California Conservatorships & Guardianships - Do you really need one? YES - if you take care of someone who is unable to manage their educational, medical, financial and/or other needs because of certain disabilities.A Conservatorship is a legal arrangement in which a competent adult oversees the personal care and/or financial matters of another adult considered incapable of managing alone. A Limited Conservatorship is a legal arrangement in which a competent adult oversees the personal care and/or financial matters of a developmentally challenged adult (i.e. an adult who has a condition that: 1) is not solely physical; 2) originated before age 18; and 3) is expected to last indefinitely). When a child with special needs turns 18 a parent (or guardian) loses all legal rights to make medical, financial and/or educational decisions for that child, because the child is now technically considered an adult. Limited conservatorships provide a parent or guardian with the legal means to manage the care of their special needs loved one. The limited conservatorship process should begin 3-4 months before the child's 18th birthday. A Guardianship is a legal arrangement that allows a competent adult to legally care for a minor. California Estate Plans - What are they, and why do you need one? "Estate plan" typically refers to trusts, wills, health care directives, and powers of attorney. Estate plans are created so families can protect their assets, and ensure that final distribution of any assets are handled according to pre-established directives and not decided by a Probate court. In addition, physician’s directives guide medical professionals to honor a person's wishes, if that person becomes incapacitated. Finally, powers of attorney allow loved ones to make financial and medical decisions for a family member, if that person is unable to make those decisions without assistance. Estate plans are particularly important for the person with special needs. When a (special needs) person's assets are placed in a special needs trust, those assets are no longer considered "qualifying" for purposes of obtaining certain government benefits. Such assets, if not placed in trust, may preclude someone from obtaining benefits such as SSI, Medicaid, subsidized housing, occupational training, etc. A special needs trust protects a person's existing assets, and places government benefits where they belong - in your loved one's hands. California Business Formation - What type of business structure do you need? When someone starts a business, one of the first decisions they must make is whether their business will be a sole proprietorship, partnership, corporation, or limited liability company. Deciding which structure is right for you depends on the type of business, number of employees, and if you desire the protections (and tax advantages) afforded by certain business structures. An accountant can help a new business owner decide which entity to create, and then an LDA can assist the owner in the formation of the new business entity - quickly, and without unnecessary and costly legal fees. California Litigation - You've been sued (or need to sue someone) - Now what? The first step is to find a professional to help you. That old saying "leave this to the professionals" rings true - especially if you find yourself in one of these situations. While you can legally and successfully represent yourself in court proceedings (i.e. without an attorney), you should not participate in a legal action without the guidance of an experienced legal professional. Court deadlines are absolute, and court documents must adhere to strict procedural formats and guidelines. Plus, each county has its own rules that must be followed to file an action or defend against one. A person’s legal action may be compromised if court rules are not properly followed. We can help you avoid such traps. Our California-based company can assist you with each and every one of these tasks - cost-effectively and efficiently! Resources: www.Nolo.com; The Rutter Group; Witkin; CEB |
Self-Help Legal Information |