HEMS Trustee Duties | The Need to Know Beneficiary Health

Описание: 📞CALL THE SAGE | Michael Hackard @Hackard Law

After 50 years and thousands of cases, I see the patterns others miss.

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THE PATTERN I SEE IN EVERY CASE:
Elder Abuse ➡️ Changed Documents ➡️ Disinheritance
If you see these warning signs, you are not imagining things. You are perceptive.

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(00:00) Daily reflection benefits
(00:33) Ignatian daily examen
(01:01) Refrain from harm
(01:37) Trustee health duty ignored
(01:49) HEMS standard
(02:14) Trustee failures to fulfill HEMS
(02:57) Examples of health considerations
(03:34) Trustee must act in good faith
(03:48) Advocates raise trustee awareness
(04:02) Litigation when corrections necessary
(04:08) Hackard Law CA practice areas
(04:24) Call Hackard Law today: 916-313-3030

The HEMS standard is a trust provision used to convey a settlor's intent with regard to distributions to beneficiaries. HEMS stands for health, education, maintenance and support.
Trustees are often directed to distribute trust principal and/or income in such amounts as may be needed for the health, education, maintenance and support of a beneficiary or beneficiaries. We've been litigating this issue.
It is my belief that a significant number of trustees fail to assess and account for the health of a beneficiary in exercising this standard of distribution. I think that these trustees are, in a sense, on cruise control. They are performing their tasks with little reflection or effort. I don't say this to indict them. I think that it's easy for any of us to make assumptions or to ignore the obvious. There is a better way - they can do better.
In thinking about the health element of the HEMS standard what should the trustee know?
So with credit to another legal writer, Julius Giarmarco, the "standard of 'health' is generally thought to include the following:
Emergency medical treatment;
Psychiatric treatment;
Psychological treatment;
Routine health examinations;
Dental;
Eye care;
Cosmetic surgery;
Lasik surgery;
Health, Dental, or Vision Insurance;
Unconventional medical treatment;
Home health care;
Gym memberships;
Spa memberships;...

Read more: https://www.hackardlaw.com/blog/2019/...

With five decades of trusted experience, Michael Hackard leads Hackard Law in representing beneficiaries and heirs in estate, trust, and elder financial abuse litigation spanning Sacramento, the San Francisco Bay Area, and Los Angeles. HEMS Trustee Duties | The Need to Know Beneficiary Health focuses on the critical "HEMS" standard guiding trustee distributions based on health, education, maintenance, and support of beneficiaries. The legal expectation is that trustees must carefully evaluate and address the health-related needs of beneficiaries, including medical treatment, insurance, therapeutic care, and related health expenses.

Often, trustees operate on autopilot, neglecting this vital duty, which undermines the settlor’s intent and jeopardizes the well-being of beneficiaries. Hackard Law advocates vigorously for families affected by trustees who fail to consider beneficiary health, providing expert litigation and enforcement of trustee obligations under California law. Trustees can and should do better, and when they fail, Hackard Law ensures families obtain justice.

Clients across California benefit from Hackard Law’s comprehensive trust litigation support, including in Santa Clara, San Jose, Silicon Valley, San Mateo, Orange County, and San Diego. Whether urban neighborhoods or suburban communities, families receive dedicated legal care protecting their inheritance and securing rightful trust distributions.

If you face concerns about a trustee’s handling of health-related distributions under the HEMS standard, contact Hackard Law at 916-313-3030 or visit http://hackardlaw.com. The firm stands ready to defend beneficiary rights with compassion and legal expertise.

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