U.S. and World News
:
Legal and Law
News
Los Angeles Attorneys Cite Failure to Plan as Primary Reason for the Nightmare of Conservatorship
Mon, 21 Nov 2005, 16:52:00 EST
LOS ANGELES, CA (SEND2PRESS NEWSWIRE) -- The Los Angeles Times "Guardian for Profit" series of articles last week valiantly exposed the unconscionable misery and monetary loss suffered by the old and ill in the "care" of conservators in California. State legislators should take immediate action to regulate conservators and enforce existing laws applicable to our local counties and courts. "However, many of the victims in the articles could have avoided the situation by taking personal responsibility through the advanced preparation of appropriate legal documents," advises Caprice L. Collins of the Collins Law Group (www.collinslawgroup.com), a Los Angeles area attorney whose practice emphasizes Estate Planning and Elder Law.
"My experience is that the primary reason for many individuals' failure to plan is procrastination. Whether it is a fear of loss of control, indecision or fear of death, they procrastinate. As a result, this leaves themselves, their family and assets in jeopardy. Many families contact our office after a loved one has already been taken advantage of. The problem with that is I now have a difficult, lengthy and expensive battle to recover the monetary losses. There is nothing we can do about the suffering or emotional damage already inflicted. The best thing to do is not to be placed in that situation in the first place," advises Attorney Collins.
*(Photo Caption: Caprice L. Collins, Estate Planning and Elder Law Attorney.)
"What many fail to realize is that our State already has a default plan in place for them when they become incapacitated, and that's the California Probate Code. Under the Code, the decision to grant a Conservatorship is in the hands of the Probate Court. That is the root of the nightmare. You have two choices: (1) hope that the state legislature fixes the system, or (2) do something about it yourself," explains Frank C. Chang, an associate attorney in the firm.
"Many of our clients have told us that they did not realize that having a comprehensive estate plan would benefit them during their lifetimes. The fact is, this is the best way of safeguarding their assets and their wellbeing. By establishing a plan, each person will be able to designate the person or persons that they trust to take care of them and to safeguard their assets when they are incapacitated. An Estate Plan will eliminate the default plan as established in the Probate Code. However, when a conservatorship is necessary it should be applied for by a close family member or friend of the incapacited individual," explains Collins.
The Los Angeles Times not only exposed the problem but also the solution recommended by our firm:
Planning Ahead
To avoid a conservatorship, or to ensure that someone you trust is put in charge of your affairs, attorneys recommend one or more of the following steps.
1) A durable power or attorney for property designates someone to manage your finances.
2) An advance healthcare directive authorizes a friend or loved one to make medical decisions for you.
3) An advance nomination designates someone to serve as your conservatorship if a court deems one is necessary.
4) A revocable trust, also known as a living trust, designates an individual to manage your assets outside the court's jurisdiction whitle you are alive and after you die, thereby avoiding the cost of probate.
Be sure to inform the people whom you have designated to make decisions for you. Give them copies of documents and tell them where originals are filed.
About the Collins Law Group
Caprice L. Collins is a Harvard Law School Graduate who has represented individuals, families and institutions for the last 25 years. She regularly conducts seminars on estate planning and related topics.
Frank C. Chang is an attorney whose practice emphasizes estate planning. Frank C. Chang is a UCLA and Southwestern Law School Graduate and is fluent in Mandarin.
Both Attorneys are members of the American Academy of Estate Planning Attorneys, an organization that fosters excellence in estate planning. They can both be reached at (310) 677-9787 ext. 5 or clcfirm@aol.com, or at www.collinslawgroup.com.
NEWS SOURCE: Collins Law Group
Send2Press® is the originating wire service for this story.
» Read More Legal and Law News
» Other Send2Press Industry News by Category
More Information and Media Contact:
For questions about this story, contact the news source:
»
Click Here for Contact Information
THE CONTENT OF THE ABOVE NEWS STORY WAS PROVIDED BY THE NEWS SOURCE WHO IS SOLELY RESPONSIBLE FOR ITS ACCURACY. FOR QUESTIONS ABOUT THIS STORY CONTACT THE NEWS SOURCE AND NOT SEND2PRESS (THIS WEBSITE).
O T H E R R E S O U R C E S
T E R M S O F U S E
This article is Copr. © 1983-2008 Neotrope / Send2Press. Reproduction of this news article version requires written authorization. You may freely link to this article. Journalists (see the section "Journalist Resources" above) may use orig. news release as the basis for an article.
News Websites may republish the "news release" text version linked to above under "Journalist Resources" except must retain "Send2Press Newswire" as the source of this news if used verbatim. Websites which offer/sell PR or newswire services, or web promotion services, or "splogs" may NOT reprint our content in ANY form. Send2Press Newswire is a service mark of, and "Send2Press" is a registered trademark of, Neotrope. Creative Commons - Some Rights Reserved (3.0) - Attribution Required.
DISCLAIMER: the above article is believed accurate but not guaranteed, and is based on business news supplied by the source (Collins Law Group). The noted source is solely responsible for its accuracy. Financial/Stock news may contain forward looking statements. Neotrope/Send2Press makes no claims of accuracy or suitability for any purpose. Any opinions expressed by representatives of company(s) mentioned in news and profiles are solely those of the person indicated, and do not reflect any opinion or policy of Neotrope or Send2Press. Your use of any information contained herein is done solely at your own risk, and you are fully responsible for using any information herein, or on sites mentioned or linked to in the article. All trademarks acknowledged.
REFERENCES: Los Angeles Attorneys Cite Failure to Plan as Primary Reason for the Nightmare of Conservatorship, Collins Law Group, Caprice L. Collins, Harvard Law School Graduate, Frank C. Chang, seminars, estate planning, American Academy of Estate Planning Attorneys, revocable trust, Estate Planning and Elder Law, Conservatorship, Los Angeles Attorneys, Nov 21, 2005.
VIEWED BY MEDIA (and public): 4309 times (2 today, 2 this week,
39 this month, 650 this year)
|
 |
|
|
 |
ADVERTISEMENT
Promote Your Company to the Media and on This Website
Press release services from Neotrope®. Member BBB. Expert PR staff. Targeted solutions since 1983. Learn More
|
 |
| |
| | U.S. and World News |
| | Advertising and Marketing |
| | Aerospace and Aviation |
| | Agriculture and Farming |
| | Apple, Mac, iPod and iPhone |
| | Auction and Online Auctions |
| | Auto and Motorsports |
| | Banking and Finance |
| | Beauty Products |
| | Boating, Marine and Maritime |
| | Business |
| | Communication Arts |
| | Computing |
| | Construction and Building |
| | Corporate Social Responsibility - CSR |
| | Defense and Military |
| | Education and Schools |
| | Electronics |
| | Employment, HR and Outsourcing |
| | Energy, Oil and Gas |
| | Entertainment |
| | Environment and Ecology |
| | Facilities and Building Maintenance |
| | Family, Parenting and Children |
| | Food and Beverages |
| | General Editorial |
| | Global Aid and Relief |
| | Government |
| | Green Business |
| | Health, Diet and Fitness |
| | Home and Garden |
| | HVAC Heating and Cooling |
| | Insurance |
| | Internet and Websites |
| | Jewelry and Diamond |
| | Legal and Law |
| | Manufacturing |
| | Medical |
| | Mining and Metals |
| | Mortuary and Cemetery |
| | NonProfit and Charities |
| | Plastics and Composites |
| | Police, Fire and Rescue |
| | Real Estate |
| | Regional Events |
| | Religion and Churches |
| | Restaurant, Hotel and Hospitality |
| | Safety and Security Solutions |
| | Sciences |
| | Sports and Activities |
| | Stamps, Coins and Collectables |
| | Taxes and Accounting |
| | Telecommunications and VoIP |
| | Theme Parks and Attractions |
| | Trade Shows, Fairs and Expos |
| | Transportation |
| | Travel and Tourism |
| | U.S. Companies |
| | US and World History |
| | Veterinary and Pets |
| |
| | U.S. State Newswires |
| | Alabama Business |
| | Alaska Business |
| | Arizona Business |
| | California Business |
| | Colorado Business |
| | Connecticut Business |
| | Delaware Business |
| | Florida Business |
| | Georgia Business |
| | Hawaii Business |
| | Idaho Business |
| | Illinois Business |
| | Iowa Business |
| | Kansas Business |
| | Kentucky Business |
| | Maine Business |
| | Maryland Business |
| | Massachusetts Business |
| | Michigan Business |
| | Minnesota Business |
| | Mississippi Business |
| | Missouri Business |
| | Nebraska Business |
| | Nevada Business |
| | New Hampshire Business |
| | New Jersey Business |
| | New Mexico Business |
| | New York Business |
| | North Carolina Business |
| | Ohio Business |
| | Oklahoma Business |
| | Oregon Business |
| | Pennsylvania Business |
| | Puerto Rico Business |
| | South Carolina Business |
| | South Dakota Business |
| | Tennessee Business |
| | Texas Business |
| | Utah Business |
| | Vermont Business |
| | Virginia Business |
| | Washington D.C. Business |
| | Washington State Business |
| | West Virginia Business |
| | Wisconsin Business |
| |
| | Video News Releases |
| |
| | World Newswires |
| | Brazil Business |
| | Canada Business |
| | China Business |
| | Germany Business |
| | Italy Business |
| | Spain Business |
| | United Kingdom |
|
 |
California Legal News is Powered by California Newswire
ContextEngine® Sponsors:
ContextEngine is a
reg. TM of Neotrope®
|
 |
|