Pleasanton Wills & Trusts Law Firm FAQ
Throughout the Bay Area, the Pleasanton trusts law firm of Beverly M. Hoey assists clients with a range of estate planning, probate administration and small business matters. The trusts law firm in Pleasanton provides the following answers to frequently asked questions as a resource for clients and others seeking general information about estate planning and California probate administration. To learn more, visit the estate planning/practice areas overview page. To consult with an experienced and knowledgeable attorney, contact us today.
Q. What are some of the common signs of elder abuse?
A. Elder abuse is the neglect or physical, emotional, sexual or financial abuse of an elder. Common signs of abuse of which family members should take note include:
- Bruises, cuts, and scratches
- Broken bones
- Burns
- Unexplained withdrawal from normal activities
- Depression
- Bed sores
- Unattended hygiene or medical needs
- Weight loss
- Strained or tense relationships with staff and caregivers
- Frequent infections
- Excessive use of medications to control behavior
Q. How can one plan for the possibility of future incapacity?
A. Estate planning documents such as trusts, durable powers of attorney for financial matters, and advance health care directives provide a plan for the possibility of future incapacity, by allowing you to specify who will manage your assets and make financial and medical decisions on your behalf. In the event you do lose the ability to make decisions or care for yourself, the existence of these documents may avoid the need for the court to appoint a conservator to manage your finances (referred to as a "conservator of the estate") and a conservator to make health and other decisions regarding your care and well-being (a "conservator of the person").
Q. What is a Special Needs Trust?
A. A special needs trust is a trust that has been specifically drafted to ensure the beneficiary's continued eligibility for certain government benefits. If the intended beneficiary is a recipient of Medi-Cal, SSI or certain other government benefits, an outright gift or gift in a trust may disqualify the beneficiary from receiving continued assistance. In a special needs trust, the distributions made by the trustee are discretionary, not mandatory, and are designed to supplement, not replace, any benefits being received. Our Pleasanton trusts law firm has particular expertise in preparing special needs trusts for clients, including those with children who are severely disabled, have autism, Asperger's syndrome, multiple sclerosis, or have suffered a traumatic brain injury while serving in the military or as a result of a serious accident.
