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News from the Section

Updated Ethics Guide for 2014

Cover of the New Ethics GuideThe 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.

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

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 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 "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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