Torii & Awakuni LLPGenkiGenki Conference:Conference:Caregiver’s EditionCaregiver’s EditionLegal Tools and Tips for Caregiv...
Torii & Awakuni LLPDo you provide care for:Do you provide care for: A spouse?A spouse? An adult child?An adult child? A...
Torii & Awakuni LLPProviding AssistanceProviding Assistance Assisting persons with “Capacity”Assisting persons with “Capa...
Torii & Awakuni LLPPresumed CapacityPresumed Capacity Prob C § 810. The Legislature finds and declares the following:Prob...
Torii & Awakuni LLPPOWERS OF ATTORNEYPOWERS OF ATTORNEYDurable Powers of Attorney for FinancialDurable Powers of Attorney ...
Torii & Awakuni LLPDurable Powers of AttorneyDurable Powers of Attorneyfor Financial Managementfor Financial Management(DP...
Torii & Awakuni LLPDPOADPOAGeneral vs. LimitedGeneral vs. Limited GENERALGENERAL Extremely Powerful!Extremely Powerful!...
Torii & Awakuni LLPGeneral vs. LimitedGeneral vs. Limited Limited (Special)Limited (Special) Specific task such as a rea...
Torii & Awakuni LLPDurableDurable DPOA effective during incapacity.DPOA effective during incapacity. DPOA will terminate...
Torii & Awakuni LLPEffective Immediately or SpringingEffective Immediately or Springing ImmediateImmediate Effective Rig...
Torii & Awakuni LLPEffective Immediately or SpringingEffective Immediately or Springing ImmediateImmediate Effective Rig...
Torii & Awakuni LLPForms of DPOAForms of DPOA Printed or Attorney DraftedPrinted or Attorney Drafted contain the date of...
Torii & Awakuni LLPPrincipal & AgentPrincipal & Agent PrincipalPrincipal Grantor of the DPOAGrantor of the DPOA Natural...
Torii & Awakuni LLPPrincipal & AgentPrincipal & Agent PrincipalPrincipal Grantor of the DPOAGrantor of the DPOA Natural...
Torii & Awakuni LLPExpress Authorization RequiredExpress Authorization Required To Make Gifts of Principal’s PropertyTo M...
Torii & Awakuni LLPIncapacity Without a DPOAIncapacity Without a DPOA ConservatorshipConservatorship Substituted Judgmen...
Torii & Awakuni LLPReview Older Powers of AttorneyReview Older Powers of Attorney Limited DurationLimited Duration No Gi...
Torii & Awakuni LLP (2006)The GoodThe Good The GoodThe Good Estate & Tax PlanningEstate & Tax Planning Medi-cal Plannin...
Torii & Awakuni LLPThe BadThe Bad The BadThe Bad Unintended Tax ConsequencesUnintended Tax Consequences Fraud!!Fraud!!...
Torii & Awakuni LLPAdvanced HealthAdvanced HealthCare DirectivesCare Directives(AHCD)(AHCD)
Torii & Awakuni LLPHealth Care Decision LawHealth Care Decision Law Advanced Health Care DirectivesAdvanced Health Care D...
Torii & Awakuni LLPDirectivesDirectives Make your health care directives knownMake your health care directives known Ter...
Torii & Awakuni LLPPOLSTPOLST
Torii & Awakuni LLPProbate Code 4609 -- CapacityProbate Code 4609 -- Capacity "Capacity" means a persons ability to"Capac...
Torii & Awakuni LLPWho determines Capacity?Who determines Capacity? Primary Physician (PC 4658)Primary Physician (PC 4658...
Torii & Awakuni LLPAgents for DPOA & ADHCAgents for DPOA & ADHC Who should be appointed?Who should be appointed? Multipl...
Torii & Awakuni LLPAgentsAgents Standard of CareStandard of Care Rights and DutiesRights and Duties Right to receive in...
Torii & Awakuni LLPAgent’s Authority May IncludeAgent’s Authority May Include Withhold consent or to direct theWithhold c...
Torii & Awakuni LLPCoordinationCoordination DPOA typically pays the billsDPOA typically pays the bills AHCD/PAHC directs...
Torii & Awakuni LLPThe GoodThe Good Low CostLow Cost PrivatePrivate Personal dignityPersonal dignity No court supervis...
Torii & Awakuni LLPThe BadThe Bad Principal must have capacity to appointPrincipal must have capacity to appoint Agent a...
Torii & Awakuni LLPRespite Care for CaregiversRespite Care for Caregivers Caregivers also need rest!Caregivers also need ...
Torii & Awakuni LLPAvoid LitigationAvoid Litigation ““For Every Good Deed – You Pay” *For Every Good Deed – You Pay” * Ju...
Torii & Awakuni LLPDisclaimerDisclaimer The information providedThe information providedis intended to be ais intended to...
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Legal Tools and Tips for Caregivers

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  • Thank you attending this evening. I must tell you all that when Karl called me he said Steve you’re a lawyer – do you believe in free speech and of course I told him that I did. He said that was good because I’d like you to speak for free to some of my good clients. So here I am. I going to take a few minutes to speak with you about durable powers of attorney for finance. Is everyone familiar with the kind of knife that I have displayed on the first slide? It’s a Swiss army type knife. You know those little gadgets that can do multiple tasks – very useful – in the right situation it could save your life. Used incorrectly it could cause you harm. The power of attorney is the same. It’s an invaluable tool in your estate plan but used improperly it could cause you harm. Most of the people that I speak to will be considering they might benefit from having a power of attorney but I’d like to ask you all to consider, as you listen to the information, how a DPAF will effect you as an agent for someone else. Each of you probably has a friend or family member that may require your assistance in the future and you might consider how this tool will help you with those tasks.
  • Thank you attending this evening. I must tell you all that when Karl called me he said Steve you’re a lawyer – do you believe in free speech and of course I told him that I did. He said that was good because I’d like you to speak for free to some of my good clients. So here I am. I going to take a few minutes to speak with you about durable powers of attorney for finance. Is everyone familiar with the kind of knife that I have displayed on the first slide? It’s a Swiss army type knife. You know those little gadgets that can do multiple tasks – very useful – in the right situation it could save your life. Used incorrectly it could cause you harm. The power of attorney is the same. It’s an invaluable tool in your estate plan but used improperly it could cause you harm. Most of the people that I speak to will be considering they might benefit from having a power of attorney but I’d like to ask you all to consider, as you listen to the information, how a DPAF will effect you as an agent for someone else. Each of you probably has a friend or family member that may require your assistance in the future and you might consider how this tool will help you with those tasks.
  • A general power of attorney gives the agent the authority to transact any all business for the principal. It is a sweeping grant of authority to do anything necessary to manage the principal’s property. In litigation it allows the agent to defend or bring suits on behalf of the principal.
  • Limited by duration like Castro in Cuba – gave powers to his brother while he is in the hospital. I have a Swiss army knife that has an orange peeler on it. It works great – the short little blade breaches the skin but not the meat of the orange a makes peeling a breeze – a very specific tool. And you can design a power of attorney for very specific purposes – such as a real estate sale.
  • Some of the older powers of attorney were not durable and some institutional powers of attorney may not be durable. They will cease to be effective when the principal does not have capacity. I think the public policy is that powers are revocable at any time and since the person without capacity can neither revoke or grant powers, the document should be invalid. But for estate planning it is very important the powers be effective when the principal loses capacity. Otherwise we’d be running to court a lot. Nobody wants to do that because of the costs.
  • Agent can act right away.
  • Problems with springing is the time that it may take to get a physician’s declaration. Some DPAF call for 2 physicians. You know all the jokes about how many opinions you get when you put two lawyers in a room – sometimes it may be difficult to get to doctors to agree.
  • Printed forms must contain specific warnings to the principal Uniform Statutory form was drafted by the California Legislature. That form has a series of powers that the principal can grant to the agent by checking boxes. I recently read an article that some title companies haven’t accepted some powers of attorney because they suspect the box checked for real estate transactions was done fraudulently. As a former bank I will tell you from personal experience that banks are notorious for not accepting powers of attorney. They want the power of attorney executed on their forms with the principal signing the document in their presence. They are protecting their clients but it can be frustrating. If you are considering medi-cal planning then I would encourage you to find a competent attorney to draft your powers of attorney. You’ll need a power of attorney that grants your agent the authority to deal with those government agencies.
  • You are appointing a person that can transact business in your place. Can run your business. Retirement accounts & Benefits. I cannot stress that this person be someone that you have great trust in. Usual souse. Some of the largest frauds in elder financial abuse involve agents operating under a power of attorney. They may have obtained it through undue influence or they held a position of trust. If you have elderly friends or relatives that live alone, check with the regularly about how they are handling their finances. (Asians don’t want to talk about it) Abuse needs to be reported quickly to recover assets. You may also appoint more that one agent. They can be appointed in succession or may be appointed to work together. I have had clients tell me that they felt they should appoint the oldest child or sibling first – they didn’t want any hard feelings or that they should appoint all of their children to work together. Remember you want to appoint the person or persons that you think will do the best job for you. If you appoint multiple agents you want people that will work together. Otherwise you may be creating a problem that may end up in court. I’m currently in the appellate court on such a case. The cost /large part of estate
  • Authority to make gifts must be expressly stated in a power of attorney. The principal may limit the amount of gifts to the annual gift tax exclusion amount or to a limited class of individuals. Gifts may be made to shift assets between spouses for public benefits planning ( such as medi-cal. Need to seek advice on the ineligibility period arising from assets transfers. Trust powers must be express in a power of attorney and must also be contained in the trust document. With all gifting there may be tax implication both for the principal and the agent. Agent in taxes on unauthorized gifts and potential of general power of appointment inclusion in agents estate at death. For principal medi-cal ineligibility, gift and estate taxes.
  • Substituted judgment is a court procedure to shift assets of an incapacitated individual. Sometimes can be used to setup special needs trusts for individual or it may be to make gifts to qualify for government assistance. Without this procedure the individuals assets will be used to provide care until the individual is impoverished and can qualify to government assistance such as medi-cal. A procedure that wouldn’t be necessary with a well drafted power of attorney.
  • Older powers of attorneys had a limited duration (7 years). Older powers of attorney did not allow for estate planning. Assets could only be used for the principal and no gifts to the agent. If you have an older power of attorney you should read it to be sure that it will accomplish your wishes.
  • Very powerful tool. In the estate planning context it can be a great tools to save on estate taxes. In Medi-cal planning in is an invaluable help for qualification and to avoid recovery by the state. With the changes that have been mandated by the Deficit Reduction Act of 2006, if you are considering medi-cal planning it is a tool that you should have and you need to pay great attention to the gifting language and the level of restrictions that you place in your power of attorney. But need by everyone. Everyone thinks in terms of the elder but it may be the parents that need a power of attorney to manage the estate of an incapacitated child.
  • Depending on the level of gifting authority that you grant to your agent it may be considered a general power of appointment and may cause some unintended tax consequences to your agent. So be sure that you speak with your tax professionals as you design you power of attorney. Fraud: Elder financial abuse is growing. Many of the frauds that have taken place have been by agents operating under a power of attorney. There are individuals that troll nursing home befriending seniors and getting them to sign powers of attorney. They look for individual that aren’t getting visitors and may still have some assets – one of the largest assets and a big target is the home – because the bad guys that the home is exempt asset in the medi-cal eligibility. In my practice I do visit clients in nursing homes. And I going to give a plug to Keiro. You don’t see many institutions with such a good atmosphere. The staff and volunteers really make it a home. There is a special requirement that an ombudsman must witness the execution of a AHCD for a patient – I think we need to have that same requirement for DPAF for nursing home residents. Remember in the right circumstances the Swiss army knife like the DPAF may be life saver but used incorrectly it may cause you harm
  • Thank you attending this evening. I must tell you all that when Karl called me he said Steve you’re a lawyer – do you believe in free speech and of course I told him that I did. He said that was good because I’d like you to speak for free to some of my good clients. So here I am. I going to take a few minutes to speak with you about durable powers of attorney for finance. Is everyone familiar with the kind of knife that I have displayed on the first slide? It’s a Swiss army type knife. You know those little gadgets that can do multiple tasks – very useful – in the right situation it could save your life. Used incorrectly it could cause you harm. The power of attorney is the same. It’s an invaluable tool in your estate plan but used improperly it could cause you harm. Most of the people that I speak to will be considering they might benefit from having a power of attorney but I’d like to ask you all to consider, as you listen to the information, how a DPAF will effect you as an agent for someone else. Each of you probably has a friend or family member that may require your assistance in the future and you might consider how this tool will help you with those tasks.
  • Legal Tools and Tips for Caregivers

    1. 1. Torii & Awakuni LLPGenkiGenki Conference:Conference:Caregiver’s EditionCaregiver’s EditionLegal Tools and Tips for CaregiversLegal Tools and Tips for CaregiversGardena Valley Baptist ChurchGardena Valley Baptist ChurchJune 8, 2013June 8, 2013
    2. 2. Torii & Awakuni LLPDo you provide care for:Do you provide care for: A spouse?A spouse? An adult child?An adult child? An adult developmentally disabled child?An adult developmentally disabled child? An adult relative?An adult relative? A adult non-relative?A adult non-relative? A domestic partner?A domestic partner?
    3. 3. Torii & Awakuni LLPProviding AssistanceProviding Assistance Assisting persons with “Capacity”Assisting persons with “Capacity” Acting as Agent or Attorney-in-FactActing as Agent or Attorney-in-Fact Assisting persons without “Capacity”Assisting persons without “Capacity” Court Appointed ConservatorCourt Appointed Conservator Durable PowersDurable Powers
    4. 4. Torii & Awakuni LLPPresumed CapacityPresumed Capacity Prob C § 810. The Legislature finds and declares the following:Prob C § 810. The Legislature finds and declares the following: (a) For purposes of this part, there shall exist a rebuttable(a) For purposes of this part, there shall exist a rebuttablepresumption affecting the burden of proof that all persons have thepresumption affecting the burden of proof that all persons have thecapacity to make decisions and to be responsible for their acts orcapacity to make decisions and to be responsible for their acts ordecisions.decisions. (b) A person who has a mental or physical disorder may still be(b) A person who has a mental or physical disorder may still becapable of contracting, conveying, marrying, making medicalcapable of contracting, conveying, marrying, making medicaldecisions, executing wills or trusts, and performing other actions.decisions, executing wills or trusts, and performing other actions. (c) A judicial determination that a person is totally without(c) A judicial determination that a person is totally withoutunderstanding, or is of unsound mind, or suffers from one or moreunderstanding, or is of unsound mind, or suffers from one or moremental deficits so substantial that, under the circumstances, themental deficits so substantial that, under the circumstances, theperson should be deemed to lack the legal capacity to perform aperson should be deemed to lack the legal capacity to perform aspecific act, should be based on evidence of a deficit in one or morespecific act, should be based on evidence of a deficit in one or moreof the person’s mental functions rather than on a diagnosis of aof the person’s mental functions rather than on a diagnosis of aperson’s mental or physical disorder. [Amended by Stats. 1998, Ch.person’s mental or physical disorder. [Amended by Stats. 1998, Ch.581, Sec. 19. Effective January 1, 1999]581, Sec. 19. Effective January 1, 1999]
    5. 5. Torii & Awakuni LLPPOWERS OF ATTORNEYPOWERS OF ATTORNEYDurable Powers of Attorney for FinancialDurable Powers of Attorney for FinancialManagement (DPOA)Management (DPOA)California Uniform Statutory Form Power of AttorneyCalifornia Uniform Statutory Form Power of AttorneyAdvance Health Care Directives (AHCD)Advance Health Care Directives (AHCD)Powers of Attorney for Health Care (PAHC)Powers of Attorney for Health Care (PAHC)
    6. 6. Torii & Awakuni LLPDurable Powers of AttorneyDurable Powers of Attorneyfor Financial Managementfor Financial Management(DPOA)(DPOA)
    7. 7. Torii & Awakuni LLPDPOADPOAGeneral vs. LimitedGeneral vs. Limited GENERALGENERAL Extremely Powerful!Extremely Powerful! Broad ScopeBroad Scope LitigationLitigation Real EstateReal Estate Tax MattersTax Matters BankingBanking Insurance & Annuity TransactionsInsurance & Annuity Transactions Business TransactionsBusiness Transactions Estate Planning / Gifting (Express)Estate Planning / Gifting (Express) Medi-cal Planning (Express)Medi-cal Planning (Express)
    8. 8. Torii & Awakuni LLPGeneral vs. LimitedGeneral vs. Limited Limited (Special)Limited (Special) Specific task such as a real estate saleSpecific task such as a real estate sale Limited by durationLimited by duration
    9. 9. Torii & Awakuni LLPDurableDurable DPOA effective during incapacity.DPOA effective during incapacity. DPOA will terminate at the death of theDPOA will terminate at the death of theprincipal.principal. Principal (w/ capacity) can terminate thePrincipal (w/ capacity) can terminate theDPOA at any time.DPOA at any time.
    10. 10. Torii & Awakuni LLPEffective Immediately or SpringingEffective Immediately or Springing ImmediateImmediate Effective Right Now!Effective Right Now!
    11. 11. Torii & Awakuni LLPEffective Immediately or SpringingEffective Immediately or Springing ImmediateImmediate Effective Right Now!Effective Right Now! SpringingSpringing Triggering EventTriggering Event IllnessIllness AccidentAccident Physician declarationPhysician declaration
    12. 12. Torii & Awakuni LLPForms of DPOAForms of DPOA Printed or Attorney DraftedPrinted or Attorney Drafted contain the date of its execution;contain the date of its execution; be in writing and be signed by the principal orbe in writing and be signed by the principal orin the principals presence and at thein the principals presence and at theprincipals direction; andprincipals direction; and be either acknowledged before a notary publicbe either acknowledged before a notary publicor signed by at least two witnesses whoor signed by at least two witnesses whosatisfy the requirements of the Probate Code.satisfy the requirements of the Probate Code. Uniform Statutory Power of AttorneyUniform Statutory Power of Attorney(Financial Management) Prob C § 4401(Financial Management) Prob C § 4401
    13. 13. Torii & Awakuni LLPPrincipal & AgentPrincipal & Agent PrincipalPrincipal Grantor of the DPOAGrantor of the DPOA Natural Person – Capacity to contractNatural Person – Capacity to contract
    14. 14. Torii & Awakuni LLPPrincipal & AgentPrincipal & Agent PrincipalPrincipal Grantor of the DPOAGrantor of the DPOA Natural Person – Capacity to contractNatural Person – Capacity to contract Agent (attorney-in-fact)Agent (attorney-in-fact) Person with capacity to contractPerson with capacity to contract Corporation, organization or other legal personCorporation, organization or other legal person Operates as the surrogate of the principleOperates as the surrogate of the principle TrustworthyTrustworthy May appoint multiple agentsMay appoint multiple agents Operate together / separatelyOperate together / separately
    15. 15. Torii & Awakuni LLPExpress Authorization RequiredExpress Authorization Required To Make Gifts of Principal’s PropertyTo Make Gifts of Principal’s Property Create Modify or Revoke a TrustCreate Modify or Revoke a Trust Exercise a DisclaimerExercise a Disclaimer Create or Change Survivorship Interest inCreate or Change Survivorship Interest inPrincipal’s PropertyPrincipal’s Property Designate or Change the Designation ofDesignate or Change the Designation ofBeneficiaries to Receive Property, BenefitBeneficiaries to Receive Property, Benefitor Rightor Right Make a Loan to the Attorney-in- FactMake a Loan to the Attorney-in- Fact
    16. 16. Torii & Awakuni LLPIncapacity Without a DPOAIncapacity Without a DPOA ConservatorshipConservatorship Substituted JudgmentSubstituted Judgment
    17. 17. Torii & Awakuni LLPReview Older Powers of AttorneyReview Older Powers of Attorney Limited DurationLimited Duration No Gifting ProvisionsNo Gifting Provisions Estate Planning ProvisionsEstate Planning Provisions
    18. 18. Torii & Awakuni LLP (2006)The GoodThe Good The GoodThe Good Estate & Tax PlanningEstate & Tax Planning Medi-cal PlanningMedi-cal Planning Agent is ready to act for the principal withoutAgent is ready to act for the principal withoutthe expense and time delay of court action.the expense and time delay of court action. PrivatePrivate Low costLow cost No formal transfer of assetsNo formal transfer of assets
    19. 19. Torii & Awakuni LLPThe BadThe Bad The BadThe Bad Unintended Tax ConsequencesUnintended Tax Consequences Fraud!!Fraud!! Financial Abuse ( Elder Financial Abuse )Financial Abuse ( Elder Financial Abuse ) Not court supervisedNot court supervised No accounting requiredNo accounting required Third Party Acceptance – i.e. BanksThird Party Acceptance – i.e. Banks
    20. 20. Torii & Awakuni LLPAdvanced HealthAdvanced HealthCare DirectivesCare Directives(AHCD)(AHCD)
    21. 21. Torii & Awakuni LLPHealth Care Decision LawHealth Care Decision Law Advanced Health Care DirectivesAdvanced Health Care Directives Statutory Form (fill-in-the blanks)Statutory Form (fill-in-the blanks) http://ag.ca.gov/consumers/pdf/AHCDS1.pdfhttp://ag.ca.gov/consumers/pdf/AHCDS1.pdf California Medical AssociationCalifornia Medical Association California Hospital Association + wallet cardCalifornia Hospital Association + wallet card http://www.calhealth.org/public/pubs/frmspstrs.htmlhttp://www.calhealth.org/public/pubs/frmspstrs.html Institute for Healthcare AdvancementInstitute for Healthcare Advancement http://www.iha4health.org/http://www.iha4health.org/ Attorney DraftedAttorney Drafted Adults with capacity may make an oral or written direction for futureAdults with capacity may make an oral or written direction for futurehealth care decisions.health care decisions. Appoint an Agent under a Power of Attorney for Health CareAppoint an Agent under a Power of Attorney for Health Care(PAHC) – can be durable.(PAHC) – can be durable. POLST – Physician Order for Life Sustaining treatmentPOLST – Physician Order for Life Sustaining treatment
    22. 22. Torii & Awakuni LLPDirectivesDirectives Make your health care directives knownMake your health care directives known Terri Schiavo – Coma at 26 years old!Terri Schiavo – Coma at 26 years old!
    23. 23. Torii & Awakuni LLPPOLSTPOLST
    24. 24. Torii & Awakuni LLPProbate Code 4609 -- CapacityProbate Code 4609 -- Capacity "Capacity" means a persons ability to"Capacity" means a persons ability tounderstand the nature and consequencesunderstand the nature and consequencesof a decision and to make andof a decision and to make andcommunicate a decision, and includes incommunicate a decision, and includes inthe case of proposed health care, thethe case of proposed health care, theability to understand its significantability to understand its significantbenefits, risks, and alternatives.benefits, risks, and alternatives.
    25. 25. Torii & Awakuni LLPWho determines Capacity?Who determines Capacity? Primary Physician (PC 4658)Primary Physician (PC 4658) Draft alternatives to primary physician!Draft alternatives to primary physician! Court determination (PC 4766)Court determination (PC 4766)
    26. 26. Torii & Awakuni LLPAgents for DPOA & ADHCAgents for DPOA & ADHC Who should be appointed?Who should be appointed? Multiple agentsMultiple agents Single agent with advisorsSingle agent with advisors Successor agentsSuccessor agents Professional FiduciariesProfessional Fiduciaries
    27. 27. Torii & Awakuni LLPAgentsAgents Standard of CareStandard of Care Rights and DutiesRights and Duties Right to receive information (HIPPA)Right to receive information (HIPPA) Right to compensationRight to compensation
    28. 28. Torii & Awakuni LLPAgent’s Authority May IncludeAgent’s Authority May Include Withhold consent or to direct theWithhold consent or to direct thewithdrawal of any form of medicalwithdrawal of any form of medicaltreatment, "to permit the natural processtreatment, "to permit the natural processof dying"of dying" Artificial nutrition and hydrationArtificial nutrition and hydration Disposition of remainsDisposition of remains Authorize an autopsyAuthorize an autopsy Anatomical giftsAnatomical gifts
    29. 29. Torii & Awakuni LLPCoordinationCoordination DPOA typically pays the billsDPOA typically pays the bills AHCD/PAHC directs the medical careAHCD/PAHC directs the medical careSometimes there is a conflict between theSometimes there is a conflict between thetwo positions. It is important to delineatetwo positions. It is important to delineateduties of each agent and to coordinateduties of each agent and to coordinatetheir efforts for the benefit of the principal.their efforts for the benefit of the principal.
    30. 30. Torii & Awakuni LLPThe GoodThe Good Low CostLow Cost PrivatePrivate Personal dignityPersonal dignity No court supervisionNo court supervision Principal selects agent (s)Principal selects agent (s) Personal care authorityPersonal care authority Promotes discussion of family values andPromotes discussion of family values andend-of-life decision makingend-of-life decision making
    31. 31. Torii & Awakuni LLPThe BadThe Bad Principal must have capacity to appointPrincipal must have capacity to appoint Agent abuseAgent abuse Won’t follow principal’s directivesWon’t follow principal’s directives Visitation issuesVisitation issues
    32. 32. Torii & Awakuni LLPRespite Care for CaregiversRespite Care for Caregivers Caregivers also need rest!Caregivers also need rest! In Home Supportive Service – IHSSIn Home Supportive Service – IHSS California Department of Social ServicesCalifornia Department of Social Services
    33. 33. Torii & Awakuni LLPAvoid LitigationAvoid Litigation ““For Every Good Deed – You Pay” *For Every Good Deed – You Pay” * Judge ofJudge ofthe Los Angeles Superior Courtthe Los Angeles Superior Court Care ContractsCare Contracts Keep Records! Keep Records!Keep Records! Keep Records! If advancing funds – keep all receiptsIf advancing funds – keep all receipts Do not comingle funds!Do not comingle funds! Work with tax professionalsWork with tax professionals Keep family members informed –Keep family members informed – Family CounselFamily Counsel
    34. 34. Torii & Awakuni LLPDisclaimerDisclaimer The information providedThe information providedis intended to be ais intended to be ageneral discussion ofgeneral discussion ofPowers of Attorney Law.Powers of Attorney Law.No attorney-clientNo attorney-clientrelationship has beenrelationship has beenestablished.established. You are encouraged toYou are encouraged toseek legal assistanceseek legal assistancebefore executing anybefore executing anypower of attorney.power of attorney. Steven I. AwakuniSteven I. Awakuni Law Offices ofLaw Offices ofTorii & Awakuni LLPTorii & Awakuni LLP406 Amapola Avenue406 Amapola AvenueSuite 125Suite 125Torrance, CA 90501Torrance, CA 90501Tel. 310-320-5450Tel. 310-320-5450Email: sia@jtsalaw.comEmail: sia@jtsalaw.com

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