Executor Anxiety: What if the Estate Doesn’t Sell?

There is often confusion about the role of the Executor/Successor Trustee who manages the family’s estate after the death of a parent. An article in The New York Times underscores the uncertainty and anxiety that an Executor may be experiencing. An “Executor” carries out a person’s Will (common in New York because Probate is more workable there), whereas most California people will have a Trust, so the person doing all these tasks is the “Successor Trustee”. Anxiety is not uncommon—none of us has trained for this role, and we don’t normally bring any experience to the job.

 

In the article, one person is the Executor of her mother’s estate. The sale of her house and its belongings will be divided equally among the surviving children. The Executor had the home’s furnishings appraised and is preparing them for sale. She’s concerned that if the furnishings don’t sell, as Executor, she will be responsible for the shortfalls.

Fiduciary duties: Acting in the best interest of the beneficiaries

An Executor is legally responsible for sorting out the finances of the person who died, generally making sure debts and taxes are paid. What’s left is distributed among the heirs. As an Executor, you can’t act against the interests of any of the beneficiaries—these are your fiduciary commitments.

According to these fiduciary duties, you can’t sell assets for less than fair market value without agreement of the beneficiaries. Your job is to settle the financial affairs and divide the assets in accordance with the Will. It’s not your job to pay your siblings if the estate is ultimately not as valuable as everyone seems to think. You are expected to make prudent decisions about how you liquidate it.

 

What’s “prudent” can be a matter of supply and demand

“What’s prudent is going to depend on the nature of the assets,” said Douglas F. Allen, Jr., a trusts and estates attorney in the Manhattan office of the law firm Seyfarth Shaw. If the estate has a valuable 19th-century armoire and you sell it at a yard sale, your siblings could hold you responsible for being careless with their inheritance. Your job is to figure out how to appraise it and find the best venue to sell it, whether that’s at an auction or through an antiques dealer. If the piece appraises for a modest sum, you may decide to sell it at an estate sale. If it sells for far less than the appraised value, then it was only worth that much—it’s a matter of supply and demand. If it’s perceived as just a hulking piece of furniture in the marketplace, then the estate is responsible for the cost of disposing of it. 

A reality check: No one seems to want old bulky furniture

I recently helped a friend downsize. They sold the estate where they had lived for 30 years. They had a home full of beautiful things, including dishes, silver and antique furniture. All of these items were expensive and in excellent condition. We tried all of the online sales sites and didn’t get as much as a nibble. No one wants this stuff, including her own children. So while they may have paid a lot of money for these items, they were virtually worthless in today’s marketplace. They only have value when someone wants them.

When it comes to real estate, partner with a broker you can trust

Decide whether to list property as-is or spend money from the estate on upgrades, repairs and staging. If the broker suggests listing it for $750,000, but it sells for $700,000, then that’s all the money you have to split up, minus whatever expenses you incurred for staging, repairs and broker fees, according to Robert D. Steele, a partner at the Manhattan law firm Schwartz Sladkus Reich Greenberg Atlas, where he is head of the firm’s trusts and estates department.

Have these conversations now

To avoid a conflict among your siblings, start the conversation now, before any heirlooms are sold or divided up. Do some research to understand the local market value. Explain the process and whatever guidelines have been laid out in the Will. For heirlooms that have sentimental but limited monetary value, split these up now to avoid turmoil at what will undoubtedly be a difficult time.

Schedule an appointment to create your Living Trust: Zoom or in-person!

You now have a choice–via Zoom or an in-person meeting. Our Trust package includes a Power of Attorney, an Advance Healthcare Directive and a Pour Over Will. Best of all, we guide you through it and we prepare the legal documents.

We service the entire East Bay and North Bay areas

Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy and Fremont. Our clients also live in the Napa Valley, Benicia, Vallejo, Martinez, Fairfield.

This article is based on an article in The New York Times by Ronda Kaysen.

 

 

Mighty Market: Small Steps Lead to Mighty Changes!

There’s a small shop making a big difference in Martinez. Two sisters opened their bulk refill apothecary + low-waste shop last April—just in time for Covid-19. This store is filled with an amazing array of organic, earth-friendly items that the owners have carefully curated.

Bring your own containers and buy in bulk

An important part of the Mighty Market ethos is buying in bulk—which translates to less waste and fewer containers discarded into landfills. Take your own containers or buy them at the Market. At the filling station, you’ll find household cleaners and a wide selection of soothing lotions and cleansers for face and body. You’ll be charged by the ounce.

A wide variety of soaps, lotions, moisturizers and cleansers

There’s an emphasis on high quality, reusable products made with natural ingredients—including product containers. Look for:

• Esoteric brushes for your drinking straws
• A collapsible water bottle for travel
• Sets of bamboo utensils—stop throwing away plastic utensils
• Conditioner for cast-iron cookware
• Soap for washing your dog
• Grooming products for men, including beard oils that cleanse and moisturize
• Tooth tabs for when you want to brush but don’t have water

Each of us can play a role in conserving our resources

Scientists trace the escalation of extreme weather conditions to rising temperatures. The catastrophic fire season that seems to last longer each year, extended hurricane seasons and flooding across the Midwest. Each of us can play a role in conserving resources by reducing our own carbon footprints. Mighty Market’s commitment to earth-friendly products makes it easy to live more sustainably.

Mighty Market, located at 739 Ferry Street in Martinez, is owned by Claire Martinez and Bronwyn Kopcek. They’re working moms, and many of their suppliers are women. They offer nationwide shipping and curbside pickup. Something else you’re going to like—they have a rewards program that’s an incentive to keep going back.

This is the season for taking charge and making commitments

Buying in bulk and supporting local businesses are good places to start. Many of our clients are also scheduling appointments to create Living Trusts. Covid-19 is still very much a reality, and a Trust, with a Power of Attorney and Advance Healthcare Directive are providing peace of mind to many. Best of all, we guide you through it and we prepare the legal documents. Schedule an appointment with Guidewaytoday.

We service the entire East Bay and North Bay areas

Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy and Fremont. Our clients also live in the Napa Valley, Benicia, Vallejo, Martinez, Fairfield.

 

Adding Your Kids to Your Bank Accounts? A Very Bad Idea

Should you add your kids to your bank account? This is a discussion topic that frequently comes up during our Living Trustdiscussions. In many cases, parents have already added their kids to their bank accounts.

It’s hard to overstate the convenience of a shared banking account

Those acting as caregivers for their mother and/or father already have a full plate. In many cases, they’ve got demanding jobs and they’re raising their own families. The convenience of being able to manage all of their parents’ banking activity with their own set of debit and credit cards and checks is understandable. Having complete access to these accounts makes it easy to deposit checks, pay bills and purchase incidentals for the health and wellbeing of their parents.

The problem? How much do parents really know about their adult children?

Parents may see their adult children regularly, but how much do they really know about how they live their lives? Their values, their relationships, their work, their friends, how they spend their money and what they do in their down time? In my own case, my folks lived in Florida for 40 years, while I lived in the Bay Area. We saw each other once or maybe twice/year. Distance tends to make us strangers. As the years went by, we grew more remote in a number of ways.

How trustworthy is your son or daughter?

When your child is added to a bank account, that person becomes a joint owner of the account. That means access to all of your funds. Don’t think the bank is going to monitor how your son or daughter is using that account because that isn’t their job.

Does your child have creditor problems?

If your child has any creditor issues, your bank account well could be levied by a creditor and is in jeopardy. The creditor is not going to distinguish between what belongs to you and what belongs to your child. For an adult child with a mountain of credit card debt that will never get paid off, access to a mother and/or father’s well-funded bank account could be very tempting. One more thing: n

Is your child getting divorced?

During every divorce proceeding, it’s necessary to account for all assets. It’s not unlikely that this shared account could end up as an asset in the child’s Divorce proceeding. In this situation, the child would need to prove that the funds were, in fact, not theirs but belonged to the parent.

Setting the stage for sibling conflict

Upon the death of the parents, the surviving bank account holder is the legal owner of the account’s funds. Your child is now entitled to receive all of the funds from this account. Depending on the amount of money in the estate and other assets, this could create sibling chaos. The other siblings may or may not have known about the shared accounts prior to the parents’ death. There’s something about a death in the family that can bring out the worst in the family. The more instruction you provide, the less potential conflict for the family.

A better solution: Create a Living Trust

A much better, more comprehensive solution is to create a Living Trust, then retitle the bank account in the name of the Trust. By adding the account to the Trust, the Successor Trustee will be able to use the funds to care for the parents if they become incapacitated. The Trust will also include instructions on how the remaining funds will be distributed among the remaining family members. This solution will decrease or eliminate the potential sibling conflict.

Our Trust package includes a Power of Attorney and an Advance Healthcare Directive. We guide you through the process and prepare the legal documents. For most of our services, we charge one flat fee. We’re helpful, compassionate and affordable. Schedule an appointment today at one of our three Bay Area offices in Dublin, Walnut Creek or Oakland. 

We service the entire East Bay area

Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy, Fremont.

As Pandemic Evolves, New Symptoms Emerge

Does anyone else wake up in the morning, take a few deep breaths and cough to test for COVID? We’re now learning that fever, cough and shortness of breath are not the only warning signs of a coronavirus infection.

As doctors and virologists learn more this insidious disease, they’re also discovering new symptoms that can accompany the more obvious respiratory problems. These new symptoms reinforce what experts around the world are telling us: The coronavirus is still in charge, capable of causing a sustained and often prolonged attack. Even more frightening for those in a high-risk demographic, are the long-term effects of the virus. People who get the disease do not develop an immunity. COVID breaks down our immune systems, and we can catch it again. The virus can leave its patients weak and disoriented.

In the early days of the pandemic, the focus was on treating those who were the sickest

But we’ve become more knowledgeable. “It takes a while for the full range of symptoms to be known when you’re dealing with a new virus,” explains Lisa Winston, M.D., an epidemiologist and professor of clinical medicine at UCSF.

COVID patients are exhibiting a broader range of symptoms

• Some patients are reporting red or purple lesions on hands and feet.
• Doctors are treating people with diarrhea and loss of appetite, sense of taste and smell.
• Dermatologist Esther Freeman, M.D., has identified red- and purple-colored toes that swell, burn and itch. This unusual symptom has been dubbed “COVID toes.”
• Rashes similar to those from hives and chicken pox have also been reported on some coronavirus patients.
• According to the Journal of American Neurology, confusion, delirium, and other neurological symptoms have also been observed in those with COVID.
• There are early reports suggesting that COVID may raise the risk of abnormal blood clotting. Clots reaching the lungs, heart or brain can cause more serious complications, including pulmonary embolism, heart attack or stroke. If the virus enters cells in the heart, it also can cause a heart infection known as myocarditis. This infection may cause chest pain, abnormal heart rhythms and heart failure.
• Happy hypoxia. This is a dangerous condition where patients have dangerously low levels of oxygen in their blood, which could cause reduced consciousness. Patients with this condition have been unusually alert and comfortable—completely unaware that they’re manifesting a serious condition.

Response to COVID will be influenced by the strength of our own immune systems

Once COVID reaches the lungs and the bloodstream, it travels around pretty freely. More research will determine how it interacts with cells. Symptoms may be caused by inflammation that results from the body’s immune response to infection—and will vary widely depending on the strength of the individual immune system. While fewer people are dying from COVID, more people are becoming infected. We can minimize the risk by social distancing and wearing masks.

During this health crisis, many are feeling an urgency to create a Living Trust

We are scheduling appointments with clients to create or update the Trusts they created 15-20 years ago—there may be new grandchildren, property and/or investments. Think of those things that would change the inheritance for your beneficiaries.

Our Trust package includes a Will, Power of Attorney, an Advance Healthcare Directive and Incapacity Planning. We guide you through the process and prepare the legal documents. At California Document Preparers, for most of our services, we charge one flat fee.

Schedule a secure office visit or work virtually via Zoom

Our offices are open and we’ve instituted stringent sanitation procedures. We can also provide our services virtually using Zoom or phones. Schedule an appointment today at one of our three Bay Area offices in Dublin, Walnut Creek or Oakland. We’re helpful, compassionate and affordable. COVID is going to be with us for a while, so wear a mask and stay safe!

We service the entire East Bay and North Bay areas

Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy and Fremont. Our clients also live in the Napa Valley, Benicia, Vallejo, Martinez, Fairfield.

This story is based on an article from the AARP, Unusual Symptoms of COVID-19 You Need to Know About, by Rachel Nania

Carl and Mary: A Blended Family Creates Separate Living Trusts

With the coronavirus has come a new urgency to create estate planning documents. Those who are scheduling appointments don’t fit a stereotype. There are seniors, of course, but also those thinking about retirement, single adults and young families who want to provide a safety net for their children.

Many of the couples we see are blended families. For these couples, estate planning gets a little more complicated. By the time people get to their second or third marriages, there are several homes and other assets, two sets of children and grandchildren. Each partner wants to make sure their respective families receive their share of the estates.

Carl and Mary: A blended family who met over an afternoon of bridge

Carl and Mary are a good example of one of these blended families. They’re both in their 70s and met over a Rossmoor bridge table. They’ve been married for five years and continue to live at Carl’s Rossmoor home in Walnut Creek. Both of their spouses died. Carl has two adult sons and Mary has two adult daughters, and there are assorted grandchildren.

Carl and Mary are financially comfortable, healthy and thoroughly enjoying retirement

Carl and Mary are part of a generation that worked for one company for their entire careers and were rewarded with healthy pensions. Mary was an RN and Carl worked for Diablo Community College. Both also inherited their deceased spouse’s pensions. Mary owned a home in Hayward that she rented out and both received social security. Carl sold his Pleasant Hill home and downsized when he moved into Rossmoor.

They saw no reason to commingle their estates

Carl and Mary really didn’t see anything to be gained from commingling their estates. Each was comfortable financially, and both Carl and Mary wanted to leave their children their estates. California Document Preparers worked with Mary and Carl to identify a solution: Each would create a separate Living Trust for his/her own estate.

• Carl’s Rossmoor home, in which they lived, would go into his Trust.
• Mary’s Hayward home, that she rented out, would go into her Trust.
• Carl and Mary would be each other’s Power of Attorney, with their sons and daughters as respective backups.

The couple’s adult children were relieved that their parents had finally completed their Trust. They’d been putting this off, but the coronavirus health crisis brought it back into focus.

During this health crisis, many are feeling an urgency to create a Living Trust 

Our Trust package includes a Will, Power of Attorney and an Advance Healthcare Directive and Incapacity Planning. We guide you through the process and prepare the legal documents. At California Document Preparers, for most of our services, we charge one flat fee. We’re helpful, compassionate and affordable. Schedule an appointment today at one of our three Bay Area offices in Dublin, Walnut Creek or Oakland. 

We service the entire East Bay and North Bay areas

Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley, Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy, Hayward and Fremont. Our clients also live in the Napa Valley, Benicia, Vallejo, Martinez, Fairfield.

You, Your Trust and Taxes

We talk a lot about Living Trusts as an important part of estate planning. What we don’t talk about is a Trust and your taxes. But if you’re creating a Trust, thinking about transferring property, or naming a Successor Trustee, taxes are an important consideration. This is about your, your Trust and your taxes.

A Living Trust is typically a Revocable Trust, meaning that the person who’s creating it, the Grantor, may add or remove the Trust’s assets and beneficiaries at any time. The Grantor may even terminate or revoke the Trust at any time. Many people want to know about the tax implications of a Trust before they move forward with creating one.

The Trust is in the Grantor’s name and will be recorded in his taxes

Because the Trust is in the Grantor’s name, he remains entitled to receive the income and the principal of the Trust during his lifetime. As a result, the IRS still taxes the Grantor on the Trust’s income. Because this is still in the Grantor’s name, it uses his social security number to establish investments and bank accounts, so all of the Trust’s income is recorded on the Grantor’s tax return. It is not necessary to have a separate tax return for the Trust because everything is still in one person’s name—the Grantor’s.

Having a Trust means your heirs will avoid Probate

However, while the Grantor is taxed on the Trust income, the Trust’s assets are legally held by the Trust, which will survive the Grantor’s death. For this reason, the assets in the Trust do not need to go through the Probate process when the Grantor dies. This is one of the reasons we encourage everyone to create a Living Trust. You will be sparing your heirs the expense and the time-consuming process of going through Probate.

Special circumstances during Grantor’s life

If the Grantor becomes mentally incapacitated, the Successor Trustee designated in the Trust documents may choose to obtain a separate tax ID number for the Trust. This number is called a “Federal Tax ID Number”, an “Employer Identification Number”, or an “EIN”.

A Successor Trust may choose to obtain an EIN for the Trust in order to limit his own liability for the Trust’s income tax or to help fulfill his fiduciary duties. If the Trust is using an EIN, a separate tax return for the Trust will be required for each year. The Trust’s taxes will be filed on Form 1041 and would be filed by the same date as personal taxes. If it’s a simple estate, this may not be necessary. But even in straightforward situations, it often takes a year or more to settle the estate. There are cases where the Grantor is not incapacitated, and still may choose to establish an EIN for the Trust.

If the Grantor has complex personal taxes and would prefer not to report the income and losses of the Trust on his own tax return. He would still pay taxes on the income of the Trust but he would be paying those taxes under the Trusts EIN number.

In my own case, my parents lived into their 90s, and were active and healthy until the last year or so. We realized that there was some urgency in their signing their Trust, Powers of Attorney, Advance Healthcare Directives and Do Not Resuscitate Orders with their doctors while they still had testamentary capacity. They died within six months of each other, and my brother, the Successor Trustee, stepped up and managed their estate. It was very straightforward, but it still took more than a year to settle our parents’ estate. He established an EIN for the Trust and dealt with endless paperwork and bills that kept trickling in from Social Security, Medicare and miscellaneous providers.

Living Trust tax after Grantor’s death

After the Grantor’s death, the Trust remains in place and continues to hold legal ownership of all the Trust’s assets. If you’re the Successor Trustee, the Trust holds all of the assets that you inherit and you will be responsible for dividing among your family members, as per the Trust. The tax implications impact the outcome of both the Grantor and the beneficiaries.

• The Grantor’s final tax return is filed by the Trustee or Executor of the Grantor’s Estate, and it declares all the income earned by the Grantor through the Grantor’s death.
• However, any income earned by the Trust assets or principal after the date of the Grantor’s death is reported in a separate tax return for the Trust.

After death, the Trust converts from a Revocable to an Irrevocable Trust

The requirement that the Trust files its own tax return is a result of the Trust changing from a Revocable Trust during the Grantor’s life to an Irrevocable Trust upon the Grantor’s death. This makes perfect sense because it was Revocable before death—meaning that the Grantor can revoke, or make changes to the assets and beneficiaries. After death, of course, the Grantor can no longer make changes. The result: The Trust must file its own tax return each year.

What about estate taxes?

Thanks to changes in the estate tax laws, only those estates worth more than $11.4 million will owe federal estate taxes. This leaves most of us out, yet here in the affluent Bay Area, this extends to an increasing number of people.

California Document Preparers assists our clients in the preparation of Living Trusts. Our Living Trust portfolio includes a Power of Attorney and Advance Healthcare Directive. Most of our clients are surprised at how easy it is. Schedule an appointment today by contacting us at one of our three Bay Area offices. Our dedicated team is helpful, compassionate and affordable.

An Aid in Dying Update: More Available, Yet Few Will Choose It

On August 1, New Jersey became the eighth state to allow doctors to prescribe lethal medication to terminally ill patients who want to end their lives. On Sept. 15, Maine will become the ninth. By October 2019, 22% of Americans will live in states where residents with six months or fewer to live can determine how and when they will die. (Oregon, Washington, Vermont, Montana, California, Colorado, Hawaii, District of Columbia) Oregon was the first state to pass the Death with Dignity Act in 1997. More than 20 years later, opposition groups remain wary of potential abuse. Hospitals with religious affiliations may refuse to allow their physicians to perform the procedure. Yet opposition is softening as support grows. Aid in dying is more available, yet few will choose it.

A look back on the EOLOA in California

California passed the End of Life Option Act (EOLOA) in 2015. Jerry Brown signed it into law in 2016. Four years and it remains controversial and problematic. While the campaign for aid in dying (or death with dignity) continues to make gains across the country, supporters are increasingly concerned about what happens after these laws are passed—on both sides of the issue.

• Some fear that the law forces the dying to navigate an overly complicated process of requests and waiting periods.
• There are op-out provisions that allow doctors to decline to participate and health care systems to forbid their participation—even in places where aid in dying is legal. In areas where there is a shortage of doctors, it can be difficult to complete the necessary process within the prescribed timeframes.
• Those who oppose the legislation fear that it sets up a slippery slope for abuse.

The New Jersey bill had neared passage several times, but derailed in 2014 when Governor Chris Christie threatened a veto. Legislators passed the Aid in Dying for the Terminally Ill Act in 2019 and the governor signed it in April. Governor Janet Mills: “I do believe it is a right that should be protected by law–the right to make ultimate decisions.”

So what’s changed? All states are required to track usage and publish stats

Data show that whether a state has six months or 20 years of experience (Oregon, the pioneer in aid in dying), the proportion of deaths involving aid in dying (also known as physician-assisted suicide) remains tiny.

California’s 2017 data show that 632 people made the necessary two verbal requests to physicians, after which 241 doctors wrote prescriptions for 577 patients. This out of 269,000 deaths that year. The law shows no evidence of widespread abuse or misuse of the law. Attitudes within the medical community are changing. A number of national organizations and a dozen state medical societies have gone from opposing the law to taking neutral stances.

Despite Catholic organizations and other opponents, polls show broad support

In March, an aid-in-dying bill passed the Maryland House of Delegates but failed after a tie vote in the Senate. Opponents are attempting a ballot initiative to repeal Maine’s new law and pursuing a slow-moving court case to invalidate California’s. Yet public opinion polls consistently show broad support for aid in dying.

The small number of users suggests most Americans would not choose this option

There’s enough data from a number of states now to identify trending. The low numbers of users show that most users would not choose this option. However, it may also reflect difficulty in actually using these laws.

A recent survey of 270 California hospitals, published in JAMA Internal Medicine, found that 18 months after implementation of the state’s EOLOA, more than 60% — many of them religiously affiliated — forbade affiliated physicians to participate. Compassion & Choices is intensifying efforts to persuade local health care systems, doctors and hospices to agree to consider patients’ requests.

Laws drawing scrutiny; many believe they’re too difficult with too many safeguards

The model has been the first-in-the-nation Oregon law, which took effect in 1997. The law requires that a terminally ill patient:

• Sees two doctors.
• Makes two oral requests for a lethal prescription, plus one in writing.
• Waits 15 days.

For a terminally ill patient who perhaps lives in a rural area where doctors are scarce or even in an urban area where they’re booked up for weeks in advance, this can become challenging. A Kaiser Permanente study shows that at least a third of those who inquire about the aid in dying measure become too ill to complete the process or die before they qualify. Hawaii’s law took effect in January. It requires a 20-day wait, and they’ve an additional mental-health consultation requirement.

Dementia, testamentary capacity and Aid in Dying

• Rural areas face physician shortages, and Compassion & Choices has urged that nurse-practitioners and physician assistants be allowed to provide aid in dying in states where they can legally write prescriptions.
• One legislator has introduced several bills that would permit those in the early stages of dementia and other neurodegenerative diseases to use aid in dying, securing prescriptions theycould then use later as their illnesses progressed. “You could make the request when you were cognitively able to do it,” he said.
• Yet every existing state law bars that. Those requesting aid in dying must be able to show mental capacity; dementia patients will have lost that ability by the time they’re within six months of dying.

The support for aid in dying continues to gain momentum. The fact that very few people are actually using this measure may be tamping down the fears of those historically opposed to the measure.

Many of our clients are seniors who come in to our offices to create their Living Trusts

The result is numerous conversations on a wide range of topics related to health, healthcare and end-of-life planning. California Document Preparers assists our clients in the preparation of their Trusts, which include a Power of Attorney and Advance Healthcare Directive. Most are surprised at how easy it is. Schedule an appointment today by contacting us at one of our three Bay Area offices. Our dedicated team is helpful, compassionate and affordable.