Legal Question in Wills and Trusts in California

Thank you "Sarcasm aside"

Referring to: "Lawyers are saying our family trust (originally written in 1997) needs to have an updated HIPAA and a Pour Overwill. They both were updated in 2008. I think they're just trying to get money. Can you tell me if anything has been revised and should be updated in our trust for either of these documents?"

To clarify: have there been any updates on the HIPAA or Pour Over will since 2008? Nothing has changed in our trust. I found somewhere that there was an HIPAA update in 2004, but that should be covered in the 2008 one.

Thanks!

Deanne


Asked on 4/12/11, 2:59 pm

2 Answers from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

The "sarcasm aside" remark was to the prior attorney's answer, which I found sarcastic and impolite. I don' t think you should have to update the HIPAA because that is basically to protect the doctor from your claim that s/he violated your privacy by discussing your medical condition with another. The HIPAA authorization allows the doctor to do that. That being said, I don't think it needs updating but that is only based on scan facts, Deanne. As to the Will, what circumstances are there that have changed that the lawyer refers to in saying you need to update it? Ask flat out, why do you think these need changing?

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Answered on 4/12/11, 7:04 pm
Anthony Roach Law Office of Anthony A. Roach

It was meant to be sarcastic because a lawyer cannot advise you as to whether a trust needs updating, or what you need to do without reviewing your estate planning needs and reviewing the trust and any other estate planning documents such as your health care directive and the pour over will.

It is tantamount to someone asking me about a contract without letting me see the contract. Any lawyer who answers without reviewing those documents and items is simply engaging in idle speculation. As my real property instructor used to say, law does not exist in a vacuum, and nature abhors a vacuum.

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Answered on 4/13/11, 10:19 am


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