TABLE OF CONTENTS

Intestate Succession Protection of Surviving Spouse Wills Estate Administration Trusts Non-Probate Techniques Wealth Transfer Taxation Disability Planning Physical Aspects of Death Client Contact

Disability Planning USEFUL CALIFORNIA FORMS Durable Power of Attorney (property management) - statutory form, found and explained in Cal. Prob. Code §§ 4400-4465 (West 2000). Durable Power of Attorney (health care) - statutory form. This is the form that is effective July 1, 2000. Cal. Prob. Code § 4701. Guardian Self Designation - the statutory form is the same as the Durable Power of Attorney for property management form. Cal. Prob. Code § 4401 (West 2000). UNIFORM CUSTODIAL TRUST ACT California has not enacted the Uniform Custodial Trust Act. HEALTH CARE SURROGATES California has enacted sections of the Uniform Health Care Decisions Act, including the section on surrogates. The relevant section is entitled Health Care Surrogates and is found in the California Probate Code, Division 4.7, Part 2, Chapter 3. A patient may designate a surrogate by personally informing the supervising health care provider. An oral designation shall be recorded in the patient's health care record and is only effective during the illness when the designation is made. Cal. Prob. Code § 4711 (West 2000). Unless the patient has informed the surrogate of health care instructions, the surrogate shall make decisions in accordance with the surrogates determination of the patient's best interest. In determining the patient's best interest, the surrogate shall take into account the patient's personal values, if known to the surrogate. Cal. Prob. Code § 4714 (West 2000). A surrogate may be disqualified at any time by a patient having capacity by a signed writing or by personally informing the supervising health care provider of the disqualification. Cal. Prob. Code § 4715 (West 2000).

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