What do you know about my business?

We are a wholistic Estate Planning law firm providing peace of mind to our clients by preparing them for the unexpected. Estate planning is not just for the old and the wealthy. Everyone has an estate. And if you don't do proper estate planning, the state will do it for you. It is as important to have a plan in case of incapacitation as it is in case of death. Starting at age 18, young adults and single adults need 3 very important estate planning documents in case of an emergency. We educate our clients and help them manage what they are facing on a personal level, too. We truly care about our clients.

what products do you offer?

Revocable Trusts, Irrevocable Trusts, Stand Alone Wills, Pour Over Wills, Health Care Directives, Financial Directives, Power of Attorney, Real Estate Power of Attorney, Probate, Trust Administration, Guardianship, Conservatorship, Pre and Post Nuptial Agreements, Marital Settlement Agreement Reviews, Elder Law Planning, Young Adult Peace of Mind Package, Single Adult Peace of Mind Package, Contingency Notebooks

Mo 09:00-17:00; Tu 09:00-17:00; We 09:00-17:00; Th 09:00-17:00; Fr 09:00-17:00

what is your business address?

450 S Melrose Dr, Vista, CA 92081, US

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Blog

Court Case Illustrates the Danger of Using an Online Power of Attorney Form

October 27, 2021 By The Law Office of Dana L. Green, APC

A recent court case involving a power of attorney demonstrates the problem with using online estate planning forms instead of hiring an attorney who can make sure your documents are tailored to your needs.

Mercedes Goosley owned a home in Pennsylvania. In 2013, she named one of her six children, Joseph, as her agent under a power of attorney using a boilerplate form that Joseph downloaded from the internet. Unbeknownst to Joseph, the power of attorney required Mercedes to be declared incompetent for Joseph to act as her agent.

Powers of attorney can be either immediate or springing. An “immediate” power of attorney takes effect as soon as it is signed, while a “springing” power of attorney only takes effect when the principal becomes incapacitated. The problem is that springing powers of attorney create a hurdle in order for the agent to use the document. When presented with a springing power of attorney, a financial institution will require proof that the incapacity has occurred, often in the form of a letter from a doctor.

In this case, Joseph began acting for Mercedes without getting a declaration of her incompetency. After she moved into a nursing home, Joseph listed her home for sale and accepted a purchase offer as agent for his mother under the power of attorney. At the time, Joseph’s brother, William, was living in the home, and Joseph instructed William to move out. This resulted in a dispute that ended up in court, with William arguing that Joseph did not have authority to act as his mother’s agent. A Pennsylvania appeals court eventually determined that Mercedes had intended to execute an immediate power of attorney as evidenced by the fact that Joseph had held himself out as Mercedes’ agent since 2013 and routinely conducted affairs on her behalf without Mercedes restricting or objecting to his agency.

While the court ultimately ruled in Joseph’s favor, Joseph and Mercedes could have saved time and money by consulting with an attorney before signing the power of attorney. An attorney would have been able to explain the difference between an immediate and springing power of attorney and tailor the power of attorney to Mercedes’ needs.

This case took place in Pennsylvania, but the concept is the same here in CA and elsewhere. What is important is that you talk with your attorney before creating any estate planning documents.

To read the court’s decision in the case Stecker, et al v. v. Goosley, et al (Pa. Super. Ct., No. 1266 EDA 2020, April 15, 2021), click here.

For your complimentary estate planning consultation, contact Dana Green today.

Take Time to Write: A Letter to Your Loved Ones Is An Important Part of Your Estate Plan

April 9, 2020 By The Law Office of Dana L. Green, APC

If you’re stuck inside during the COVID-19 lockdown, you might have some extra time to think about your estate plan.

One of the most important things you can include in your estate plan is a personal letter. This would be a perfect time to gather the following information and write a letter as a helpful part of your legacy.

12 Important Topics to to Include in Your Estate Plan Letter:

A list of all of your assets and the location of any assets that may not be readily accessible
All of your account information, including passwords, PIN numbers and account numbers, for any bank accounts, retirement accounts or life insurance policies.
Contact information for anyone who helps you with your finances, including attorneys, brokers, bankers and financial advisors.
Informal directions about how you would like the trustee/executor to disperse your heirlooms or other sentimental possessions.
If you’d prefer people to make donations in lieu of flowers at your funeral, information about which charities you prefer.
Where your trustee/executor can find your most recent tax returns, social security statements, birth certificate and other important documents.
Where your trustee/executor can find any real estate titles/deeds or oil and gas leases, etc.
Your Social Security number
Where your trustee/executor can find any divorce, citizenship papers, military records or applications.
Contact information for any creditors (mortgage, car, credit cards, etc…)
If you have pets that will need a home, who should your trustee/executor contact when the time comes. Include any information that your pet’s new owner would need to know (food, medications, allergies, favorite bed or toy, vet, etc…)
Words of Wisdom

Just copy this list into a document and start filling in the blanks. This letter will be an invaluable gift.

Don’t forget to make yourself a copy… keep it somewhere securely and you might even find yourself referring to it often to find contact information and important information!

What Every Parent Needs to Know Before Their Child Turns 18

May 15, 2018 By The Law Office of Dana L. Green, APC

Privacy… In this age of technology and Big Brother watching our every move, privacy is very important to us all. But did you know that some privacy laws designed to protect us can actually prevent us from helping our loved ones when they need it the most?

Adulthood… Our children can’t wait to become adults. They think that when they turn 18 (the age of majority in most states including California), they won’t need to listen to their parents, they can do as they please, and they know exactly how to lead their lives for themselves. Having had their parents to help them until this time, are these young adults truly ready to take on all that life has in store for them? Just because they turn 18 does not mean they know how to handle all of the real life issues that they have yet to ever face alone. They will continue to learn how to manage their finances, the importance of medical insurance, and what an EOB is among many other things that as children they never knew existed. They still need their parents for support and guidance as they emerge from their protective environments to face the world as adults.

HIPAA… The Health Insurance Portability and Accountability Act of 1996 was enacted in an effort to protect the privacy of patients’ medical records. Since this privacy act was not in existence until 20 years ago, most parents of children who are now young adults do not realize that this privacy law can be as much of a detriment, especially in an emergency situation, as it is a protective measure. We have all signed HIPAA releases at our doctors’ offices so that our medical records can be shared as necessary. Some parents of college students have had their children sign similar releases at college so that they could be kept in the loop regarding health, financial, and sometimes even academic matters. But did you know that the documents your children sign at the beginning of their freshman year only cover that school year?

When my son was 20 and found himself dealing with his roommate’s medical emergency, he learned that the documents the roommate had signed only covered him at the school health center. So when he had to be taken to the ER (for what turned out to be a ruptured appendix) and was rushed into emergency surgery, neither his parents nor my son were privy to any information.

Imagine how you would feel, knowing your child were in a hospital far away from home, without you by his side, and without you even being able to talk to his doctors. When my son called me from the hospital and explained the situation, he was asking for my help. He needed parental support and guidance to manage the stress of not knowing what was happening. He was scared and said that he would never want to find himself in a situation in which his family could not support and assist him just because he was no longer a minor.

It was on that day that my Young Adult Peace of Mind package was born. I assured my son that he would never find himself in that position since something I was already doing for my clients could and should be done for all young or single adults (whether never married, divorced, widowed, LGBTQ or in a long term relationship but NOT YET married).

Most of our young adults have never dealt with taxes, leases, and other financial matters that they will soon face on their own. They have always had you, as parent and advocate, during medical emergencies. While they cannot wait to be ‘free’ from the rules and expectations that we have of them as parents, they do not fully understand that with freedom comes much more responsibility than they know how to handle for themselves. Knowing that you as a parent can step in to help if the young adult is unavailable or unable to communicate is comforting and provides peace of mind to both parties.

There are three estate planning documents that every person over the age of 18 needs: An Advance Healthcare Directive, a Durable Power of Attorney and a HIPAA Authorization. By designating a trusted individual (and a backup person known as a successor) to make medical, end of life, and financial decisions on one’s behalf before an emergency or unavailability situation arises, parents will not need a court order to become their adult child’s legal guardian and peace of mind can be shared by all.

Preparing these three legal documents in advance is the key. If not done, and a terrible accident renders one’s adult child brain-dead, that adult child can no longer designate his own trusted agent. Parents will find themselves in court dealing with the financial and emotional costs and delays of that process and wishing that they had been made aware that estate planning is not just for the old and the wealthy. Everyone over the age of 18 needs at least these 3 estate planning documents.

My Young Adult Peace of Mind package makes a wonderful graduation gift! Don’t rely on a college or university’s own documents alone because they typically are only valid on campus or off campus if on a sports team.

As an Estate Planning attorney with a heart, my passion lies in educating people who are under misconceptions about what estate planning really is as well as who needs it. An estate plan is more important than a credit card, so don’t leave home without one. If you procrastinate, it may be too late to avoid probate!