Tag: woodland hills

SPECIAL NEEDS TRUST ATTORNEY WOODLAND HILLS CA

On: By: admin

SPECIAL NEEDS TRUST IN WOODLAND HILLS CALIFORNIA

​Creating perfect special needs trusts (also known as supplemental needs trusts) in California for parents of special needs kids does not have to be a challenge.  There are a number things to think about when forming a good special needs trust, and you should pay attention to selecting the right combination of resources for the special needs child that all must come together at the same time as follows:

1.  Selecting the right trustee.

2.  Selecting the the right Successor Trustees.

3.  Deciding whether or not to create a stand-alone trust or to make it a subtract of your main living trust.

4.   Funding it with the right assets and keeping it funded.

As special needs attorneys, we focus our special needs planning based on personal experience.  When leaving an inheritance to a special needs child, your attention should be on the selection of the trustee and the special needs language as well as the expected cost of living of the child.  Woodland Hills Special Needs Lawyers can address each special needs issue specifically and individually.  A Special Needs Trust is crafted by an attorney to assess and manage inheritances, litigation proceeds, and other resources while maintaining the child’s or disabled adult’s eligibility for the much desired public assistance benefits.
​
WHO SHOULD THINK ABOUT CREATING A SPECIAL NEEDS TRUST?  Parents and grandparents who have children or grandchildren with special needs.

Generally, parents, grandparents or others may fund a third party special needs trust the with resources which they deem appropriate for the trust with some limitations. For litigation special needs trusts, the Court will authorize the creation of the trust. The Special Needs trust assets are managed by a trustee for the benefit of the child or adult with the disability.   On the other hand, first-party special needs trusts are created with the assets of the disabled beneficiary, such as litigation proceeds, via a court order.

WHY SHOULD YOU FORM A SPECIAL NEEDS TRUST?

You should prepare a special needs trust to allow a disabled person to receive supplemental benefits from you, AND to be able to maintain his or her government benefits, at the same time.   An SNT (Special Needs Trust) allows for additional benefits above and beyond the government help, and does not disqualify the disabled person from receiving the additional assistance.

Government agencies generally honor special needs trusts, but many agencies have imposed stringent rules and regulations upon them. This is why it is of most importance that you, as parents consult an experienced attorney regarding current government benefit programs.

THREE TYPES OF SPECIAL NEEDS TRUSTS: 

There are generally three types of Special Needs Trusts.

Third Party Special Needs Trust: This type of trust is created by a parent, grandparent or other persons for the benefit of the disabled person.  In this type of trust, the parent or grandparent is the grantor.  The assets which go into this type of trust come from a third party other than the disabled person.

First Party Special Needs Trust:  This type of trust is created for benefit of the disabled individual, often with a court order, and contains repayment provisions for Medi-Cal.   This type of trust can be created by a Conservator/Guardian/ Parent or Grandparent.  This type of trust is generally used for litigation proceeds and sometimes for inheritances which were distributed to the disabled person by error.  This type of trust is created in a Minor’s Compromise or Disabled Person’s Compromise proceeding.

a)    Litigation and Structured Settlement Special Needs Trusts.
b)    Qualified Settlement Trusts.
c)    Litigation Proceeds Special Needs Trusts.

Pooled Trusts: A pooled trust is usually administered by a corporate fiduciary and is used in specific situations where the Medi-Cal or SSI beneficiary is 65 years old and over, or on where appropriate when the beneficiary will be receiving settlement proceeds.   This type of trust has a corporate trustee.

Much care must be given to the language of the trust to prevent the loss of the needed services and assistance.

The disabled person is the beneficiary of the trust. The trust is discretionary and the trustee has absolute discretion to determine when and how much the disabled individual should receive. The disabled individual cannot be the trustee of this trust.

A Checklist of important items to know regarding a Third Party Special Needs Trust:
 
The SNT is established (grantor, settlor) by family members such as parents, grandparents, and sometimes by conservators of parents/ or grandparents.   They are always formed by someone other than the person with the disability.

The SNT assets are managed by a trustee (and successor trustees) and NOT the person with the disability;  In fact, the disabled beneficiary cannot be named as trustee of the SNT.

The SNT gives the trustee or successor trustee the absolute discretion to provide whatever assistance is needed.  This means that no mandatory distributions can be made;

The SNT should prohibit giving the person with the disability more income or resources than permitted by the government;

The SNT is for supplementary purposes only; it should add to items provided by the government benefit program, and should not replace those government benefits;

The terms of the SNT define “supplementary needs” in general terms, as well as in specific terms related to the unique needs of the disabled individual;

The terms of the SNT may provide instructions for the disabled person’s final and funeral arrangement;

The terms of the SNT will determine who should receive the remainder balance of the trust after the disabled person dies;

The creator of the SNT trust determines choices for successor trustees. These can be family members, friends or professional organizations who have the best interest of the person with the disability in mind; and

A Third party SNT is a spendthrift trust and generally protects the trust against creditors or government agencies trying to obtain funds from the disabled person.

We can help you combine special needs trusts and ABLE accounts for optimum benefits and flexibility.

Our Woodland Hills Special Needs Trust Law Offices serve the following areas:  Woodland Hills, Ca, West Hills, Calabasas, Tarzana, Reseda, Bell Canyon, Agoura Hills, Agoura, Westlake Village, Thousand Oaks.

Only 1% of all California attorneys are Specialists.   Mina Sirkin is a Certified Specialist Attorney in Probate, Estate Planning and Trust Law.   Call Woodland Hills Special Needs Trusts Attorney: 818.340.4479. Special Needs Trust Woodland Hills.  

Woodland Hills Office Address:  21550 Oxnard St., Suite 300, Woodland Hills CA 91367. 

Importance of Perfecting an Estate Plan with a Special Needs Trust in Woodland Hills, California

On: By: admin

How important is it to have a special needs trust?  A family with a special needs person should provide for emergencies and unexpected life events with a proper special needs trust as a tool to perfect an estate plan.   Our Woodland Hills, Ca law firm plans for the special needs of many individuals in the San Fernando Valley and has done so since 1992.

 

There are two aspects of a Special Needs Trust:

1.  The estate planning aspect.

2.   The administration aspect of a special needs trust.

 

Both are equally important in protecting the government benefits of a disabled child or disabled family member.   

 

When you come to a free consultation with our special needs trust lawyer or attorney in Woodland Hills, you get the benefit of not only years of experience in this area, you get the benefit of each of our lawyers regularly attending the national and California special needs trust conferences which bring to our clients and customers, the latest in special needs planning.

Should your group need a speaker for your special needs event, please call our office at 818.340.4479.  Mina Sirkin regularly speaks to groups about special needs planning techniques and can assist you with a special needs trust.

WOODLAND HILLS ELDER LAW | ATTORNEYS & LAWYERS | SIRKIN LAW

On: By: admin

Caring for an elderly person in Woodland Hills can be complex.   Woodland Hills elder law attorney, Mina Sirkin explains the details you need to know for a successful estate and elder wealth protection planning case.  

What is Elder Law?  Elder Law is the multidisciplinary area of law dedicated to providing legal services to persons above 65 years of age, which includes wealth and estate planning, creation of power of attorney documents, asset protection, and preparation of Advance Health Care Directives.   Woodland Hills Elder Care Law attorneys at Sirkin Law Group have dedicated the last twenty five years to preparation for the future of our elderly clients in Woodland Hills Ca.   We believe that with proper elder law planning, Conservatorships can be avoided for most of our clients with proper estate plans.

Before there is any medical emergency, we prepare our Woodland Hills elder clients and their children by making sure they have the right documents at hand.   Below you will find a list of documents you should have ready for your parents.

1.   Their Advance Health Care Directive or Durable Power of Attorney for Health Care, and a Hipaa Release;

2.   A copy of their Driver’s license or senior identification card;

3.   Their Medicare number (same as Social Security number) , or if on Medi-Cal, their Medi-Cal Card or number.

4.   Their supplemental insurance information, and policy number.

5.   A list of their medications and allergies.

6.   A complete list of doctor’s and their telephone numbers.

7.   If a Veteran, their military identification number.

8.   Location of their estate planning documents and the name and phone number of the preparing attorney.

TOP 10 QUESTIONS TO HELP YOU KNOW WHEN A ELDER LAW HELO OR A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE:

Clients in Woodland Hills often ask us whether they need conservatorship for an elderly or disabled parent, or a disabled child.    Below is a checklist we have developed to help you make the decision:

1.   Can he or she properly administer medication to himself or herself?

2.   Can he or she understand the consequence of making a medical decision?

​3.   Can he or she provide food or shelter for himself?

4.   Is he or she easily influenced by others to give away his or her money?

​5.   Are there signs that he or she cannot be safe when left alone at home?

​6.   Is he or she bathing himself or herself?

7.   Does he or she wear clean clothes or wash his or her clothes?

8.   Are there bills that are unpaid?

9.   Is he or she forgetful of recent events?

10.  Are there people who are trying to take financial advantage of him or her?

WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?​

1.   Call our attorneys at the Woodland Hills Conservatorship office at 818.340.4479 and ask for a call assessment regarding your case.

2.   Ask us to give you a Capacity Declaration to be completed by a physician.   If your loved one will not submit to a doctor’s examination, please call us.

3.   Gather a list of medications and assets of your loved one

4.   Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Woodland Hills Attorney:  Call Mina Sirkin, Woodland Hills Elder Law Attorney at 818.340.4479.  Our Woodland Hills office serves the Woodland Hills, Calabasas, West Hills, Tarzana, Reseda, Agoura, Hidden Hills, Canoga Park, Winnetka, and Westlake Village areas.  Elder Law Attorney Woodland Hills Ca. Caring for the elderly is our only business and we are very proud to serve your family in elder law.

How to Prevent Elder Abuse or Elder Financial Fraud in Woodland Hills?

On: By: admin

Woodland Hills Attorney Advises, How to Prevent Elder Abuse or Elder Financial Fraud in Woodland Hills?  Mina Sirkin, Elder Law Attorney Protects the Future of Your Estate & Finances in Woodland Hills

Protecting your financial well-being starts with making a financial management plan.   The basics of the decision to protect the assets revolve around who will manage your finances in the future, and how will the transition to financial management take place.   Knowing that at some point, children or caregivers may have access to your assets, should encourage you to decide whether family or professionals should be in charge of management of your assets.

CAREGIVERS COME AND GO:  Caregivers come and go in an elderly person’s life. The nature of the caregiving business is a changing or transient one.     Often caregivers become involved or get close to an elderly person with the knowledge that there is a rift between the elder and a child. This poses a danger to the elder as the caregiver may through the use of affection, try to alienate the elder from family members.   Caregivers who want to abuse an elderly create family rifts by creating negative and often false facts about the family.

DETERMINE TIMING OF CHANGE:   Determining the time when management of assets should be shifted to a trusted family member or a professional fiduciary is the single most important decision you will make in saving your assets from elder abuse. In your estate planning documents, you choose the standard by which the shift in the management of your your assets will happen.   For example, you may choose to have the shift, when one doctor deems you are incapacitate, or two doctors deep you incapacitated.   The standard is up to you, so you can make it very flexible.

DON’T KEEP YOUR FINANCIAL DOCUMENTS OR ESTATE PLANNING DOCUMENTS IN YOUR HOME:   Caregivers or others who want to pry into your business often want to see your estate planning documents.   The may misuse these documents to try to figure out how to change them.    Keep your documents in a safe, and only give access to to the box, to your trustee, executor, a child, or a professional fiduciary.

DON’T MARRY:   When a caregiver attempts to abuse an elderly, he or she may attempt to marry the elder.   Marriage gives the caregiver priority in a conservatorship proceeding under certain circumstances.  You should be aware and worry about getting married late in life, and protect yourself from elder financial abuse, not to mention financial ruin.

Handling financial elder abuse cases, Mina Sirkin is a probate and elder law attorney in Woodland Hills and Los Angeles.   As a Los Angeles Estate Planning lawyer, Mina Sirkin who advises the elderly, frequently writes about how to protect your estate from financial abuse, lectures on matters involving abuse of seniors and estate planning for seniors in Woodland Hills.   In Woodland Hills and Los Angeles, contact attorney Mina Sirkin at 818-340-4479 or by email: Info@SirkinLaw.com.

ESTATE PLANNING WOODLAND HILLS : ATTORNEYS LAWYERS

On: By: admin

The attorneys at Sirkin Law Group have helped Woodland Hills residents with Estate Planning since 1992.   Estate Planning is the loving act of providing for the future of your loved ones.   The plan involves creating efficient ways of passing on your assets to your loved ones.   

 

DIFFERENT PURPOSES FOR ESTATE PLANNING:

There are several ways of passing on your assets to your family.    A simple will, a living trust, joint tenancy assets, and assets which pass by beneficiary designation or by contract.

Each of the various ways of disposition of your assets impacts who and how much is left to each beneficiary.  For example, certain assets which pass by contract (such as IRA account) have tax ramifications for the recipient.   So, you should consult an attorney if you are going to take advantage of leaving assets to your love ones in an IRA or via an annuity.

Some people can benefit from a living trust by having the trust avoid probate.   Where there are significant disputes among family members, a living trust which normally would have passed without court supervision, may be brought under court supervision.  This is important especially if you want the court to review the trustee’s accounting.

Sirkin Law Elder law attorneys in Woodland Hills can assist you in providing proper advice as to which plan is best for your individual use.   Contact our Estate Planning Attorneys in Woodland Hills at 818.340.4479 or email us at Info@SirkinLaw.com.  

We are located at: 21550 Oxnard St. #300, Woodland Hills, CA 91367

ELDER LAW : WOODLAND HILLS ELDER LAW LAWYERS ATTORNEYS | SIRKIN LAW

On: By: admin

An Elder Law Attorney protects assets and the well-being of older adults. The Woodland Hills Elder Law attorneys at Sirkin Law Group have dedicated the last twenty six years to the practice of elder law and the protection of the future of our elderly residents in Woodland Hills the San Fernando Valley.   We believe that with Elder Law Planning, Conservatorships can be avoided for most of our clients with proper estate plans.


Before there is any medical emergency, we prepare our elder clients and their children by making sure they have the right documents at hand to protect them in urgent situations.  Preparation is the only thing we can teach our clients to protect them from life events and third parties.  Below you will find a list of documents you should have ready for your parents.

1.   Their Advance Health Care Directive or Durable Power of Attorney for Health Care, and a Hipaa Release;
2.   A copy of their Driver’s license or senior identification card;
3.   Their Medicare number (same as Social Security number) , or if on Medi-Cal, their Medi-Cal Card or number.
4.   Their supplemental insurance information, and policy number.
5.   A list of their medications and allergies.
6.   A complete list of doctor’s and their telephone numbers.
7.   If a Veteran, their military identification number.
8.   Location of their estate planning documents and the name and phone number of the preparing attorney.


TOP 10 QUESTIONS TO HELP YOU KNOW WHEN A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE.

Our Elder Law clients in Woodland Hills often ask us whether they need conservatorship for an elderly or disabled parent, or a disabled child.    Below is a checklist we have developed to help you make the decision:

1.   Can he or she properly administer medication to himself or herself?
2.   Can he or she understand the consequence of making a medical decision?
​3.   Can he or she provide food or shelter for himself?
4.   Is he or she easily influenced by others to give away his or her money?
​5.   Are there signs that he or she cannot be safe when left alone at home?
​6.   Is he or she bathing himself or herself?
7.   Does he or she wear clean clothes or wash his or her clothes?
8.   Are there bills that are unpaid?
9.   Is he or she forgetful of recent events?
10.  Are there people who are trying to take financial advantage of him or her?


WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?

1.   Call our office at 818.340.4479 and ask for a call assessment regarding your case.
2.   Ask us to give you a Capacity Declaration to be completed by a physician.   If your loved one will not submit to a doctor’s examination, please call us.
3.   Gather a list of medications and assets of your loved one
4.   Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Mina Sirkin, Woodland Hills Elder Law Attorney at 818.340.4479; San Fernando Valley Elder Law.  Our Woodland Hills Elder Law office serves the Woodland Hills, Calabasas, West Hills, San Fernando Valley, Tarzana, Reseda, Agoura, Hidden Hills, Canoga Park, Winnetka, and Westlake Village areas in contested elder law matters and uncontested elder law planning cases.  Elder Law Woodland Hills: Elder Law

Elder Law Office Address:  21550 Oxnard St. #300, Woodland Hills, California 91367 See our Elder Law attorney in Woodland Hills.

WOODLAND HILLS ELDER LAW | ATTORNEYS & LAWYERS | SIRKIN LAW

On: By: admin

Caring for an elderly person in Woodland Hills can be complex.   Woodland Hills elder law attorney, Mina Sirkin explains the details you need to know for a successful conservatorship case.  

What is Elder Law?  Elder Law is the area of law dedicated to providing legal services to persons above 65 years of age, which includes estate planning, creation of power of attorney documents, Advance Health Care Directives.   Woodland Hills Elder Care Law attorneys at Sirkin Law Group have dedicated the last twenty three years to preparation for the future of our elderly clients in Woodland Hills Ca.   We believe that Conservatorships can be avoided for most of our clients with proper estate plans.

Before there is any medical emergency, we prepare our Woodland Hills elder clients and their children by making sure they have the right documents at hand.   Below you will find a list of documents you should have ready for your parents.

1.   Their Advance Health Care Directive or Durable Power of Attorney for Health Care, and a Hipaa Release;

2.   A copy of their Driver’s license or senior identification card;

3.   Their Medicare number (same as Social Security number) , or if on Medi-Cal, their Medi-Cal Card or number.

4.   Their supplemental insurance information, and policy number.

5.   A list of their medications and allergies.

6.   A complete list of doctor’s and their telephone numbers.

7.   If a Veteran, their military identification number.

8.   Location of their estate planning documents and the name and phone number of the preparing attorney.

TOP 10 QUESTIONS TO HELP YOU KNOW WHEN A ELDER LAW HELO OR A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE:

Clients in Woodland Hills often ask us whether they need conservatorship for an elderly or disabled parent, or a disabled child.    Below is a checklist we have developed to help you make the decision:

1.   Can he or she properly administer medication to himself or herself?

2.   Can he or she understand the consequence of making a medical decision?

​3.   Can he or she provide food or shelter for himself?

4.   Is he or she easily influenced by others to give away his or her money?

​5.   Are there signs that he or she cannot be safe when left alone at home?

​6.   Is he or she bathing himself or herself?

7.   Does he or she wear clean clothes or wash his or her clothes?

8.   Are there bills that are unpaid?

9.   Is he or she forgetful of recent events?

10.  Are there people who are trying to take financial advantage of him or her?

WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?​

1.   Call our attorneys at the Woodland Hills Conservatorship office at 818.340.4479 and ask for a call assessment regarding your case.

2.   Ask us to give you a Capacity Declaration to be completed by a physician.   If your loved one will not submit to a doctor’s examination, please call us.

3.   Gather a list of medications and assets of your loved one

4.   Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Conservatorship Attorney:  Call Mina Sirkin, Woodland Hills Elder Law Attorney at 818.340.4479.  Our Woodland Hills office serves the Woodland Hills, Calabasas, West Hills, Tarzana, Reseda, Agoura, Hidden Hills, Canoga Park, Winnetka, and Westlake Village areas.  Elder Law Attorney Woodland Hills Ca. Caring for the elderly is our only business and we are very proud to serve your family in elder law.

WOODLAND HILLS ELDER LAW SIRKIN LAW ATTORNEY LAWYER CONSERVATORSHIP

On: By: admin

The Elder Law attorney and lawyers at Sirkin Law Group have dedicated the last 26 years to legal protection of our elder law Woodland Hills and Los Angeles estate planning clients.   We believe that Conservatorships and the need for a conservatorship petition can be avoided for most elders or seniors with the proper elder law planning tools such as estate planning.

Before there is any medical emergency, we prepare our elder clients and their children by making sure they have the right documents at hand.   Below you will find a list of documents you should have ready for your parents.

1.   Their Advance Health Care Directive or Durable Power of Attorney for Health Care, and a HIPAA Release;

2.   A copy of their Driver’s license or senior identification card;

3.   Their Medicare number (same as Social Security number) , or if on Medi-Cal, their Medi-Cal Card or number.

4.   Their supplemental insurance information, and policy number.

5.   A list of the elder’s medications and allergies.

6.   A complete list of doctor’s and their telephone numbers.

7.   If a Veteran, their military identification number.

8.   Location of their legal documents, estate planning documents and the name and phone number of the preparing attorney.

TOP 10 QUESTIONS TO HELP YOU KNOW WHEN A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE, AND IF YOU SHOULD FILE A CONSERVATORSHIP PETITION.

Clients in Woodland Hills often ask us whether they need conservatorship for an elderly or disabled parent, or a disabled child.    Below is a checklist we have developed to help you make the decision:

1.   Can he or she properly administer medication to himself or herself?

2.   Can he or she understand the consequence of making a medical decision?

​3.   Can he or she provide food or shelter for himself?

4.   Is he or she easily influenced by others to give away his or her money?

​5.   Are there signs that he or she cannot be safe when left alone at home?

​6.   Is he or she bathing himself or herself?

7.   Does he or she wear clean clothes or wash his or her clothes?

8.   Are there bills that are unpaid?

9.   Is he or she forgetful of recent events?

10.  Are there people who are trying to take financial advantage of him or her?

WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?​

1.   Call our office at 818.340.4479 and ask for a call assessment regarding your case.

2.   Ask us to give you a Capacity Declaration to be completed by a physician.   If your loved one will not submit to a doctor’s examination, please call us.

3.   Gather a list of medications and assets of your loved one

4.   Set an in-person appointment to go over the Conservatorship petitions and procedures in Los Angeles County.​

Call Attorney Mina Sirkin, Board Certified Specialist in Estate Planning and Woodland Hills Elder Law & Estate Planning Attorney at 818.340.4479.  Our Woodland Hills office serves the Woodland Hills, Calabasas, West Hills, Tarzana, Reseda, Agoura, Hidden Hills, Canoga Park, Winnetka, and Westlake Village areas.  Elder Law Attorney Woodland Hills.  Contact us at:  Info@SirkinLaw.com.  We are located at 21550 Oxnard St. #300, Woodland Hills, Ca 91367.  Woodland Hills Office: 21550 Oxnard St. #300, Woodland Hills, CA 91367.