Trusts and Estates

Ca. Trs. & Estates Quarterly 2014, Volume 20, Issue 4


By Mark S. Poochigian, Esq.*

We are pleased to present this issue of the Quarterly to our Section members and readers. As always, we strive to publish timely articles that discuss substantive legal issues in a way that will be useful to practitioners. The works submitted by this issue’s authors have allowed us to meet that goal with articles that I think our readers will view as first-rate reference material.

The issue begins with former TEXCOM chair John Hartog’s examination of the ever-present problem of diminishing capacity, particularly focusing on diminishing capacity of trustees. Following a succinct review of how the law analyzes capacity, this article explores how an attorney might deal with representing a trustee-client whose capacity is diminished, in addition to addressing how estate planners might anticipate the problem of trustee incapacity in the drafting of trust instruments. John’s contribution to this issue is excellent, and I expect that readers will find it very useful.

Next, my TEXCOM colleague Jennifer Wilkerson has collaborated with Linda Durston, and the result is a comprehensive reference for practitioners about the California Conservatorship Jurisdiction Act (CCJA) enacted in 2014. Although Jeremy Crickard said it well in "From the Chair," it bears repeating that, while this act evolved with the input of many stakeholders, Jennifer’s tireless work with the California Law Revision Commission on behalf of TEXCOM helped shape this act from the perspective of a practitioner. This article provides a thorough overview of the developments in the law resulting from CCJA, and is required reading for those who encounter conservatees with contacts in multiple jurisdictions.

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