance.
• Employment Agreement: Sets the terms of an individual’s employment; similar agreements include independent contractor agreements and non-compete agreements
• Licensing Agreement: Allows a third party to use intellectual property, often for payment of a royalty or other fee
• Lease Agreement: Establishes the rental terms between a tenant and landlord
• Promissory Note: Memorializes the terms around a loan, including repayment, interest, and penalties
• Bill of Sale: Documents the sale of personal property
• Purchase Order: Commitment to purchase items at an agreed upon price point
• Agency Agreement: Establishes the job scope and payment terms for an agency
• Franchise Agreement: Outlines the relationship and terms between a franchisor and franchisee
• Settlement Agreement: Documents the agreement between the two parties to resolve a dispute

No matter the type of legal agreement, it is likely to include a variety of terms, including indemnification, warranty, choice of law, and many more.  To ensure the most favorable terms are included in your legal agreement, contact us today.

Sources

Ten Tips for Making Solid Business Agreements and Contracts by Bethany K. Laurence for Nolo
How Do You Know if You Have a Legally Binding Agreement? By Eugenia Munoz for Legal Vision

Owning and operating your own business can be exhausting. With only one person at the helm, you are ultimately responsible for every aspect of your business. One way to lighten the load and gain some assistance is to bring on a partner through a partnership agreement.

What is a Partnership Agreement?

A partnership agreement is a legal business operation between two or more individuals who share the management and profits of the business.  Any business that will be owned and operated by more than one individual can consider structuring the business as a partnership.

Types of Partnership Agreements

There are two main types of partnerships.

• General Partnerships
  In this type of partnership, all partners are responsible for managing the company and taking responsibility for business debts and obligations.
• Limited Partnerships
  In this type of partnership, there are individuals who run the business and have responsibility for debts and obligations (general partners) but there are also limited partners whose only stake in the business is monetary. Limited partners do not have control over how the business is operated and managed.  For this reason, the scope of their liabilities are different.

General partnerships are more straightforward.  Limited partnerships come with additional filing requirements and administrative demands.

Do You Need a Partnership Agreement?

There are many benefits to forming a partnership agreement. Consider the following pros and cons to see if your business could benefit from a partnership agreement.

How to Write a Partnership Agreement

A partnership agreement should include the following:

• Name: The formal name of your partnership.
• Contributions: What assets each partner brings to the business. 
• Authority: States if partners can act without consulting other partners.
• Management: During day to day operation, who is doing what?
• Monetary Divisions: How profits, draws, and losses are distributed between partners.
• Decision Making Process: How are business decisions made? Is there voting and if so, does it need to be unanimous?
• Conflict Resolution: When partners disagree, what is the process for resolving and moving past disputes?
• Additional Partners: The process for bringing on additional partners.
• Removing Partners: The process for removing partners who want to leave or who have passed on.

Does a Partnership Agreement have to be in Writing?

A partnership agreement does not have to be in writing, but having a formal written version of the agreement is useful for navigating disputes or conflicts between partners. A written agreement does not require that you accurately remember all aspects of the agreement. 

What is a Strategic Partnership Agreement?

A strategic partnership agreement is a partnership formed between two businesses instead of two individuals. It’s important to note that the partnership is mutually beneficial, and may include the sharing of resources for the betterment of both parties.

Forming a partnership agreement requires preparing and filing appropriate documents. Contact us today to find out how we can help.

Sources

Creating a Partnership Agreement by Bethanky K. Laurence for Nolo
Which terms should be included in a partnership agreement? By Melissa Horton for Investopedia

Eviction describes the action of a landlord or other property owner removing someone, normally a tenant from a property.  Evictions are also referred to as an unlawful detainer.

What is an Eviction Notice?

In order for a landlord to evict a tenant, they must first provide notice to the tenant.  The required amount and form of notice will vary depending on the state the property is located. The eviction notice informs the tenant that they are being evicted. If there is a method to prevent the eviction, such as paying rent in full, the eviction notice will specify how to stop the eviction.

What Does an Eviction Notice Look Like?

The four most common eviction notices are:

• Pay Rent or Quit Notices: Used when a tenant has not paid rent and provides a set number of days in which they must move out.
• Cure or Quit Notices: Used when a tenant violates a condition of the lease or rental agreement (ex. no pets clause). The tenant has a set amount of time to cure the violated condition or move out.
• Unconditional Quit Notices: Used when there is no option to solve the situation. The tenant is not given an opportunity to pay or cure.  State requirements dictate when these notices may be used.
• Month-to-Month Termination: If the tenant is in a month-to-month occupancy, the landlord must provide the statutorily mandated notice before terminating the tenancy.

If the tenant fails to vacate after the eviction notice is provided, the landlord must file a lawsuit to evict, called an unlawful detainer lawsuit.

If the unlawful detainer lawsuit is successful, the court will issue a judgment for possession of the property.  The judgment must be tendered to a local law enforcement officer who will inform the tenant that they must vacate.  If the tenant fails to do so, the officer must return to remove the tenant.

How to Write an Eviction Notice

In the event that a renter has violated some term of their lease, a landlord is entitled to serve them an eviction notice. An eviction notice needs to state several pieces of information

1. Tenant’s Name and Address
   Used when a tenant has not paid rent and provides a set number of days in which they must move out.
   
2. Original Date of Signed Lease
   The lease date acts as proof that the tenant was aware of the conditions of their tenancy as well as the causes or lease termination. This removes plausible deniability from the tenant’s side.
   
3. Date the Notice is Served
   By including the date the notice is served, you establish the timeline of the eviction process if the situation ever goes to court. Likewise, tenant’s cannot claim they were given the eviction notice on a later date to buy more time.
   
4. Reason for Eviction
   There are several accepted reasons for eviction.
   Pay Rent or Quit Notices
   This eviction notice is issued when a tenant fails to pay rent. In order to continue the lease, the tenant must pay rent by the time period specified or they will be evicted.
   Cure or Quit Notices
   If a tenant violates part of their lease agreement, such as keeping a pet against lease regulations, the tenant must “cure” or remedy the issue or face eviction in the specified time frame.
   Unconditional Quit Notices
   These eviction notices do not give tenants the opportunity to remedy the situation. They are used in extenuating circumstances, such as a tenant performing illegal activity in the property or by threatening other tenants. The specifics for unconditional quit notices vary from state to state.
   Month-to-Month Termination
   If a tenant is living on a month-to-month basis, a landlord must issue a formal notice of the termination of the lease. Unlike the previous eviction notices, month-to-month termination is merely a landlord choosing not to extend the lease and does not have legal cause. Tenants are entitled to at least 30 days before they are evicted to find alternative lodging.
   Fixed Term Termination
   Like month-to-month termination, fixed term termination does not require a violation of the tenant’s lease. The landlord is simply not extending their contract for another year. Again, tenant’s will have a time period in which they are expected to find alternative lodging before they must vacate.
   
5. Time Period to Fix Violations
   An eviction notice must include a period of time that gives the tenant the opportunity to fix their violation. In many cases, this time period is 3 days, but this can vary. This proves the tenant knew about their violation and was given a chance to fix the issue before they were evicted.
   
6. Lease Termination Date
   If a tenant does not comply and refuses to pay rent or address violations, the eviction notice must include the formal date they will be evicted. Again, having a formal eviction date leaves no room for error on the tenant’s part.
   
7. Landlord’s Signature
   The landlord’s signature is imperative because it proves to the tenant that the eviction notice is legitimate and it proves for the landlord’s records that the notice was filed.
   

Evicting a Family Member

While very similar to a standard eviction notice, evicting a family member requires a few more pieces of information. A family member in a household can be classified as a tenant or as a licensee. 

A family member classified as a tenant is privy to all the rights granted to tenants in a rental lease. To be classified as a tenant, there does not need to be a formal lease, simply the payment of rent. Rent can be considered a monthly payment or contributing to the costs of the household. If your family member pays for utilities or groceries but does not pay formal rent, they are still classified as a tenant, and tenants’ must be served a legal eviction notice. 

Certain states do not require legal filing of eviction if a family member has not paid rent. Other states qualify these family members as a licensee. A licensee is considered more than a house guest and is granted more rights. Licensee’s require a legal eviction notice.

Do I Pay Rent After an Eviction Notice?

Whether or not you have to pay rent after receiving an eviction notice depends on the terms of your lease. Carefully read over the section of your lease that deals with eviction to determine what is required of you as a tenant. In some cases, renters have to pay the first and last month of their lease up front. If you fall under this category, your last 30 days have been paid for. 

Whatever your situation, be prepared to have your leasing agreement on handed so you can reference it throughout the eviction process. Many renters are unaware of their rights, and will pay more than the landlord is entitled for.

Ensuring Eviction Is Handled Appropriately
If you need help with eviction documents and filing requirements, contact us now.

Probate
is the process of determining the legal validity of a person’s
inheritance and to authorize an executor or administrator. This probate process can take anywhere from a few months to several years.

Some states have simple probate procedures for small estates, which can shorten the probate timeline significantly or even avoid the probate process altogether. You can also avoid probate with living trusts and joint tenant ownership.

What
is the Probate Process in Rancho Mirage, CA?

Understanding what is probate in Rancho Mirage, CA, involves recognizing the various legal documents associated with the process. These are standardized in most states by the Uniform Probate Code (UPC), which is designed to make things simple. The documents include:

• A
  petition or application for probate, which should be accompanied by a
  death certificate and the will.
• Proof
  that you have posted notice of probate, which should be published in
  local newspapers and mailed to creditors and beneficiaries. These probate documents are crucial for moving forward with the process.

Probate can be a complicated process, often involving probate legal fees that can add up over time. If you are in doubt, Legal Docs by Me can help make it simpler. For help with probate, contact us today.

When you hear the phrase “prenuptial agreement,” you may immediately think of Hollywood weddings gone wrong. The idea that prenuptial agreements (or “prenups”) are only important for high net worth individuals is, however, a common misconception. Prenuptial agreements can serve an important role for any couple preparing for marriage.

What is a Prenuptial Agreement?

A prenuptial agreement is a written contract between a future married couple that defines each of their property assets and how these rights will change after the marriage. Prenups are most commonly associated with divorce, but there are a number of reasons to consider drafting a prenuptial agreement before marriage.

When to Consider a Prenuptial Agreement

While contemplating a future divorce may not feel natural to two individuals preparing for marriage, it is an important consideration. A prenup can be a valuable tool for any couple, regardless of the value of their assets. When a couple is deciding whether a prenup makes sense, the following should be taken into consideration:

• Future Legal Complications
  In the unfortunate situation of a divorce, fighting over assets can be avoided with a well-drafted prenup. A prenup allows a couple to think through financial implications with a clear head rather than fighting about them down the road when emotions may be more charged.
• Separate Assets
  Do you or your fiancé have assets you would like to carve out from your community property? One common example is if one person has children from a prior marriage. A prenup can specify which assets are earmarked for these children.
• Debt Protection
  Couples may enter a marriage with vastly different financial pictures, including varying amounts of debt. A prenup allows you to allocate debt as separate or marital, ensuring that the more financially stable party won’t be responsible for certain debt in case of divorce.

Important Prenup Considerations

Some considerations when drafting a prenup include:

• Any real property owned by either party;
• Consideration of all assets;
• Analysis of any debts, including possible future debts;
• Ownership interests in any businesses;
• Retirement accounts and benefits; and
• Any other possible beneficiaries of certain property

How to Nullify a Prenuptial Agreement

• Duress/Coercion
  A prenuptial agreement can be nullified if one party signed the agreement under significant duress or coercion. Some examples include signing the prenuptial agreement without adequate time to review the document (such as hours before the wedding).
• Failure to Disclose
  If a prenuptial agreement fails to mention assets or debts of one of the intended spouses, there is grounds for nullifying the prenup. Spouses who sign a prenuptial agreement without knowing the entirety of their partner’s financial situation don’t have all the information necessary to agree to the listed terms.
• Unfair Division
  In the case that a prenuptial agreement is vastly in favor of one party over the other, the agreement can be nullified. It’s important to note that an uneven division of assets is not enough to nullify the prenup; the disparity between the two parties must be extreme.

All three of these methods simply provide grounds to challenge the prenuptial agreement in court; the document is not automatically null for any of these reasons. In some cases, spouses are willing to settle outside of court, in which you should have a legal representative present to oversee the process.

Does a Prenuptial Agreement Survive Death?

In the case of the death of a spouse, there may be some conflict between the terms stated in a prenuptial agreement and the terms stated in the deceased party’s will. Because a prenuptial agreement is considered a contract and the other spouse is still living, in many cases a prenuptial agreement supersedes the contents of a will. 
Making sure your prenup is comprehensive can be stressful. Contact us today for assistance.

What is a Conservatorship?

A conservator is an individual appointed by a court to make financial and/or health care decisions on behalf of someone who has been deemed unable to make those decisions for themselves. A conservator will play a critical role in the affairs of the incapacitated individual, called a conservatee. Ensuring a conservator is appropriately appointed is very important.

Considerations for Conservatorship

If the individual in need of assistance has previously executed a power of attorney for health and medical matters, they will most likely not need a court appointed conservator. A conservator is likely to be appointed if an individual is deemed by a court to be incapacitated, which could be the case in a number of scenarios, including when an individual:

• Is in a coma;
• Is mentally challenged;
• Has suffered a brain injury;
• Suffers from Alzheimer’s Disease or dementia; or
• Has had a stroke.

A Conservatorship can be complete, meaning the conservator has the right to make all/or health and financial decisions on behalf of the individual. A doctor is required to provide evidence that the individual requires conservatorship.

Establishing Conservatorship

Conservatorship must be granted by a court. To instigate the process, the requestor must file appropriate forms with the probate court in the county where the proposed conservatee resides. The court will then hear evidence of the individual’s mental incapacity and decide whether a Conservatorship is appropriate. There is an opportunity for anyone to object to the Conservatorship or the proposed conservator. If no friend or family member is suitable to act as the conservator, a public conservator may be appointed.

Given the scope of the work, conservators may be compensated. They are reimbursed for expenses and, if compensation is requested, are paid for their services from the estate of the conservatee. The Conservatorship does not end unless the conservatee dies or it is found they are no longer incapacitated.

How to Get Conservatorship in California

In order to get a conservatorship in the state of California, interested parties will the following documents:

1. Petition of Conservatorship
   Essentially, a petition of conservatorship provides an overview of the situation. It includes information about the intended conservator, as well as the proposed conservatee, and the petitioner if they differ from the conservator. Additionally, the petition will describe why conservatorship is necessary and why it is the only solution in this circumstance.
2. Confidential Supplemental Information Form
   The confidential supplemental information form describes why the proposed conservatee is not suited to take care of their own needs. This document will go into more detail about the petition of conservatorship to protect the privacy of the conservatee and further illustrate why conservatorship is necessary.
3. Confidential Conservatorship Screening Form
   The confidential conservatorship screen form provides more detail about the proposed conservator such as their relationship with the conservatee and any personal information that could impact their ability to act as a conservator such as a criminal record. This form must be filled out by the intended conservator.
4. Duties of Conservator Form
   The duties of conservator form lists the duties and responsibilities of the conservator. Essentially, it’s a formal record of everything that the conservator is authorized to handle on behalf of the conservatee as well as how this information will be reported and/or recorded.
5. Notices Regarding the Conservatorship
   Once these documents have been filed, the conservatee must be served a copy of the petition as well as a citation about the proposed conservatorship. It should be noted that the intended conservator cannot serve this notice. Likewise, a copy of the written petition and the court hearing notice must be mailed to the conservatee, the conservatee’s partner, and close relatives. The petitioner is not able to mail these documents.

How to Fight Conservatorship

The basis of a conservatorship is that the conservatee is incapable of managing their personal and financial affairs. If a conservatee can prove that this is false, or is no longer true, the conservatorship can be nullified. While simple in theory, this can be difficult for conservatee’s that have limited access to resources that can prove their competency and in situations where a conservator wants to maintain the conservatorship regardless of the conservatee’s wishes.

If a friend or family member is suffering from incapacitation, it can be a stressful time. Contact us today for assistance in securing a Conservatorship.

Deciding to change your name is a big decision, affecting your identity and all your legal documentation. Given these implications, it is important to understand the Name Change process.

How to Change Your Name

The exact process for legally changing your name will vary from state to state. In most states, the following will be required:

• You will be required to prove that you are a resident in the state in which you pursue your legal Name Change. States will require a minimum length of time in which you must have lived in the state to acquire residency.
• You will need to provide proof of your current name, such as a Social Security card, and driver’s license.
• A petition to change your name will be required. This will be a state-specific form and will require your current and proposed names, address, Social Security number, and reason for changing your name. This will then be filed with the court clerk along with a required fee.
• At a hearing, a judge will ask any questions they have about your proposed Name Change. Assuming the judge approves the change, he or she wills sign an order to that effect as proof of your new legal name.

Unacceptable Name Change

There are a limited number of circumstances when a Name Change will not be allowed. Such scenarios include:

• To carry out fraud;
• If you are a convicted felon or have an outstanding warrant; and
• If you are seeking a Name Change for a minor and do not have permission of both parents.

Contact us for help in getting your name legally changed today.