In California, when someone dies intestate without a valid will the right to inherit automatically passes to the closest surviving relatives, also known as next-of-kin. If the decedent left a valid will, living trust or life insurance policy, chosen beneficiaries trump rules of intestacy.
Estate Administration Overview
So, you’ve been named as executor, personal representative or trustee under the will or trust of a family member or friend. And now that family member or friend has died. It’s time for you to “administer the estate.” Our Estate Administration Overview summarizes for you the basic steps that need to be taken.
Professional Fiduciaries…On Your Behalf
Conservatorships are often necessary to protect the incapacitated who did not prepare powers of attorney identifying agents to speak for them. The court may appoint conservators of the person to be in charge of their personal needs, physical health, food, clothing and shelter. Conservators of the estate may be appointed to take responsibility for identified financial matters.
The Modern Patient’s Right to Privacy
It used to be very clear that communications between a doctor and patient were confidential. However, as the healthcare community started relying on electronic equipment to transfer medical records, different issues arose. The federal Health Insurance Portability and Accountability Act or HIPAA specifically states its respect for each patient’s right to privacy. But the true confidentiality of healthcare information is no longer so secure.
In-Home Supportive Services
The In-Home Supportive Services (IHSS) program provides help to individuals who are unable to remain safely at home without assistance. The IHSS program pays for a wide variety of services, including housecleaning, shopping, meal preparation, laundry, personal care and paramedical services.
What happens to someone who doesn’t have a power of attorney for health care (PAHC) or durable power of attorney for financial matters (DPAFM), but who can no longer adequately take care of his or her personal care or finances? Depending on the person’s needs and assets, a conservatorship may need to be established.
Nursing Home Dilemma: Was Missing Property Lost or Stolen?
Misplaced or stolen belongings are a frequent complaint from nursing home residents, their families and visiting friends.
Because clothing and money are easy to either steal or lose, nursing homes are required to establish formal policies to reduce theft and loss. Such procedures must include :