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A person’s incapacity to manage their own financial, property, legal and health care decisions often authorizes the following persons, as relevant, to act in a representative capacity: The successor trustee, and agents under powers of attorney for finances, property and legal affairs and advance health care directives.
Estate planning allows a person the opportunity to say both “who steps in” upon their incapacity and also “how” and “who” decides that they are incapacitated.
Estate planning documents often define the term incapacity based on a person’s legal disability or health condition. Legal disabilities (prohibitions) include a conservatorship or minority (underage).
The following mental and/or physical health conditions (inabilities) often determine incapacity: Inability to provide properly for one’s own needs for physical health, food, clothing or shelter; or inability to manage substantially one’s own financial resources, or resist fraud or undue influence.
Who decides when a person is incapacitated for purposes of implementing transfers of authority?
Oftentimes a so-called, “certificate(s) of incapacity” issued by either one or two physicians (independent of each other) is used.
Sometimes, the decision can also involve a close relative, friend or even committee executing one or more declarations stating the facts supporting and the determination of incapacity.
Such certificates have to say that the incapacity standard used in the estate planning document has been satisfied to be legally effective.
During the COVID-19 Pandemic the difficulty to see a physician often delayed transferring an incapacitated person’s authority to the person’s successor trustee or activating the incapacitated person’s power of attorney or health care directive.
Once the appropriate certificates of incapacity are obtained, next is implementation. With a trust, a successor trustee will need to sign a declaration of successor trustee.
The declaration states the incapacity standard, the factual basis why it is met, and incorporates the certificates of incapacity as attachments.
With powers of attorney and advanced health care directives, the incapacity certificates are simply attached when providing the document to a third party (e.g., a bank). That is, these documents are only effective with the certificates attached without any additional declaration by the agent.
Executing a living trust, powers of attorney and advance health care directives while one still has capacity can help to avoid a conservatorship, based on the standards of incapacity provided in the probate code, at a later date.
Like a probate of a decedent’s estate, a conservatorship of an incapacitated person is a time consuming and expensive court proceeding.
It can involve litigation among family members over whether the conservatorship is necessary, and if so, who is to be appointed conservator and what powers the conservator is granted over the conservatee’s person (i.e., custody and health care) and/or estate (property, finances and legal affairs).
The foregoing is not legal advice. Consult an attorney if confronting any of these issues.
Dennis A. Fordham, attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, California. He can be reached at
NASA is finally headed back to Venus. On June 2, 2021, NASA Administrator Bill Nelson announced that the agency had selected two winners of its latest Discovery class spacecraft mission competition, and both are headed to the second planet from the Sun.
I’m a planetary scientist and a self-confessed Venus evangelist, and here’s why I’m so excited that humanity is going back to Venus.
This is the first time since the Magellan mission in 1989 that NASA has committed to sending spacecraft to study the shrouded planet just next door. With the data these two Venus missions – called VERITAS and DAVINCI+ – will collect, planetary scientists can start tackling one of the biggest mysteries in the solar system: Why is Venus, a planet almost the same size, density and age of Earth, so very different from the world humanity calls home?
An Earth gone wrong?
Venus is a rocky planet about the same size as Earth, but despite these similarities, it is a brutal place. Although only a little closer to the Sun than Earth, a runaway greenhouse effect means that it’s extremely hot at the surface – about 870 F (465 C), roughly the temperature of a self-cleaning oven. The pressure at the surface is a crushing 90 times the pressure at sea level on Earth. And to top it off, there are sulfuric acid clouds covering the entire planet that corrode anything passing through them.
But perhaps the most fascinating aspect of Venus is that it may have once looked a lot like Earth. Recent climate models suggest that in the past the planet could have had liquid water oceans and a mild climate. It may have been habitable for as long as 3 billion years before succumbing to some sort of climate catastrophe that triggered the runaway greenhouse. The goal of these two new missions to Venus is to try to determine if Venus really was Earth’s twin, why it changed and whether, in general, large rocky planets become habitable oases like Earth… or scorched wastelands like Venus.
Fresh eyes on Venus
What might come as a surprise is that in the 1960s and 1970s Venus was the central focus of space exploration like Mars is today. The U.S. and Soviet Union sent more than 30 spacecraft in total to the second planet from the Sun. But since 1989, only two missions have gone to Venus, and both were focused on studying the atmosphere – the European Space Agency’s Venus Express and Japan’s Akatsuki.
In contrast, the VERITAS and DAVINCI+ missions will take a holistic view by exploring the geological and climatological history of Venus as a whole, in two very different but complementary ways.
The thick, global layer of sulfuric acid clouds covering Venus make it almost impossible to see the surface with normal cameras. That’s why the VERITAS orbiter – short for “Venus Emissivity, Radio Science, InSAR, Topography, and Spectroscopy” – will carry a powerful radar system. This radar can peer through the clouds and gather images and topographic data up to 10 times higher-resolution than any previous mission to Venus. This will allow scientists to look for clues about Venus’ earlier climate that may be preserved in rock formations on the surface and might also answer whether the planet is geologically active today. And, finally, this exciting mission will use a special, infrared camera to peer through the atmosphere at very specific wavelengths to take the first global measurements of what Venus’ rocks are made of – something scientists know very little about.
VERITAS’ stablemate is DAVINCI+, or “Deep Atmosphere Venus Investigation of Noble gases, Chemistry and Imaging.” The DAVINCI+ mission also involves an orbiter, but the real star of the show will be the meter-wide atmospheric probe. The probe will drop into Venus’ atmosphere and free-fall through the thick clouds for about an hour before reaching the surface.
On the way down, it will take samples of the atmosphere, specifically measuring a variety of gases including argon, krypton and xenon. Different climate histories for Venus would lead to different ratios of these noble gases in the atmosphere – and so by analyzing these ratios, scientists will be able to work out how much water the planet formed with, and even how much water it has lost over the past 4.5 billion years.
But that’s not all the probe will do. Just before impacting crash landing into an area called Alpha Regio that has some of the oldest rocks on the planet, the probe will take infrared images of the surface as it comes into view through the gloom of the lower atmosphere. Those images will be the first ever taken from above the surface but below the cloud deck, showing planetary scientists Venus as never before.
Now is the time to go back to Venus
I have argued before for returning to Venus, so to say I’m enthusiastic about these missions is an understatement. Venus may hold the key to understanding the past – and possibly the future – of Earth. As astronomers discover more and more Earth-size worlds around other stars, they need to understand whether the outcome we see on Earth – blue skies, water oceans and even a thriving biosphere – is the norm, or if the hellish, barren wastelands of Venus are the rule.
[Over 100,000 readers rely on The Conversation’s newsletter to understand the world. Sign up today.]
Several decades of sustained Mars exploration have shown that each mission answers earlier questions and also raises new ones. I don’t know what surprises VERITAS and DAVINCI+, scheduled to launch in the late 2020s, will uncover at Venus, but I do know they’ll discover aspects of the planet that no one had ever imagined. Scientists and mission teams across the world have worked hard to realize a “Decade of Venus,” and it’s starting to pay off. In fact, only a week after NASA’s announcement, the European Space Agency declared its plans for a Venus mission, too. With these new missions, it’s my guess – my hope – that we’re at the start of a new, golden age of Venus exploration.
Paul K. Byrne, Associate Professor of Planetary Science, North Carolina State University
This article is republished from The Conversation under a Creative Commons license. Read the original article.
MIDDLETOWN, Calif. — With the theme of “Breaking Out,” Middletown Days returned last weekend amid much community spirit, perhaps in part because last year’s festivities had to be skipped due to the pandemic.
Last year was the first time in its 60-year history that Middletown Days wasn’t held.
Traditionally celebrated each Father’s Day weekend, Middletown Days includes multiple rodeo competitions, a parade, dance and other activities scheduled from Friday evening through Sunday afternoon.
The event was first held in 1961 and the moneys raised fund the maintenance and upkeep of Middletown Central Park and its rodeo arena.
This year marks the first time that the event will be extended over three weekends, rather than just one.
The junior rodeo, usually held on Father’s Day, will take place instead this weekend, June 26 and 27, and the Middletown Days Queen and Princess competition was held on June 12 and 13.
This year’s Middletown Days festivities kicked off with the “Saddle & Spurs” team roping competition on Friday evening.
Saturday morning opened with a traditional parade, with people thronged on both sides of Highway 29 in Middletown from Perry’s Deli at the south end of town to Hardester’s Market in the north.
This year 54 entries were included, a strong showing representing more participation than the parades of the last several years.
Middletown Days Queen Emalee Pickens and Princess Rylie Slaight led the parade with their royal court of 11 girls, some as young as age 6, all riding horses decorated with ribbons and glitter.
These girls went through an extensive competitive process the prior weekend that included horsemanship and public speaking and spent months before that in practice and preparation.
The grand marshal for this year’s parade was Hope City, chosen for their work helping rebuild homes for Valley fire survivors.
Gehlen Palmer, longtime Middletown librarian (now retired), was honored with the Pioneer Award for his tireless work to secure a new senior center and library complex in Middletown.
The parade included a poignant tribute to Middletown business owner, pack mule enthusiast and avid Middletown Central Park Association volunteer, Wayne Jackson, who died in 2019. Jackson’s hat, saddle and boots were carried on muleback in his memory along the parade route.
Post parade activities in Central Park included a barbecue lunch, vendors, entertainment, kids’ activities, and cowboy team races.
Some new events made their debut on Saturday afternoon — a cutest cowboy and cowgirl contest for children five and under, line dancing lessons, a cornhole tournament and cow chip bingo.
The evening ended with an outdoor dance with music provided by Breaker One 9, a local band led by Middletown High School graduate Tony Zagajowski. Zagajowski also opened the parade with his solo singing of The Star-Spangled Banner.
On Sunday morning, an outdoor Father’s Day breakfast was held thanks to the Middletown Lioness Club, and vendors, entertainment and children’s activities continued.
The Bloody Mary Horseshoe Tourney took place on Sunday (so dubbed because the Middletown Lions Club donates a bloody Mary cocktail to each participant), as did the gymkhana event, a variety of timed competitions done on horseback which has been part of Middletown Days for 59 years.
Event organizers especially wish to thank the community for their support, as well as the many volunteers who made Middletown Days happen. The turnout was beyond expectation.
Tucker Chorjel, parade organizer, perhaps said it best: “It was great to see so much of the community come out. Through the whole weekend everyone was happy and excited, especially after being in lockdown for more than a year. It’s as though the community was saying, ‘We’re still here, we’re still strong, we still support each other, let’s have a great weekend.’”
Winners of many of the various events are listed below.
Parade
Koontz Mercantile, small commercial
Twin Pines Casino, large commercial
Lake County Theater Company, organization
Scouts of Middletown Troop 315, youth group
Lake County Jazzercise, marching band or group
Rhett McMahon, fireman entry
Renyonds family, senior comic
Hicks family, classic car
Lake County Pride, decorated car
Griffin Mobile Repair, decorated mini go-cart
Weston Wright, decorated ATV
Ken Gonzales, farm equipment
West Gate, most unusual
Los Vaqueros de Pope Valley, mounted group
Lonnie Sloan, California Horsemen’s Association
The overall sweepstakes award went to the Renyonds family for their “Covid car” with a masked grill.
Team Roping
Jacob Slaight, saddle winner, 2 and under
Donny Boydston, second place
Jace Hower, third place
Mark Luchetti, saddle winner, 3 and over
Doug Parker, second place
Cowboy team races
Junior division:
Triple Threat Team — Stella Aleman, Braelynn Munk, Jadyn Owens, 1st place
Lead Mares Team — Rylie Slaight, Kailey Snell, Lynzi Snell, 2nd place
Senior division:
The Chicks Team — Emalee Pickens, Brookelynn Nigro, Sofi Evans, 1st place
Goal Diggers Team — Tamara Slaight, Shelby Myers, Alisha Mackey, 2nd place
Hide race
Buck Menzio
Greg Pachie
Horseshoes
Ed Peterson and Dustin Peterson, father and son
Cow chip BINGO
Krissy Tighe
Royal Court
Emalee Pickens, Queen
Rylie Slaight, Princess (winner, western equestrian)
Kaitlyn Counter
Jadyn Owens (winner, horse mastership, winner, western wear)
Emmy Hayes
Ciara Francis
Gracie Schnabl
Kailey Snell (winner, queen’s waive)
Lynzi Snell
Payton Schuster (winner, barrels)
Faith Myers
Emilia Lord (winner, speech)
Stella Brand (winner, showmanship and halter, winner reining pattern)
Esther Oertel is a freelance contributor to Lake County News. She lives in Middletown.
The council, sitting side by side and unmasked on the dais for the first time in nearly 16 months, voted unanimously to authorize City Manager Alan Flora to sign the employment contract with Kelcey Young.
“As you’re all aware, we’ve been recruiting for a permanent finance director for some time,” said Flora.
During the city’s last recruitment, they attracted the interest of Young, who is currently working with the city of Dallas, Texas, Flora said.
Flora said Young is originally from California. She’s a Humboldt State alumna and is looking to come back to California with her family.
“She’s going to be a great fit on the team,” he said.
Young’s employment contract, on page 19 of the council packet published below, calls for her to receive an annual base salary of $118,667.20.
She also will receive relocation assistance and a $10,000 recruitment incentive.
As the city has been recruiting, Police Chief Andrew White has helped cover the finance director duties.
Councilman Russ Cremer asked when Young would arrive in Clearlake so the council could meet her.
Flora said her start date is July 19 and so she’ll likely make her first appearance at the council’s Aug. 5 meeting. However, he said they can meet her at City Hall before then.
Councilman Russ Perdock said he met Young when she came to visit the city for her interview. He said she’s very sharp, he’s looking forward to working with her and Flora made a good choice.
Cremer moved to approve Young’s contract, with Perdock seconding and the council voting 5-0.
Also on Thursday, the council approved the first amendment to the agreement between the city of Clearlake, city of Lakeport and county of Lake for operation of the public, educational and governmental, or PEG, cable television channel.
The new amendment will extend the agreement through June 30, 2023.
“There’s no significant changes to the agreement,” said Flora, noting that it had been time to update it.
He said the amendment includes the in-kind contribution of $8,000 from the city. That covers space at City Hall and the senior center, insurance and other assistance.
Cremer moved to approve the agreement, with Councilwoman Joyce Overton seconding and the council voting 5-0.
After an open session that ran just over eight minutes, the council adjourned into closed session to discuss labor negotiations and an existing case of litigation.
Email Elizabeth Larson at
LAKE COUNTY, Calif. — The Lake County Sheriff's Office, Lake County Office of Emergency Services and their public safety partners are launching the “Know Your Zone” campaign as part of a new emergency preparedness effort.
In order to better communicate with Lake County residents and businesses during evacuations or emergencies, an interactive map has been launched online that will provide important emergency information during an event.
All of Lake County has been divided into specific zones. During an emergency these zones will be used to identify areas affected by the event that is occurring.
The map, developed by Zonehaven, can be accessed at https://community.zonehaven.com and includes all evacuation zones in Lake County.
Residents can enter their address, record their zone number and review zone details before the next emergency to be able to map their best path to safety.
The Lake County Sheriff’s Office will host a community meeting on Tuesday, June 29, between 5:30 to 7 p.m., to provide information about the Zonehaven map and answer any questions.
The meeting will be held online via Zoom and livestreamed to the Sheriff’s Office Facebook page.
The Zoom link is here. The meeting ID is 984 5261 8853, pass code is 897589.
Residents are encouraged to attend the online community meeting and visit the sheriff’s office website or Facebook page for information pertaining to Zonehaven.
The following dogs are ready for adoption or foster. The newest dog is listed at the beginning of the list.
‘Bear’
“Bear” is a male American Staffordshire terrier mix with a short brown coat.
He has been neutered.
He is dog No. 3476.
‘Cleo’
“Cleo” is a female Doberman pinscher mix with a short gray coat who is new to the shelter.
She has been spayed.
She is dog No. 4865.
“Dusty” is a male American Pit Bull Terrier with a tan and white coat.
He is dog No. 4750.
‘Gizmo’
“Gizmo” is a senior male Chihuahua mix with a short tan and white coat.
He is dog No. 4902.
‘Lucky’
“Lucky” is a male Labrador Retriever mix with a short yellow coat.
He is dog No. 4908.
‘Mitzy’
“Mitzy” is a female shepherd mix with a medium-length black and white coat.
She is dog No. 4648.
‘Mojo’
“Mojo” is a male Chihuahua mix with a short black and tan coat.
He has been neutered.
He is dog No. 4881.
‘Patches’
“Patches” is a male Chihuahua mix with a short tricolor coat.
He is dog No. 4903.
‘Princess’
“Princess” is a female American pit bull terrier mix with a short fawn and white coat.
She is dog No. 4840.
‘Sassy’
“Sassy” is a female Labrador retriever and pit bull mix with a short black with white markings.
She is house-trained.
She is dog No. 4602.
‘Tanisha’
“Tanisha” is a female shepherd mix with a short orange and white coat.
She is dog No. 4647.
‘Terry’
“Terry” is a male Dutch shepherd mix with a smooth brindle coat.
He is dog No. 4880.
‘Toby’
“Toby” is a friendly senior male boxer mix.
He has a short tan and white coat.
Toby is house trained and neutered.
He is dog No. 4389.
Call the Clearlake Animal Control shelter at 707-273-9440, or email
Visit Clearlake Animal Control on Facebook or on the city’s website.
Email Elizabeth Larson at