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Archives for July 2017

How a Domestic Violence Restraining Order Affects Divorce & Custody

Divorce is a stressful process, and is sometimes instigated by dangerous behavior by a spouse that necessitates filing for a DVRO, or domestic violence restraining order. The details of a DVRO can vary. At their most basic, DVROs require the accused abuser to not engage in abusive or intimidating behavior, but may also require the […]

Determining Capacity

In our society, when young men and women reach the age of 18, they are deemed as having attained the level of maturity necessary to be responsible for their own well-being, and thus make decisions for themselves. This is known as “competence,” or more accurately, “legal capacity.” Legal capacity means that someone has the mental […]

Using a Living Trust for Incapacity Planning

It’s common to consider the possibility of incapacity in the same terms as retirement—something far off in the distance, confined to old age. However, accidents and unexpected health crises can transform your life in an instant. If you were unable to control your affairs tomorrow, what would happen to you, your property, your home, and […]

How Regional Centers Determine Developmental Disability

When an adult has a serious developmental disability that impedes their ability to live independently and look after their well-being, California allows for the appointment of a ‘limited conservator.’ In a limited conservatorship, a responsible adult who takes on certain legal responsibilities—depending on the level of disability—on behalf of the disabled person. However, who has […]