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News from the Section

Updated Ethics Guide for 2014

Cover of the New Ethics GuideHot Off the Press: The Third Edition of the Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel Is Now Available to Trusts and Estates Section Members at a Special Price

Neither the California Rules of Professional Responsibility nor the ABA Model Rules of Professional Conduct provide adequate guidance to California practicing trusts and estates lawyers. The Third Edition of the Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel is offered by the Executive Committee of the Trusts and Estates Section of the State Bar (TEXCOM) to provide both general and fact-specific guidance to California trusts and estates lawyers facing common and unusual ethical issues and problems, with an emphasis on application of California-specific rules.  The Third Edition replaces the Second Edition, which was released in 2007, and has been updated to reflect the current state of the law, including by way of example changes in the Care Custodian area and evolving social media issues.  The updated Guide is an essential addition to the library of every California trust and estate lawyer.

The retail price to members for the Guide is $85.00.  However, the Trusts and Estates Section is offering the Guide to Section members at a reduced price of $40.00 if purchased before September 30, 2014.

You can order the Guide directly HERE. Or go to our Sections Bookstore and click on "Trusts and Estates Section".

The Thirty-Eighth Annual Fall Program
Presented by The State Bar of California Trusts and Estates Section

Wednesday, October 29, 2014
Julia Morgan Ballroom
465 California Street
San Francisco, CA 94104

You can now REGISTER ONLINE for this program.

Earn 6.0 Hours of MCLE and Legal Specialization Credit in Estate Planning Trust & Probate Law

Program package includes:

  • program materials
  • continental breakfast
  • lunch

See the full program details at Trusts and Estates Fall Program!

The State Bar of California 87th Annual Meeting, September 11-14, 2014, Grand Hyatt San Diego

The State Bar of California 87th Annual Meeting
September 11-14, 2014
San Diego, California

Annual Meeting PreviewYou can now REGISTER ONLINE for the Annual Meeting.
Early-bird Pre-Registration Deadline (Save $100): August 13

The State Bar of California returns to San Diego for the 2014 Annual Meeting. The new meeting logo “My Annual Meeting” simply states that this is your annual meeting: an event for legal professionals that blends business, education, entertainment and the opportunity to meet and engage with law professionals from throughout California.

The four-day meeting will showcase an education agenda consisting of 143 MCLE seminars covering a variety of substantive topics, legal technology, access to justice, UPL, attorney advertising, and other key areas of interest.

The Annual Meeting Preview is now online! Be sure to see Special Events for information about luncheons, social events, the California Women Lawyers Annual DinnerAnnual Exhibit Show62st Annual Bench & Bar Art ExhibitConference of California Bar Associations (CCBA), and Sponsorship and Advertising Opportunities. See Hotel and Travel for information about the Annual Meeting hotels, airline and rental car discounts.See the schedules for individual days for a chronological list of all programs, with descriptions: Schedule for ThursdaySchedule for FridaySchedule for SaturdaySchedule for Sunday.

The Section is presenting:

Program 21

Medi-Cal Long Term Planning Strategies Under The Deficit Reduction Act

Program 65

Probate: When You’re Dead, Who Cares

Program 68

Probate Law Appeals: Tips, Tricks and Strategies

Program 69

Mom Always Liked You Best: Mediating Trust and Estate Issues

Program 98

Protecting Seniors from Abusive Marriages

Program 109

Conduct a Better Deposition in Trusts and Estates Litigation

Program 119

Recent Developments: California Court Decisions Affecting Trusts & Estates

Program 143

Disposition of Digital Assets and Challenges of Finding Digital Assets Upon Death of Owner

We look forward to seeing you in San Diego.

New Legislation of Interest to Elder Law Practitioners

March 20, 2014: Senate and Assembly committees are in the process of reviewing nine bills intended to reinforce the rights of residents in residential care facilities. The package of bills, introduced earlier this year under the collective title of the RCFE Reform Act of 2014, is sponsored by California Advocates for Nursing Home Reform. The bills seek to provide better scrutiny of residential care facilities by the State Social Services Department, promote residents' rights through enactment of a bill of rights and of onsite resident and family councils,  enforcement of rule violations and enhanced sanctions, better investigation of complaints, and enhanced training of staff members of facilities.

For more information, go to the CANHR website (www.CANHR.org) and click the Legislation tab.

The bills are:  SB 894 and 895 (Corbett); SB 911 (Block); SB 1153; SB 1218 (Yee); AB 1554 (Skinner), AB 1571 and 1572 (Eggman), and AB 2171 (Wieckowski).

While the Section will not be taking positions on these bills, Section members who work with seniors may wish to become informed about the purpose and content of the bills and may wish to take positions on them independently.

Bart Schenone,
Chair, Trusts and Estates Executive Committee

The Educating Seniors Project is Back in Action

The Trusts and Estates Section is pleased to announce that its Educating Seniors project is now back in full operation. This project has been sponsored by the Section since 1997 and focuses on training attorneys who specialize in the practice of trusts and estates law on matters relating to elder financial abuse. Trained attorneys are then provided with contact information for their local Senior Centers along with a portfolio of brochures and educational materials; following this, they are deployed in their local communities for the purpose of providing senior audiences with information designed to protect them from predatory schemes.  

If you are a trusts and estates attorney who would like to be part of this important project, please contact us! And if you are the representative of a Senior Center (or other organization that serves the senior community in your area), we hope that you will contact us as well.

Please contact:

Jennifer Choy
Educating Seniors Project Coordinator
State Bar of California
180 Howard Street
San Francisco, California 94105
415-538-2290
TrustsandEstates@calbar.ca.gov

Trusts and Estates Section on the Radio

Radio station KALW regularly broadcasts "Your Legal Rights," a show in which callers can ask questions of attorneys with expertise in different areas of the law.

Listen Now to "Medical Eligibility Update" - Aired on July 16, 2014.

Listen Now to Further "Dicsussion of Basic Estate Planning Issues" - Aired on June 4, 2014.

Listen Now to "Basic Estate Panning Issues" - Aired on April 30, 2014.

Listen Now to "Medi-Cal Changes and Covered California" - Aired on April 9, 2014.

Listen Now to "Estate Planning for Same Sex Couples" - Aired on July 31, 2013.

Advance Care Health Directive

 The Advance Care Health Directive (Probate Code Section 4700-4701) is posted online on the State of California's Official California Legislative Information Web site. The form provided in Section 4701 can be used to create an advance health care directive. The other sections of this division govern the effect of the form or any other writing used to create an advance health care directive. An individual may complete or modify all or any part of the form in Section 4701. For more resources, see Educating Seniors Speaker Bureau at Educating Seniors.

Toll Free Senior Information Line: 1 - 888 - 460-7364

 The Trust and Estates Section has established an information line to assist you in reporting the activities of attorneys and non-attorneys involved in fraudulent activities against seniors in California. The State Bar of California is authorized to discipline attorneys who have participated in these activities and to pursue complaints against non-attorneys for the unauthorized practice of law. Because of our limited resources, however, we encourage you to also file complaints with other appropriate state agencies and law enforcement branches.

The number is: 1-888-460-7364. Please assist the Section in publicizing the availability of this service! For more resources, see Educating Seniors Speaker Bureau at Educating Seniors.

Legislative Tracking

The State Bar's Office of Governmental Affairs offers online bill tracking page for members of the Sections of the State Bar (as well as the Bar's Board of Trustees and its standing advisory committees).  The page is accessible to all Section members who have created a State Bar Profile. To access the page, log in to your State Bar Profile and go to the Trusts and Estates Section Members Only Area.

Save Money with CEB

CEB Discount Program for Section MembersContinuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Trusts and Estates Section, you're eligible for:

  • 10% off selected CEB print or online books
  • A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket

A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.

Contact

 Trusts and Estates Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2206
FAX 415-538-2368

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