Trusts and Estates Section
News from the Section
Webinar: Evolving Landscape in End of Life Care in California
Tuesday, August 23, 2016, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Estate Planning, Trust and Probate Law. You must register in advance to partcipate.
The End of Life Options Act (EOLA) was adopted in California in October 2015, and became effective in June 2016. It establishes a statutory permission for aid in dying (AID). Aid in dying is the practice of a physician providing a mentally competent terminally ill patient a prescription for medication the patient could ingest to achieve a peaceful death. California is the forth State to adopt such a statute. All of these state statutes impose a number of burdens and restrictions on accessing AID; California’s statute imposes the greatest restrictions
At the time of the EOLA’s enactment, a lawsuit asserting that the choice of AID is protected by privacy and/or equal protection guarantees of the state constitution was pending. Brody et al v Harris. This sequence of events in California places it in a novel position in terms of evolving law and policy governing AID. None of the other states to enact AID statutes did so when a lawsuit asserting a state constitutional right to make this important medical decision was pending. This novelty gives rise to the prospect that restrictions imposed on AID in the EOLA will be examined by the court, should it find this choice to be protected by privacy and/or equal protection guarantees of the California constitution. This webinar will review the law and policy governing end of life care in California, including the EOLA, and discuss whether the restrictions of the EOLA can withstand constitutional scrutiny: does the California Constitution protect the choice of a mentally competent terminally ill patient to choose a more peaceful death through AID? If so, do provisions of the EOLA impermissibly burden and constrain exercise of that choice, such that they cannot withstand scrutiny?
Speaker: Kathryn L. Tucker
The State Bar of California 89th Annual Meeting
The State Bar of California 89th Annual Meeting
September 29 - October 2, 2016
Marriott Marquis San Diego Marina
San Diego, California
Early Bird Pre-Regsitration and Hotel Registration Deadline: August 30, 2016
Pre-Registration Deadline: September 8, 2016
The State Bar of California returns to beautiful San Diego for the 2016 Annual Meeting. The Annual Meeting is a multi-day showcase of continuing legal education courses, celebrity speakers, and noted legal scholars. Each day gives you several choices of courses and special events.
The Annual Meeting registration fee is structured to make it affordable to attend. You can select either a Full Meeting Pass or a 2-Day Pass. Special fees are available for Young Lawyers and New Admittees.
Register by August 30, 2016 to take advantage of preferred pricing. Your registration includes:
- 111 MCLE courses
- Up to 19 Hours of MCLE and Legal Specialization credit
- Dynamic Opening Day and Closing Day General Sessions
- Free Networking Lunch, Morning Coffee Breaks and Evening Happy Hours in the Exhibit Hall
- Social events hosted by the State Bar and its various Sections, local bar associations and law school alumni groups
The Section will be presenting:
Should Your Client Sign That? Helping You Survive Your Clients’ Changing Capacity
Trustees v. Remainder Beneficiaries, and the Struggle to Deal with an Aging Population
Assessing and Litigating Pre-Death Trust Contests: Perils, Pitfalls and Strategies
Recent Developments: Trust and Estates
California’s New Revocable Transfer on Death Deed in Depth
You can REGISTER ONLINE until September 8. For full information, see The State Bar of California 89th Annual Meeting.
Your Comments Needed on 2016 Legislative Proposals
Legislative proposals are developed by various Sections and/or Committees of the State Bar for possible introduction in the California Legislature in 2016.
The Trusts and Estates Section has several pending proposals. We urge you to read and comment on legislative proposals which may affect Trusts and Estates Practice.
Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!
We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.
Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.
Updated Ethics Guide
The Third Edition of the Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel Is 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 for the Guide is $85.00. However, the Trusts and Estates Section offers the Guide to Section members at a reduced price of $40.00.
You can order the Guide directly HERE. Or go to our Sections Bookstore and click on "Trusts and Estates Section".
The Educating Seniors Project Seeks Volunteer Attorneys for Speakers Bureau
Educating Seniors Project Seeks Volunteer Attorneys for Speakers Bureau
The Trusts and Estates Section of the State Bar of California is pleased to announce that its Educating Seniors Project (ESP) has a new website: www.educatingseniors.org. ESP is seeking qualified California attorneys with a passion for helping seniors preserve and protect their independence by giving occasional presentations to seniors on issues of pressing concern, such as:
- Financial scams targeting seniors, and how to avoid them;
- Estate planning needs unique to seniors;
- Detection and prevention of financial elder abuse; and
- What seniors can do to live independently in their home for as long as possible.
If you are a trusts and estates attorney interested in participating in training to become a part of the ESP Speakers Bureau, and have the flexibility in your schedule to spare an occasional morning or afternoon to speak to seniors about trusts and estates issues, or if you would just like to learn more about the Educating Seniors Project, please contact us at TrustandEstates@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 Estate Planning -- A Discussion of POLSTs, aired January 20, 2016.
- Listen Now to the State Bar’s publication, “Seniors & the Law: A Guide for Maturing Californians” -- Aired on September 2, 2015
- Listen Now to Living Trusts -- Aired on July 15, 2015
- Listen Now to The Educating Seniors Project of the Trusts & Estates Section of the State Bar -- Aired on Feb. 18, 2015
- Listen Now to A Refresher on Estate Planning -- Aired on Dec. 31, 2014
- Listen Now to Estate Planning for your Golden Years, Program 2 --- Aired on September 17, 2014
- Listen Now to Estate Planning for your Golden Years, Program 1 --- Aired on July 16, 2014
- Listen Now to "Medical Eligibility Update" -- Aired on July 16, 2014.
- Listen Now to Further "Discussion 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.
Member Benefits from the Trusts and Estates Section
All members of the Trusts and Estates Section receive the following benefits:
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.
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.
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
Continuing 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.
Trusts and Estates Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639