Estate Planning &
Administration
Lisa offers her clients years of expertise and personalized service coupled with a caring approach. Focusing on Estate Planning, Elder Law, and Special Needs, she is skilled at drafting and managing estates of all sizes as well as providing counseling for elderly clients and those with disabilities.
She is a trained practitioner in special needs trusts, conservatorships, and long-term care planning including Medicare, Medi-Cal, Veteran’s Administration Benefits, and Social Security. Lisa is an active member of the National Academy of Elder Law Attorneys and is accredited by the VA to advise veterans regarding their benefits.
Having distinguished herself in her field, Lisa has also taught at UC Hastings College of Law (her Alma Mater), UC Davis College of Law, and California State University Sacramento. At UC Hastings she taught Legal Writing, at UC Davis she taught Legal Writing and Research, and at Sacramento State she taught Human Resources Laws and Regulations.
Why do you need an estate plan? No one likes to think about what would happen if they died or were suddenly debilitated, but planning your estate helps ensure you are prepared for what life brings you. A well thought out estate plan can provide both you and your family with peace of mind in the event you are incapacitated due to an accident or illness, and also for death.
A good estate plan includes a Will or a Trust, and in some cases both.
A Will is a written document that specifies how your assets are to be divided after you die, and appoints an Executor who is in charge of making sure your written wishes are carried out.
You might also consider transferring the assets of your estate into a Trust, where they remain while you are alive under the administration of your appointed Trustee.
Unlike a Will, an estate held in Trust does not need to go through a Court supervised Probate when you die. Probate is a costly, time-consuming process that can be avoided in most cases with proper estate planning.
A general Power of Attorney is a legal document that authorizes a designated person to act on your behalf should you become incapacitated or otherwise unable to manage your own affairs.
A Power of Attorney will help you and your family when you alive but need help with your finances and business affairs (such as dealing with banks, financial institutions, insurance companies, and more). This document is only effective during your lifetime, and becomes void should you die.
There is also a specific Health Care Power of Attorney, which allows the person you choose to make decisions about your medical treatment and long-term care if you are unable to do so for yourself. This goes hand in hand with an Advance Health Care Directive, or Living Will, which provides your medical care professionals with written instructions about your wishes regarding medical treatment under certain circumstances (life support, organ donation, pain management, etc.).
If you are responsible for minor children, this document specifies who will care for them in the event of your incapacity or death.
If you have an estate in Trust, Trust Administration is the process that occurs following your death.
Your designated Trustee will carry out procedures to estimate the value of your estate prior to its distribution to your beneficiaries. We will represent the Trustee in all aspects of the Trust Administration and assist them every step of the way. This process replaces Probate proceedings when established as part of your estate plan.
Probate is a process that happens in Court. The purpose is to establish clear title or ownership to assets after death. Probate is the legal way to take a name off title of an asset and put another name on it after death. Probate is a method of transferring assets as provided in a Will, or, if a person dies without a Will.
The expense and duration of Probate is one of the reasons many people execute living Trusts. A Trust is a way to avoid the Probate process.
Elder Law encompasses an array of complex legal issues and financial challenges commonly faced by seniors, their families, and people with disabilities. I offer an integrated, client-centered approach to determine the best course of action that will enhance my client's quality of life and independence.
My goal is to provide you with information and available options that will help you make these important decisions, while successfully guiding you through the process. Additionally, I can create a comprehensive assessment of potential care needs, specific to your individual situation, and provide you with time and cost saving strategies.
Planning for long term care involves creating legal documents that express your wishes in the event that you become incapacitated and need managed care services.
With the cost of long-term nursing home care averaging several thousand dollars each month in California, and often priced at premium rates in the Bay Area, it is imperative to work with an Elder Law attorney who is knowledgeable about managing these costs.
Since every individual and situation is different, I will create a long term care plan tailored to meet your specific needs.
Making provisions for a loved one who is disabled or has special needs safeguards and manages that person's assets, inheritance, settlements, and gifts which can cover costly long term care for a lifetime.
If drafted and administered properly, this type of trust can insure your loved one is protected against tax complications while remaining eligible to receive assistance through government programs like Medi-Cal, IHSS, SSDI, SSI, Veterans Administration benefits, and Section 8 housing.
I am skilled in both third party and first party special needs trusts, and will help you draft a plan that not only protects your ability to receive these public benefits for the disabled person, but that addresses the personal care needs of that individual as well. Together we will strive to create a plan that maintains you or your loved one’s dignity, and preserves independence.
Conservatorships are legal proceedings that establish who will manage the estate and/or personal and medical care of an incapacitated person. A Conservator is a court-appointed person who is responsible for taking inventory and estimating the value of an estate, as well as paying the expenses of the Conservatee.
Guardianships are similar to Conservatorships, but apply to minors in the State of California.
Sending an email to Lisa Poncia does not create an Attorney-Client relationship.