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- Written by: DENNIS FORDHAM
There are frequently asked questions that people have about revocable living trusts, wills, supported decision making agreements (new), powers of attorney and advance health care directives.
Basically it is what do these documents accomplish and how do they work?
California’s new Supported Decision Making, or SDM, law allows adults with disabilities to authorize trusted persons (e.g., family and friends) to assist them in understanding, making, communicating and implementing their own informed choices, and to have supporters present at important meetings.
A disabled person’s capacity to engage in a wide range of activities is to be determined with such decision making supports in place.
A SDM agreement can authorize supporters to assist a disabled person in estate planning and much more.
A decedent’s will nominates an executor to administer the decedent’s estate, including the distribution of specific gifts and other assets.
A person can execute a simple handwritten will, a statutory will, or have a professional draft a will. Any will, other than a handwritten will, must be witnessed by two disinterested witnesses (i.e., who have no interest under the will).
At death, a will only applies to assets that are not otherwise transferred under a trust, a designation of death beneficiary form or a joint tenancy title.
A trust controls and manages trust assets during a person’s life and at death. Assets held in a living trust avoid conservatorships (during the settlor’s disability) and probate (at the settlor’s death).
Assets transferred into a living trust must belong to the settlor(s) who established the trust. A married couple may together establish a joint (two settler) trust to receive their community property assets.
Each spouse may choose to transfer his or her own separate property assets into a joint trust or else keep their separate property assets in a separate property trust.
Trust assets are titled – for ownership and control — to the trustee(s). Trustee(s) are fiduciaries, i.e., the legal representative of the trust, who administer the provisions in the trust as written, unless unenforceable (i.e., contrary to law or to strong public policy). When a trust is silent on an issue the trustee follows the California Probate Code.
Successor trustees nominated in the trust take office when the last initial trustee(s) resigns, is incapacitated or dies. When and how the transfer occurs is stated in the trust. Some trusts also include a method to fill a trustee vacancy if no nominated successor trustees accepts.
Living trusts can be amended by the settlor(s) as stated in the trust instrument or in the Probate Code. The incapacity or the death of the settlor make the trust irrevocable. A joint trust, however, sometimes allows either settlor acting alone to amend the living trust, in some or all particulars.
Next a power of attorney, or POA, allows a person (i.e., the principal) to authorize another person (i.e., the agent) to act as a fiduciary (representative) over some or all of the principal’s own legal, property and financial affairs; but not the assets held in a trust.
A POA can either be effective upon signing or upon incapacity of the principal. If used to transfer title to real property, a power of attorney must be recorded with the county recorder.
Lastly, advanced health care directive, or AHCD, like a POA, delegates authority to an agent to act in a fiduciary capacity, but with respect to the principal’s health care only.
An AHCD is needed when the principal is unable to make health care decisions, most notably at the end of life.
The foregoing discussion is not legal advice. Consult an attorney for legal advice.
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, Calif. He can be reached at
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- Written by: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Earth and Venus are rocky planets of about the same size and rock chemistry, so they should be losing their internal heat to space at about the same rate.
How Earth loses its heat is well known, but Venus’ heat flow mechanism has been a mystery.
A study that uses three-decade-old data from NASA’s Magellan mission has taken a new look at how Venus cools and found that thin regions of the planet’s uppermost layer may provide an answer.
Our planet has a hot core that heats the surrounding mantle, which carries that heat up to Earth’s rigid outer rocky layer, or lithosphere. The heat is then lost to space, cooling the uppermost region of the mantle.
This mantle convection drives tectonic processes on the surface, keeping a patchwork of mobile plates in motion. Venus doesn’t have tectonic plates, so how the planet loses its heat and what processes shape its surface have been long-running questions in planetary science.
The study looks at the mystery using observations the Magellan spacecraft made in the early 1990s of quasi-circular geological features on Venus called coronae.
Making new measurements of coronae visible in the Magellan images, the researchers concluded that coronae tend to be located where the planet’s lithosphere is at its thinnest and most active.
“For so long we’ve been locked into this idea that Venus’ lithosphere is stagnant and thick, but our view is now evolving,” said Suzanne Smrekar, senior research scientist at NASA’s Jet Propulsion Laboratory in Southern California, who led the study published in Nature Geoscience.
Just as a thin bedsheet releases more body heat than a thick comforter, a thin lithosphere allows more heat to escape from the planet’s interior via buoyant plumes of molten rock rising to the outer layer. Typically, where there’s enhanced heat flow, there’s increased volcanic activity below the surface. So coronae likely reveal locations where active geology is shaping Venus’ surface today.
The researchers focused on 65 previously unstudied coronae that are up to a few hundred miles across. To calculate the thickness of the lithosphere surrounding them, they measured the depth of the trenches and ridges around each corona.
What they found is that ridges are spaced more closely together in areas where the lithosphere is more flexible, or elastic.
By applying a computer model of how an elastic lithosphere bends, they determined that, on average, the lithosphere around each corona is about 7 miles (11 kilometers) thick — much thinner than previous studies suggest.
These regions have an estimated heat flow that is greater than Earth’s average, suggesting that coronae are geologically active.
“While Venus doesn’t have Earth-style tectonics, these regions of thin lithosphere appear to be allowing significant amounts of heat to escape, similar to areas where new tectonic plates form on Earth’s seafloor,” said Smrekar.
A window into Earth’s past
To calculate how old a celestial body’s surface material is, planetary scientists count the number of visible impact craters.
For a tectonically active planet like Earth, impact craters are erased by the subduction of continental plates and covered by molten rock from volcanoes.
If Venus lacks tectonic activity and the regular churn of Earth-like geology, it should be covered in old craters. But by counting the number of Venusian craters, scientists estimate that the surface is relatively young.
Recent studies suggest the youthful appearance of Venus’ surface is likely due to volcanic activity, which drives regional resurfacing today. This finding is supported by the new research indicating higher heat flow in coronae regions – a state that Earth’s lithosphere may have resembled in the past.
“What’s interesting is that Venus provides a window into the past to help us better understand how Earth may have looked over 2.5 billion years ago. It’s in a state that is predicted to occur before a planet forms tectonic plates,” said Smrekar, who is also the principal investigator of NASA’s forthcoming Venus Emissivity, Radio science, InSAR, Topography, And Spectroscopy (VERITAS) mission.
VERITAS will pick up where Magellan left off, improving upon that mission’s data, which is low resolution and comes with large margins of error. Targeting launch within a decade, the mission will use a state-of-the-art synthetic aperture radar to create 3D global maps and a near-infrared spectrometer to figure out what the surface is made of. VERITAS will also measure the planet’s gravitational field to determine the structure of Venus’ interior. The instruments will together fill in the story of the planet’s past and present geologic processes.
“VERITAS will be an orbiting geologist, able to pinpoint where these active areas are, and better resolve local variations in lithospheric thickness. We’ll be even be able to catch the lithosphere in the act of deforming,” said Smrekar. “We’ll determine if volcanism really is making the lithosphere ‘squishy’ enough to lose as much heat as Earth, or if Venus has more mysteries in store.”
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- Written by: Elizabeth Larson
LAKE COUNTY, Calif. — The leadership of the Clearlake Police Department was officially placed in the hands of two of its veteran officers on Thursday night.
The Clearlake City Council hosted a swearing-in for new Police Chief Tim Hobbs and Lt. Ryan Peterson following a police leadership reception.
Hobbs, 41, in February marked 20 years with the Clearlake Police Department.
He had been appointed interim chief and on Dec. 19 was sworn in at an event marking the departure of the man he called his mentor, Chief Andrew White, who was hired as police chief in the city of Martinez.
The council unanimously approved giving Hobbs the chief’s job on a permanent basis at its Jan. 5 meeting.
Since then, another key promotion took place: Sgt. Ryan Peterson, a 15-year department veteran considered to be one of Lake County’s top detectives, was given the lieutenant’s job, succeeding Hobbs in that post.
City Manager Alan Flora, noting Hobbs has spent his entire career with the Clearlake Police Department, said, “You’ve filled nearly every role available during your time here.”
While that in itself didn’t necessarily qualify or prepare Hobbs to become chief, Flora said Hobbs has shown himself to be ready, facing challenges in his first weeks and responding well to them.
Flora said he’s frequently hearing from community members that they are impressed with how Hobbs is handling himself in the leadership role.
Hobbs has stepped into the police chief role at a time when the police department is performing at a high level, Flora said.
“We haven’t peaked yet and I strongly believe you are the right person for this time,” Flora said. “Thank you for your willingness to serve.”
City Clerk Melissa Swanson then administered the oath to Hobbs and his fiancee pinned on his badge.
Hobbs thanked Flora and the council for the confidence they have shown in him by his appointment.
“This position comes with very important responsibilities. Thank you for the faith you have shown in me,” Hobbs said.
Hobbs then thanked his predecessor, Andrew White, who had made the trip from Martinez for the event.
Hobbs credited White for being key to making the department a better place and setting them up to move forward as they continue to improve and grow.
He said he learned a lot from White, and would not be in this place today without his mentorship.
Those who work in law enforcement know that no police officer can be truly successful without support of family, and Hobbs said he has that.
To the community, Hobbs said, “Our level of service and our commitment to the community is second to none. I am proud and happy to be part of this team.”
As chief, he said will do his best to make sure the agency maintains and, when possible, improves its service.
He then turned to the audience to deliver a message directly to the department employees, telling them he needed their help.
“No chief of police can be successful without the support, dedication and hard work of their employees at every level within the department,” he said.
Mayor Russell Perdock paused to recognize dignitaries who had come to support Hobbs, including White, Lakeport Police Chief Brad Rasmussen and Lake County Fire Chief Willie Sapeta.
After his swearing-in, Hobbs then welcomed Peterson forward.
Like Hobbs, Peterson has spent his entire career with the Clearlake Police Department.
Peterson most recently served as patrol sergeant before being promoted after his performance in the lieutenant’s testing process, Hobbs said.
Hobbs thanked Peterson for being a part of the Clearlake Police team, and putting in all the hard work and dedication in his time with the agency.
He then administered the oath to Peterson, shaking his hand afterward.
Peterson received a standing ovation from the council and the audience.
His young daughters then came forward and one pinned on his badge, giving him a big hug afterward.
Email Elizabeth Larson at
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- Written by: LAKE COUNTY NEWS REPORTS
LAKEPORT, Calif. — The Lake County Water Resources Department has determined Highland Springs Recreation Area will remain closed until further notice, due to potentially life-threatening conditions caused by storm damage.
This closure includes the Range and Rod and Gun Club.
County work crews conducted an initial survey on Wednesday and observed hundreds of downed trees and partially fallen limbs on recreational trails, parking areas and the disc golf course.
With saturated soils, high winds, freezing temperatures and more precipitation anticipated, additional damage may occur.
District 4 Supervisor Michael Green, was on site to observe damage brought by recent storms.
“The disc golf course and picnic areas suffered little structural damage, but there are an unprecedented number of downed trees, ‘widow makers’ and other hazards,” Green said.
“It will likely take weeks to fully assess the damage and bring in forestry crews and equipment to prepare the park for public use. We truly appreciate everyone’s patience and cooperation,” Green added.
Highland Springs Recreation Area is owned by the Lake County Watershed Protection District and managed by the Lake County Water Resources Department.
For more information, contact Water Resources at 707-263-2344 or