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By planning ahead we can authorize a trusted agent to oversee our personal care during incapacity. Let’s examine the power of attorney for personal care.
“Personal care” encompasses a wide range of domestic and personal issues, including providing for our in-home care, maintaining our customary standard of living, taking care of our home and personal property, ensuring our transportation needs are met, taking care of our pets, picking up our mail, providing for our living arrangements – such as our placement into a nursing home or assisted living center – and hiring, compensating, and discharging our household and health care employees and providers.
Personal care issues involve transactions that impact our quality of life, while managing our assets affect the ability to pay for these transactions.
Most durable powers of attorney, however, are rarely drafted to deal with our personal care issues. Powers of attorney are typically drafted to address other important issues, such as our banking, government benefits, taxes, real property and investments.
Personal care issues – discussed above – are not expressly addressed in the typical durable power of attorney.
Granting the authority to make personal care decisions can be incorporated either into a broader durable power of attorney for finances or into an advanced health care, wherever more relevant.
Better yet, the authority can be placed into a separate standalone power of attorney for personal care
decisions. That way, each document can be used in the most appropriate context.
Banks, for example, will not be interested in the personal care provisions when examining a durable power of attorney for finances.
If personal care authority is incorporated into the broader durable power of attorney and advanced health care directives, then the same agent will have access to person’s financial resources necessary to pay for their personal care transactions.
This approach works well for attorney drafted durable powers of attorney, but for not the simple statutory power of attorney.
When using California’s simple one-page statutory power of attorney (and not a customized broadly drafted power of attorney), one should also consider a separate power of attorney for personal care.
The same persons can be named to act as agent under both powers of attorney. The durable power
of attorney for finances should expressly require the financial agent to pay for all transactions entered into by the agent for personal care decisions. The personal care agent must rely upon the durable power agent to pay for the personal care.
Finally, when different persons are named as agent under the advance health care directive than those who are named as agent under the power of attorney for personal care, the funeral, burial, or cremation arrangements should be left to the advance health care agent.
California law gives the health care agent priority over all other persons in regards to such arrangements.
Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at
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“We're hoping for the best for all of those in the path of Hurricane Irene and we urge residents to take this storm seriously,” said California Emergency Management Agency Acting Secretary Mike Dayton.
“California stands ready to provide assistance to our sister states as they prepare for this natural disaster,” said Dayton. “We're appreciative of the help we received in the past and are glad to provide help in their time of need.”
In anticipation of the storm's impact, several eastern states have requested assistance through the Emergency Management Assistance Compact, a congressionally ratified agreement that provides form and structure to interstate mutual aid.
Through Emergency Management Assistance Compact, Cal EMA is in discussions with New York state to deploy possibly six emergency service coordinators with experience in Emergency Operation Centers and an Incident Management Team to assist in emergency response, remaining there until the situation stabilizes.
The Incident Management Team is the Easy Bay Type 3 Incident Management Team and consists of 36 first responders from Alameda and Contra Costa counties.
Expenses for the deployment will be covered by the states requesting assistance. Cal EMA will be in constant contact with emergency management staff on the East Coast for future requests.
California has also deployed several members to form an Urban Search and Rescue Task Force. These are common requested organized by FEMA and have responded to various disasters around the world.
California Task Force members deployed to the east coast include one member from CA-TF6 (Riverside), two members from CA-TF2 (Los Angeles), three members from CA-TF8 (San Diego).
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The thieves are responsible for stealing approximately 1,000 trout from the San Joaquin Hatchery on Sunday, Aug. 21, according to the Department of Fish and Game.
On that day, sometime between 3 a.m. and 4 a.m., someone forced entry into the hatchery, stealing the trout, and killing and leaving another 70 large trout in the process, the Department of Fish and Game reported.
The state said the stolen trout weighed 3 to 4 pounds each and had been growing in the hatchery for three years.
Fish and Game wardens have collected evidence at the scene and hope to get additional information from anyone who may have seen someone trying to sell the trout.
The value of the fish and the cost to repair the damage to the hatchery elevate the crime to a felony, the agency reported.
Citizens are encouraged to be watchful for anyone attempting to sell trout on the street, outdoors markets, or markets where trout are not normally sold.
Physical descriptions, vehicle license plate numbers, time, date and locations would be extremely helpful.
The toll-free, 24-hour CalTIP hotline is 888-334-2258.
For details on the CalTIP program, visit www.dfg.ca.gov/enforcement/caltip.aspx.
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CLEARLAKE PARK, Calif. – A fire Thursday afternoon burned several acres of brush but claimed no homes as firefighters worked to quickly contain it.
The fire was reported on Crestview Drive in Clearlake Park after 2 p.m., according to radio traffic.
Lake County Fire Protection, Cal Fire and Northshore Fire responded to the blaze, reports from the scene indicated.
Witnesses reported that Cal Fire aircraft arrived and began water and retardant drops shortly before 2:30 p.m.
Lake County Fire and Cal Fire officials couldn't be reached Thursday afternoon, but Northshore Fire Assistant Chief Pat Brown, who responded to the scene along with a fire engine and water tender from his agency, said a total of eight acres was burned.
No structures were harmed, but some were initially threatened, he said.
Cal Fire – which sent six engines and two dozers – helped stop the fire at a ridge with its aircraft, Brown said.
At about 9:30 p.m., firefighters at the scene reported that, while there was some wind on the fire, the containment lines were holding well and that a day shift crew would return at 9 a.m. Friday to continue any needed work.
Radio reports indicated that firefighters remained on scene until about 10 p.m., when the incident was reported to be terminated.
The fire on Crestview Drive occurred two weeks to the day following a damaging fire along Lakeshore Boulevard in Clearlake Park that burned three homes and an outbuilding. The cause of that fire has still not been released by fire investigators.
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DAVIS, Calif. – A state assemblywoman from Davis said Thursday she will seek reelection next year, and will run for the newly drawn Assembly district that will represent Lake County beginning in 2013.
“The Citizens Redistricting Commission concluded its work on Aug. 15 after months of spirited public participation,” Assemblymember Mariko Yamada (D-Davis) said in a written statement.
“With the new maps now in place, I am announcing today that I will seek reelection in the new California Assembly District Four, which includes all or part of six counties – Colusa, Lake, Napa, Solano, Sonoma and Yolo, where I have lived for the past 16 years,” Yamada said.
Yamada, who was in Lakeport last weekend for an annual event for the local Democratic Party, said she is in her second term in the Assembly.
She said she will continue to “vigorously” serve the Eighth Assembly District, which includes parts of Solano and Yolo counties, until the end of the 2012 legislative session, when the new district lines go into effect.
“I now look forward to the honor of running to serve the residents of the newly-drawn Fourth District, by meeting, listening to and engaging with its residents and continuing my focus on agriculture, water, education, health care, public safety, veterans, and the critical issues of jobs, aging and long-term care,” she said.
Assemblyman Wes Chesbro, who currently represents Lake County in the Legislature, has indicated he will seek reelection to his third and last term next year, but as Chesbro is from Humboldt County, he will run for the new Second Assembly District.
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SACRAMENTO – California's governor has proposed a three-part California Jobs First plan that offers over $1 billion a year in tax relief for businesses that create jobs in the state.
“Boosting job growth in California is a top priority, and this proposal is a critical step in making sure the state does everything it can to support local job creation,” Gov. Jerry Brown said on Thursday.
“Our state has added 116,000 jobs since January, but we must do more to build economic momentum. This legislation would expand a currently existing job credit to make it more effective while adding new tax incentives for growth in the manufacturing sector,” he added.
The first part of the California Jobs First plan reforms and expands an underutilized tax credit for small businesses worth hundreds of millions of dollars.
To date, much of this funding has been left on the table because too many small businesses were excluded from the credit.
The governor’s plan expands eligibility to small businesses with up to 50 employees (up from 20) and the credit for each new hire will jump from $3,000 to $4,000.
These changes will encourage small businesses to hire immediately, as the credit will expire at the end of 2013.
The second part of the California Jobs First plan will give California’s economy an immediate shot in the arm by providing over $1 billion in tax relief to businesses that purchase new manufacturing equipment.
The plan exempts start-ups in their first three years from the state portion of sales tax (3.9375 percent) – and provides an exemption of 3 percent for all other firms – on manufacturing equipment purchases.
The exemptions will drive innovation, investment and growth by targeting many of California’s most dynamic industries, including manufacturing, biopharmaceuticals, clean energy and software.
The backbone of the California Jobs First plan is the application of the Mandatory Single Sales Factor (SSF) to all businesses in California.
This change levels the playing field by eliminating what Governor Brown called “an outrageous and perverse tax incentive that encourages multi-state businesses to create jobs outside of the state.”
This places California-based businesses at a competitive disadvantage and is a disincentive for out-of-state businesses to locate jobs here.
The revenues produced by closing this loophole will fund the expansion of the small business tax credits for new hires and the sales tax exemption for manufacturing equipment.
“Job creation is essential to our economic recovery and future budget stability,” said Senate Pro-Tem Darrell Steinberg. “Our tax laws should reflect that reality, rather than provide incentives for companies to increase their profits within California by investing and creating jobs outside of California.”
“Democrats in the Legislature fought hard all Spring and Summer to enact the Governor’s budget proposals to close the Single Sales Factor loophole and to generate in-state jobs – but the efforts fell short when no Republicans would step forward to support a compromise that would help California businesses,” said Speaker John A. Pérez. “It’s time to enact this common-sense plan that puts California’s economy and our jobs ahead of out-of-state tax loopholes.”
Brown’s proposal drew immediate praise from California job creators.
“As a company with several major manufacturing sites in this state, Boeing applauds the governor’s initiative to support manufacturing in California,” said Jeff Sweet, director of California Government Relations for the Boeing Co. “He understands the need for consistency and certainty to spur investment and job growth, and is seeking solutions that will help accomplish that goal.”
“The package proposed by the governor will make California more competitive with other states and provide a foundation upon which we can rebuild California's job base,” said Joe Panetta, president and chief executive officer, BIOCOM, “Governor Brown is to be commended for putting the strength of his office into these efforts.”
“The governor has shown great leadership in supporting job growth in the solar industry,” said Tom Werner, SunPower CEO. “With the kinds of policies proposed today, SunPower has expanded to more than 1000 direct jobs, including manufacturing jobs in Silicon Valley. In addition, thousands more solar jobs have been created at our dealers and partners who install the world’s highest efficiency solar systems across the state on homes, businesses, schools and power plants.”
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