Senior Resource Directory Senior Resource Directory

LEGAL
for $125.00 through the Lawyer
Referral Ser vice.
Another possibility might be a
Ho lo graph ic Will, a term used to
describe a handwritten Will. No
part of the document can be typed.
It is important to state that the
doc u ment is intended as a Will and
is properly dated and signed. It
does not require a lawyer or to be
witnessed, though witnesses may
be advisable if there is a question
of competency.
The Holographic Will can super
sede any printed Will as long
as it has been executed correctly.
It is wise to have a Holographic
Will reviewed by an attorney if you
are not entirely confi dent that you
have followed a legal format. Very
often Holographic Wills are not
executed correctly and the consequence
is that it may be de ter -
mined to be invalid. In an effort to
provide a simple means of prepar
ing a Will without the help of
an attorney, the State of Cal i for nia
de vel oped the “California Statutory
Will.” It in cludes all the necessary
language required and its use
can avoid many of the pitfalls of a
Ho lo graph ic Will. The “California
Stat u to ry Will” can be obtained
from most sta tio nery stores or the
California State Bar Association.
Be sure to tell your Executor (the
person you name to carry out your
Will) where the original Will is
kept and give him or her a copy.
How to Maintain
Con trol Over
Your Affairs
Planning for Incapacity
People are used to planning for
death. They are familiar with
traditional estate planning which
involves counseling and planning
for the disposition of their estate
making sure that their property
goes to the people they want it to
go to. They usually try to minimize
the taxes and other expenses that
will have to be paid at death.
But too few people plan for disabil
i ty or incapacity during their
lifetime.
The consequence of failing to plan
is often the loss of control over
who will make decisions and how
those decisions will be made.
Why Plan?
• To allow fi nancial and health
care decisions to be made
without the need for court intervention
or con ser va tor ship
proceedings.
• To ease the fi nancial and emotion
al burden on spouse or
other family members.
• To have control over who
makes your decisions and how
they are made.
• To protect the fi nancial resourc
es of spouse and family if
nursing home care required.
What Can Be Done To Plan for
Health Care?
An Advance Health Care Directive
(since July 1, 2000) and its pre de -
ces sor, a Durable Power of Attorney
for Health Care, enable an
individual to give another person
legal authority to make medical
decisions in the event of incapacity.
They also allow one the ability to
specify how he or she wants these
decisions to be made. Since July 1,
2000, one can specify instructions
for prolonging or not prolonging
life even if one does not want to
appoint an agent. A person must
be legally com pe tent when executing
these documents; however,
they will remain in effect throughout
a person’s mental or physical
im pair ments.
The new law on the Advance
Health Care Directive governs the
new forms and the old forms (the
Durable Power of Attorney for
Health Care). Durable Powers of
68 2005-2007 SANTA BARBARA COUNTY SENIOR RESOURCE DIRECTORY
Attorney for Health Care executed
before January 1, 1992, have expired.
It is rec om mend ed that you
execute a new Advance Health Care
Directive. It is wise to review these
documents yearly and to execute
new forms whenever a change in
your agent needs to be made.
FREE copies of the Advance Health
Care Directive are available at the:
Area Agency on Aging
Santa Barbara
965-3288
Santa Maria
925-9554
To register the Advance Health
Care Directive or Durable Power
of At tor ney for Health Care, mail
to:
Secretary of State
1500 11th St.
Sacramento, CA 95814
Conservatorship of the Person
Conservatorship of the person is a
public legal pro cess for as sum ing
control over an incapacitated
in di vid u al’s personal affairs. The
conservator is responsible for making
sure the conservatee is properly
fed, clothed, and housed. The
Con ser va tor ship is usually the last
alternative considered, but may be
necessary if the person is already
unable to manage his/her own
affairs. A court hearing is required
before a con ser va tor can be appoint
ed. Legal expenses are high.
Well drafted and current Advance
Health Care Directives and Durable
Powers can avoid the need for
a conservatorship in most cases,
if it was executed when there was
com pe ten cy.
Santa Barbara County Public
Guard ian
P.O. Box 2517
Santa Barbara, CA 93120
568-2790
Fax 568-2487
North County offi ce
346-8337