Legal Tools

Because reports of elder financial abuse continue to rise, the California Legislature enacted the Donative Transfer Restriction Statute. It ensures the validity of written gifts – also called donative transfers – made to people who provide older adults with legal advice, personal care or other support. The statute’s purpose: Eliminate gifting that may heighten accusations of undue influence or financial fraud.

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.

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.

In a perfect world, seniors would be free to make all their own decisions about how best to cope with their current and future needs. But in the real world, when seniors disagree with those who care the most for them about what is right, what is fair, and what they want, conflicts often arise.

Elder mediation can help. The process promotes communications among concerned people who are unable to resolve their disagreements when conflicts focus on care planning and financial security.

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.

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.

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.

Who Is Eligible for IHSS?

IHSS pays for services to California residents who live at home, or who are currently institutionalized but wish to live at home. This fact sheet focuses on individuals or couples who meet the following eligibility rules for SSI/SSP:

Who shall inherit assets upon the owner's death is often determined by:

H.E.L.P.'s goal is to help oder adults live better, longer.

We assist Older Adults (and their friends and families) in planning for the future. Important areas of planning that we provide information and advice on include the following:

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.