About the Authors. CEB Book: California Conservatorship Practice

Transcription

1 CEB Book: California Conservatorship Practice About the Authors LEONARD THOMAS ADAMIAK is the supervising probate investigator for Los Angeles County. Tom, as he is known to all, was born and raised in Los Angeles. He received his B.A. in sociology in 1969 from California State University, Northridge. He worked for the Department of Social Services from as a case worker, administrative assistant, fraud investigator, and supervising fraud investigator. He transferred to the L.A. County Superior Court in He completed thousands of conservatorship and guardianship investigations before attaining his current position in He currently supervises a staff of ten full-time investigators, one part-time investigator, and seven office assistants. DEE DEE BLACKWOOD received her B.A. in sociology in 1974 from the University of California, Santa Barbara. She has been a probate investigator for the Superior Court in San Luis Obispo County since 1988, completing investigations in conservatorship, guardianship, and step-parent adoption matters. Her previous work experience was as a social worker in the areas of child protective services, adult protective services, and foster care licensing for San Luis Obispo and Santa Barbara counties. She is a member of CASCI, California Association of Superior Court Investigators, has served on its board and numerous committees, and was chair of the Guardianship Task Force for many years. As chair during 2004, she was responsible for oversight of an extensive revision of the Court Investigator Guardianship Training Manual. She has also been a presenter at the Family Dispute Resolution Statewide Educational Institute and at CASCI conferences. ALEX R. BORDEN established the Borden Law Office in Torrance and specializes in conservatorship, estate and trust administration, and litigation. Mr. Borden received his B.A. in economics with a business emphasis (cum laude) in 1991 from the University of Colorado, Boulder, and his J.D. in 1995 from Loyola University School of Law. Mr. Borden serves on and actively participates in the Los Angeles Superior Court Probate Volunteer Panel and Pro Per Guardianship Program of the South Bay Bar Association Estates and Trusts section and regularly serves as a court-appointed personal representative in decedents estates proceedings. SUSANNE COHEN is an attorney in private practice in Berkeley specializing in conservatorships and trust administration, elder financial abuse litigation, long-term care and estate planning, and probate litigation. She received her B.A. degree from Vassar College and her J.D. from Loyola University School of Law. A former legal services attorney specializing in aging and disability issues, she has served as a staff attorney at Legal Assistance for Seniors in Oakland, California Rural Legal Assistance in Modesto, and The Arizona Center for Disability Law. VICKI F. DE CASTRO is a Deputy County Counsel in Stanislaus County handling all probate, probate conservatorship, and mental health (including LPS) matters for the county.

2 She received her B.A. degree from the University of California, Berkeley, and her J.D. from Armstrong College. From 1978 to 1998 she had a private practice with emphasis in probate, estate planning, and conservatorships. Her primary clients were private professional conservators. For 13 years she conducted mental health certification review hearings and medication hearings as a hearing officer for Alameda County. During that time she conducted trainings for new hearing officers and medical staff. She has been a speaker for county counsel association probate and mental health study group conferences and for CALPSHO, the mental health hearing officer organization. LINDA S. DURSTON is an attorney in private practice in Berkeley. Her major practice areas are estate planning, conservatorships, guardianships, and special needs trusts. She formerly practiced Social Security disability law at a not-for-profit agency in Northern California. She is a member of the National Academy of Elder Law Attorneys, California Advocates for Nursing Home Reform, the Contra Costa County Bar Association, and the Alameda County Bar Association. She is past secretary of the California National Academy of Elder Law Attorneys. She is principal author with Linda G. Mills of The Rhetoric, Politics, and Therapeutics of Opening Statements in Social Security Disability Hearings, 8 Yale J on Law and Feminism, (no. 1, 1996). She is a graduate of the University of California, Berkeley, where she received her B.A., M.A., and Ph.D. degrees in rhetoric and where she also taught for many years before entering the legal profession. MICHAEL J. GILL received his B.A. in 1966 from the University of Redlands and his J.D. in 1969 from Loyola University School of Law. Mr. Gill is a partner in the Los Angeles firm of Saver & Gill, LLP. He has practiced probate, estate, trust, and conservatorship law for the past 35 years, representing many individuals, private professional conservators, and corporate fiduciaries. He is a Probate Court Mediator, a former officer of both Los Angeles and Orange County Estate and Trust Sections, former member of the Executive Committee of the Los Angeles County Bar Trust and Estate Section, and a former CEB lecturer. He has also served as a delegate to the State Bar Convention and was member of the Los Angeles County Resolutions Committee. DON EDWARD GREEN received his B.A. in 1973 from California State University, Long Beach, and his J.D. in 1976 and LL.M. (Taxation) in 1983 from McGeorge Law School. He retired in 2010, having served as the Probate Commissioner, Contra Costa Superior Court, and formerly having served as probate staff attorney, Sacramento Superior Courts, from 1989 to Before working for the court, Mr. Green practiced law as a certified specialist in estate planning, trust, and probate law (suspended while serving as a judicial officer). He is a former chair of the California State Bar Trusts and Estates Section, served as an Executive Committee member for 10 years, and served as Judicial Liaison to that section. He also served as a member of the Judicial Council of California Probate and Mental Health Advisory Committee. Mr. Green is a frequent lecturer and speaker for CEB, PLI, CJER, sections of the State Bar of California, county bar associations, and various community groups and charities. He was named Pro Bono Judge of the Year 2003 by the Contra Costa County Bar Association. MARGARET M. HAND is an attorney in private practice in Oakland, specializing in estate planning, probate and trust administration, conservatorships and guardianships, and estaterelated litigation. She received her B.A. (with honors) in 1989 from the University of California, San Diego, and her J.D. in 1993 from the University of California, Berkeley,

3 School of Law. A certified specialist in estate planning, trust and probate law, Ms. Hand is a member of the Executive Committee of the Trust and Estates Section of the State Bar of California. She is immediate past chair of the Estate Planning, Trust & Probate Law Advisory Commission to the Board of Specialization of the California State Bar. She is a past chair of the Trust Committee of the Alameda County Bar Association Estate Planning, Trust and Probate Law Section. Ms. Hand is a frequent panelist for CEB estate planning programs. ANN M. HANSEN is a Deputy County Counsel in Alameda County. Ms. Hansen represents the Alameda County Public Guardian in LPS and Probate Conservatorship proceedings and related elder abuse litigation. Ms. Hansen received her B.A. (1st Class) in 1977 from the University of British Columbia and her J.D. in 1980 from Northeastern University School of Law. She is an active member of the Alameda County Bar Association Trusts and Estates Section. ADRIENNE SAURO HECKMAN is a Senior Deputy County Counsel for the County of Orange. She received her B.A. from the College of Wooster, Ohio, and her J.D. from Case Western Reserve School of Law. Since 1986, she has represented the Public Guardian in LPS matters, and since 1990, has also represented and advised the Public Guardian and Public Administrator in probate conservatorships, decedents estates, trusts, guardianships, and related litigation. She is a member of the Orange County Bar Association Elder Law and Estate Planning and Probate sections and was chair of the latter section in She has lectured on a wide variety of conservatorship and estate issues for CEB, the Orange County Bar Association, the County Counsel s Association LPS/Probate Study Section, the Orange County Fiduciary Abuse Specialist Team, the Orange County Designated Facilities, and state and regional Public Administrator/Guardian/Conservator s conferences. NEIL F. HORTON is a partner at Horton & Roberts LLP in Oakland. He limits his practice to litigation and mediation involving trusts and estates, estate planning, and trust and probate administration. Mr. Horton received his B.A. in 1958 from Grinnell College and his LL.B. in 1961 from Harvard Law School. He is a certified specialist in probate, estate planning and trust law (State Bar of California Board of Legal Specialization), a member of the Executive Committee of the Trusts & Estates Section of the State Bar of California, and a Fellow of the American College of Trust and Estate Counsel. A past president of the Alameda County Bar Association, Mr. Horton chaired the Executive Committee of its Trusts & Estates Section in SAMUEL D. INGHAM III has a private practice in Beverly Hills limited to conservatorship, guardianship, and trust and probate matters. Mr. Ingham received his B.A. in Latin (summa cum laude) in 1972 from the University of California, Irvine, and his J.D. in 1975 from the University of California, Los Angeles, School of Law. He is a certified specialist in probate, estate planning and trust law (State Bar of California, Board of Legal Specialization) and has served on the Executive Committees of the Los Angeles County Bar Association sections on Trusts and Estates and Natural Resource Law. He participates actively in the Los Angeles Superior Court Probate Volunteer Panel and Probate Mediation Panel and regularly serves as a court-appointed referee or special master in litigated cases. POLLY LEVIN is an associate with the Bohne Law Group, with offices in Walnut Creek. Her practice focuses on providing planning services for persons with disabilities and their family

4 members. This encompasses estate planning, including special needs trusts, trust administration, and conservatorships. Ms. Levin also works with personal injury attorneys to establish special needs trusts for their minor or disabled clients. Ms. Levin received her B.A. from the University of California, Berkeley, and her J.D. from Golden Gate University School of Law. She is a member of the California and New York bars, the Alameda County Bar Association, Wealth Counsel LLC, and the Northern California Planned Giving Council. PATINA A. MADISON (Tina) graduated from California State University, Long Beach, in 1973 with a degree in psychology. While working toward a master s degree in special education, she joined the California Probate Referee s office in Long Beach. She received certification as a paralegal in 1982, having completed the paralegal studies program at the University of California, Irvine. Ms. Madison graduated in 1991 from Western State College of Law with an emphasis in taxation. Since her admission to the Bar she has been a sole practitioner, limiting her practice to probate, conservatorship, and estate planning matters. She has served as a Judge Pro Tem in the Probate Department of the Orange County Superior Court, lectured for CEB, and acted as an expert witness. BETTIE BAKER MARSHALL has her own practice in Campbell (Santa Clara County), limited to conservatorship, elder law, estate planning, and probate. Ms. Marshall received her B.A. degree in 1985 from University of San Francisco and her J.D. degree (cum laude) in 1991 from Santa Clara University School of Law. She has lectured and written on elder law and conservatorships for fiduciary, legal, and civic organizations, is certified as a specialist by the California Board of Legal Specialization in estate planning, trust and probate law, and has been named as a top elder law attorney by San Jose Magazine for 6 years and as Northern California Super Lawyer in Elder Law by Law & Politics Magazine, Publishers of San Francisco Magazine, for 3 years. She is a court-appointed counsel for proposed conservatees, is a member of the executive committee of, and Newsletter Editor of, the Silicon Valley Bar Association, Trusts & Estates Section, and is AV rated by Martindale-Hubbell. MATTHEW P. MATIASEVICH practices in San Francisco, specializing in trust and estate litigation. He received his B.A. from Stanford University in 1989 and his J.D. from the University of California, Davis, School of Law in He joined Evans, Latham & Campisi in 1997 and became a shareholder in His reported cases include Conservatorship of Coombs (1998) 67 CA4th KATHRYN M. MURPHY has a private practice with offices in Berkeley and San Francisco. Her practice is limited to estate planning, estate and trust administration, conservatorships, and litigation involving estates, trusts, and conservatorships. She is a certified specialist in probate, estate planning and trust law (State Bar of California, Board of Legal Specialization). She received her B.A. (philosophy) from the University of San Francisco, her LL.B. from Lincoln University Law School, her M.S. (taxation) from Golden Gate University, and her M.S.W. (mental health) from California State University, Sacramento. E. JOAN NELMS is in private practice in Redlands and limits her practice to conservatorship, guardianship, trust and probate matters, probate litigation, and elder law litigation. Ms. Nelms received her J.D. in 1989 from Western State University, Fullerton, and is a certified specialist in probate, estate planning and trust law (State Bar of California, Board of Legal Specialization). Prior to employment with Brown, White & Newhouse, Ms. Nelms was

5 employed by San Bernardino County as a research attorney for the Probate Department and has taught elder law classes at University of California, Riverside, Extension. Ms. Nelms regularly serves as a court-appointed attorney for Riverside and San Bernardino counties on conservatorship and guardianship matters. RUTH A. PHELPS received her undergraduate degree in mathematics from Immaculate Heart College in Los Angeles. She received her J.D. in 1975 and her LL.M. (taxation) in 2004 from Loyola University School of Law. Mrs. Phelps is a certified elder law attorney and a certified estate planning, trust and probate specialist. She is a member of the Board of Directors of the National Academy of Elder Law Attorneys, a member of the Executive Committee of the Trust and Estates Section of the State Bar of California, past President of the Southern California Chapter of the National Academy of Elder Law Attorneys, and a member of the Board of Overseers of Loyola University School of Law. She is a member of the adjunct faculty of Loyola University School of Law, teaching elder law. Mrs. Phelps serves as a member of the Probate Volunteer Panel of attorneys for the Los Angeles Superior Court. Her practice areas include long-term disability and care issues, Medi-Cal and Medicare planning, conservatorships, and guardianships. She prepares trusts, special needs trusts, wills, powers of attorney for asset management, and advance health care directives. JOHN S. ROUGH is the founder and a co-owner of Bond Services of California, LLC. A California native, he graduated from Occidental College in Los Angeles in He worked summers during college for Golden State Bonding in the Los Angeles County Courthouse and used that experience to establish Bond Services of California in Santa Ana in Bond Services of California now has offices throughout the state and is the largest writer of court litigation, probate, and conservatorship bonds in California. HOWARD SERBIN is a Supervising Deputy in the Office of the Orange County Counsel, in charge of the Probate/Mental Health Section. Mr. Serbin received his B.A. in 1974 from the University of California, Los Angeles, and his J.D. in 1976 from the University of California, Los Angeles, School of Law. He has worked on probate matters since 1980 and has been lead attorney to the Public Administrator/Guardian and head of the Probate/Mental Health Section since Mr. Serbin has also served as lead attorney for the Orange County Counsel s Juvenile Dependency Section. He is past chair of the Estate Planning and Trust Section of the Orange County Bar Association. Mr. Serbin has been a presenter at the California State Bar Association Annual Conference and at County Counsel Association Probate/Mental Health Conferences. He has served as judge pro tempore in Orange County Superior Court. He was instrumental in drafting Probate Code 7660(c) and Mr. Serbin currently serves on Orange County s committee to revise the local procedures for capacity hearings. PETER S. STERN is an attorney whose private practice in Palo Alto emphasizes estate planning, probate, and elder law. He received his J.D. in 1981 from Stanford University School of Law. He is a past chair of the executive committee of the Estate Planning, Probate, and Trust Section of the Santa Clara County Bar Association (1993) and a member of the Board of Trustees of the Bar Association ( ). He is certified as a specialist in estate planning, trust and probate law by the California Board of Legal Specialization of the State Bar of California. He is a member of the Executive Committee of the Trusts and Estates Section of the State Bar of California and of the Silicon Valley Bar Association. He serves on the Probate and Mental Health Committee of the Judicial Council of California. Mr. Stern holds

6 undergraduate and graduate degrees in history from Denison University and Princeton University. Prior to his work in law, he served as a member of the history departments at Stanford University and the University of Santa Clara. He has also served in the U.S. Department of State. His current practice deals with a broad spectrum of estate planning, conservatorships, probate, and elder law, including Medi-Cal planning and other legal assistance to families of persons suffering from incapacities. He has lectured on elder law, Medi-Cal planning, and special needs trusts for CEB, the Santa Clara County Bar Association, the National Business Institute, and California Advocates for Nursing Home Reform. About the 2015 Update Authors LISA C. ALEXANDER, a partner with the firm of Jakle & Alexander, LLP in Santa Monica, is the update author of chapter 15. Ms. Alexander received her B.A. degree from the University of California, Los Angeles, and her J.D. degree from the University of Southern California. She is an active member of the Trusts and Estates Section of the Beverly Hills Bar Association, having served on the Section s Executive Board and as Chair of its Legislative Committee. DAVID CHERNISS, the ADR Managing Attorney for the Superior Court of California, County of San Mateo, is the update author of chapter 8. Mr. Cherniss received his B.A. from the University of California, Los Angeles, and his J.D. from California Western School of Law in San Diego. He is a member of the California Association of Superior Court Investigators (CASCI). Mr. Cherniss responsibilities include management oversight of the Probate Court Investigations Department, Family Court Services, Family Law Facilitator s Office and the Juvenile Delinquency and Juvenile Dependency Mediation Programs. Prior to transitioning to the Superior Court in 2001, his private practice included guardianship, probate, estate planning, family law and related matters. SUSANNE COHEN is the update author of chapter 6: See author bio in the About the VICKI F. DE CASTRO is an update coauthor of chapter 23: See author bio in the About the DAVID J. ELEFANTpractices law in Walnut Creek and is an update coauthor of chapter 10. He received his B.A. degree from the University of California, Berkeley, and his J.D. degree from the University of California, Hastings College of the Law. Mr. Elefant is active in the Contra Costa County Bar Association and was one of the founding co-chairs of its Probate and Trusts Section. His practice emphasizes estate planning and trust and probate administration. Mr. Elefant serves as a California Probate Referee in Contra Costa County and is an instructor at JFK University in the School of Management, Paralegal and Legal Studies Program. Mr. Elefant is also the author of California Decedent Estate Practice, chap 13 (2d ed Cal CEB) and Handling a Probate (Cal CEB Action Guide). DON EDWARD GREEN is the update author of chapters 3 and 21: See author bio in the About the Mr. Green retired from the court in 2010.

7 OLIVER A. GREENWOOD is the update author of chapter 4: See author bio in the About the ANN M. HANSEN is an update coauthor of chapter 23: See author bio in the About the AMY HARRINGTONis an attorney practicing law in San Francisco, and is an update coauthor of chapter 10. Ms. Harrington received her B.A. degrees in political science and sociology from the University of California, Davis, and her J.D. degree from the University of California, Hastings College of the Law. She has lectured for the National Business Institute and is a member of the National Association of Elder Law Attorneys. Ms. Harrington specializes in probate, trusts, estates, and conservatorships. She was appointed as a California Probate Referee in ADRIENNE SAURO HECKMAN is an update coauthor of chapter 23: See author bio in the About the NEIL F. HORTONis the update author of chapter 18: See author bio in the About the Authors section. DUNCAN P. HROMADKA is an associate with the firm of Hromadka & Gaulke in Los Angeles. Mr. Hromadka is an update coauthor of chapter 13. He received his B.A. in 2004 from the University of Michigan and his J.D. in 2007 from Pepperdine University. Mr. Hromadka is an active member of the Trusts & Estates Section of the Los Angeles County Bar Association, and currently serves on the section s executive board. He focuses his practice on probate, conservatorship, and trust matters. SAMUEL D. INGHAM III is the update author of chapters 2 and 7: See author bio in the About the MELISSA KARLSTEN is an update coauthor of chapter 3: See author bio in the About the CATHERINE RAYE-WONG is an update coauthor of chapter 3: See author bio in the About the SRINOI G. ROUSSEAU is a partner with Camp Rousseau Montgomery, LLP in Oakland, and is the update author of chapter 9. Ms. Rousseau received her A.B. degree in psychology from the University of Southern California and her MBA from Santa Clara University; she received her J.D. degree from Santa Clara University School of Law. She is the current chair of the Public Information Committee and the past chair of the Elder Law Committee of the Trusts & Estates Law Section of the Alameda County Bar Association. She is a member of the National Academy of Elder Law Attorneys, the Contra Costa Bar Association, the Alameda County Bar Association, and the Asian American Bar Association. She is a former chair of the Board of Directors of Asian Community Mental Health Services. Her practice includes elder law, probate, conservatorship (including limited conservatorships for the developmentally disabled), powers of attorney, Medi-Cal counseling, and trust analysis and administration. She has served as a panelist on a number of CEB elder law programs and has given presentations to professionals and community groups in the Bay Area on various estate planning topics, including conservatorships and durable powers of attorney.

8 PETER S. STERN is the update author of chapters 11, 12, and 19: See author bio in the About the ADAM L. STRELTZER practices in the Century City area of Los Angeles, and is the update author of chapter 17. He received his B.A. degree from San Diego State University and his J.D. degree from the University of the Pacific, McGeorge School of Law. Mr. Streltzer is a member of the Trust and Estates Sections of the Beverly Hills Bar Association and Los Angeles County Bar Association, a member of the Commercial Law League of America, and is a participant in the Los Angeles County Superior Court s Probate Volunteer Panel (PVP) program. Mr. Streltzer s practice focuses on litigation concerning the rights, duties, responsibilities, money, and property of the deceased, incompetent, spendthrift, and bankrupt. SARAH VAN CULIN is an update coauthor of chapter 3: See author bio in the About the ERIC R. YAMAMOTO, of the Law Offices of Eric R. Yamamoto in West Los Angeles, is an update coauthor of chapters 13, 14, and 16. Mr. Yamamoto focuses his practice on probate, conservatorship, and trust matters. He received his B.S. degree from University of Southern California and his J.D. degree from Loyola University School of Law. He belongs to the Trusts and Estates Section of the Santa Monica Bar Association, the Los Angeles County Bar Association, and the State Bar of California. He is a past co-chair of the Santa Monica Bar Association Probate, Trust and Estate Planning Section. Mr. Yamamoto has taught at University of West Los Angeles School of Law and at UCLA Extension and has been a speaker at numerous seminars sponsored by the Los Angeles County Bar Association. He periodically acts as an interviewer for the California State Controller s Advisory Probate Referee. Mr. Yamamoto speaks for CEB and is also the author of California Decedent Estate Practice, chap 9 (2d ed Cal CEB).