Friday, 22 September 2023


Dewey & Sons Painting set up to work on Upper Lake Library. Courtesy photo.

UPPER LAKE – People passing Upper Lake’s historic Harriet Lee Hammond Library and seeing the forest of ladders around the building might wonder what’s happening there.

The library is undergoing a much-needed facelift.

Dewey & Sons Painting of Lakeport is repairing and sealing the stucco exterior and painting the 92-year-old library.

Major cracks and holes in the stucco had impaired its beauty. The repairs, sealing and painting will protect the exterior many years to come. The library is open during the repair work, which library

officials expect to be finished early in April, weather permitting.

Librarian Linda Bushta is delighted with the progress and describes the new look as amazing. A new sign in front of the library completes the refurbished look for the building that has served local readers for so many years.

Upper Lake has had library service since 1914 when the Upper Lake Women’s Protective Club and other interested citizens set up a library in J.N. League’s store downtown.

In 1916 Lottie Mendenhall and Amy Murdock donated the land at Main and Second Streets for a library in memory of Charles Mifflin Hammond.

Harriet Lee Hammond donated the money for the building and hired a well-known Boston architect, A. W. Longfellow, to design the building.

The Hammonds came from Massachusetts to Lake County in the late 19th century to farm. They were active in civic affairs in Lake County, donating time and money to support local causes.

After Mr. Hammond died in 1915, Mrs. Hammond returned to Massachusetts, but her interest in,

and support for, the library lasted until her death in 1936.

The ULWPC ran the library until a library tax district was formed in 1941. In 1975 Upper Lake joined the newly-formed Lake County Library and continues to function as a branch of the county system.

The Upper Lake Library, 310 Second St., is open Tuesday, Thursday and Friday from 1 p.m. to 6 pm, and Wednesday and Saturday, 10 a.m. to 3 p.m. The phone number is 275-2049.

The Lake County Library Web site is



KELSEYVILLE – Sheriff's investigators believe an argument was the basis for an early morning shooting in Kelseyville.

Two men were shot after a struggle over a handgun, during which the handgun discharged, striking one man in the hand and the other in the head, according to a report from Capt. James Bauman of the Lake County Sheriff's Office.

The gun went off while in the hand of Leroy Thomas Anderson, 27, of Chico. Teodulo “Junior” Tovar of Lakeport, 21, was struck in the hand, while Alvin Waylon Olson, 23, of Kelseyville was hit in the head by the bullet, according to Bauman.

Bauman reported that, late Tuesday morning, Anderson was booked at the Lake County Jail on two felony charges – assault with a firearm and willful discharge of a firearm in a negligent manner. He is still in custody with bail set at $15,000.

At about 1:40 a.m. Tuesday, sheriff's deputies responded to a reported shooting at a residence on Eastlake Drive in Kelseyville, Bauman said. Sheriff’s dispatch received a 911 call from the home reporting that an unidentified male subject showed up at a party there and “randomly” shot another male subject in the head.

Bauman said as many as five sheriff’s units responded to the area and rescue personnel from the Kelseyville Fire District were dispatched to stage until the scene was secured.

When the first sheriff’s deputies arrived at the scene, Anderson, the suspected shooter, was detained without incident. Bauman said rescue personnel were then cleared to respond in to treat Osborn for a gunshot wound to the head.

As additional sheriffs units arrived at the scene, dispatch received information that a second victim, later identified as Tovar, had also been shot and was being transported to Sutter Lakeside Hospital by friends, Bauman said. Units from the Lakeport Police Department and the California Highway Patrol were requested to respond to Sutter Lakeside pending Tovar’s arrival.

Sheriff’s detectives were called out to assist with processing the scene and to interview witnesses. Bauman said a weapon was recovered and Anderson was later transported from the scene to be interviewed.

Following preliminary treatment by local rescue personnel, Osborn was transported by air ambulance to Santa Rosa Memorial Hospital in critical condition, said Bauman. Tovar was treated for a gunshot wound to the hand and later released from Sutter Lakeside.

Bauman said much about the shooting has yet to be investigated, but preliminary information indicates that Osborn, Anderson, Tovar and several others had gotten into a verbal argument during the party.

At some point during the argument, Tovar and Anderson engaged each other and Anderson allegedly produced a .45-caliber handgun from his jacket to ward off Tovar’s aggression, Bauman said. As Anderson was backing away from Tovar, he was reportedly struck on the head by a bottle from behind and as he and Tovar began struggling over the gun, the weapon discharged.

Tovar was shot in the hand but the round then struck Osborn in the head as he was apparently trying to help Anderson, Bauman said.

Bauman said investigation into the shooting is continuing, and detectives are currently working with the District Attorney’s Office on a search warrant for the scene on Eastlake Drive

Osborn’s current condition at Santa Rosa Memorial Hospital is unknown and further information on the case will be released as soon as practical, Bauman said.

ANGWIN – A North Coast family who died earlier this month in a plane crash in Butte, Mont., will be remembered at a weekend funeral service.

Services for the Jacobson family of St. Helena will be held at 4 p.m. Saturday, April 4, at Pacific Union College Church in Angwin.

The Jacobsons were with two other families traveling to Montana for a vacation when their small plane crashed near a Butte, Mont. cemetery on March 22. In all, 14 people died.

“We are heartbroken and empty at the sudden loss of our beloved Erin, Amy, Taylor, Ava, and Jude, as well as family and friends in the Pullen and Ching families,” said John, Judy, Paul, Brenna and Winston Jacobson in a written statement. They also sent out their condolences to the relatives of the other plane crash victims.

The family added, “The outpouring of prayers and support from family, friends, colleagues, patients, and community has sustained us during this ordeal; we offer our grateful thanks. As we go forward, we will treasure the priceless memories and celebrate the unique goodness of each of our dear, beloved lost ones.”

Messages of condolences can be sent to the Jacobson family in care of St. Helena Hospital, 10 Woodland Road, St. Helena, CA 94574.

Tesoro Flowers in St. Helena is handling floral orders for the family and memorial service. Those who wish to send flowers to the family’s home or to the church, may call 707-963-3316.

The Jacobson family requests that tribute donations be made to the following organizations:

  • The Erin Jacobson Vision Legacy Fund, St. Helena Hospital Foundation, 10 Woodland Road, St. Helena, CA 94574, telephone 707-963-6208;

  • The Leukemia & Lymphoma Society, Greater San Francisco Bay Area Chapter, 1390 Market St., Suite 1200, San Francisco, CA 94102, telephone 415-625-1100, online donations may be made at;

  • The Smile Train, 41 Madison Ave., 28th Floor, New York, NY 10010, telephone 800-932-9541, online donations may be made at

LAKEPORT – Faced with economic challenges, the Lakeport Regional Chamber of Commerce is asking for the community to help fund this year's July 4 firework display.

Over the last two decades the Lakeport fireworks display has been a major draw at the lake's north end.

“For all of these years the chamber has done the fireworks – we signed the contract, we did the whole things,” said Chamber Chief Executive Officer Melissa Fulton.

Fulton said the chamber has funded the fireworks through the annual “add a dollar” campaign, assisted through local merchants, as well as large donations to the effort by the city of Lakeport.

But last year the city didn't budget the more than $13,000 of the total $18,000 bill that it usually pays toward the event. After discussing the issue over several meetings, the council agreed in March to give the chamber $5,000 toward the total costs from the city's redevelopment budget, as Lake County News has reported.

The chamber previously had projected an $11,000 deficit for this year. Fulton said the financial picture has since improved slightly, due to laying off one staffer and cutting back on expenses. “I'm hoping we come out in the black.”

Still, Fulton said that, due to its financial constraints, the chamber can't fund this year's fireworks display, so they're going to the community to ask for assistance.

“If the community feels that the fireworks are important, then they'll help us,” said Fulton. “It will be a community fireworks program.”

She said she will once again seek a monetary contribution from the city. The chamber and the city haven't discussed whether or not the city will restore full funding in the future.

Fulton said, so far, the support and enthusiasm appears to be there, despite the economic issues everyone is facing. This year's display also is estimated to draw larger crowds in the wake of the city's recent decision to deny the applications of four nonprofit groups seeking to sell safe and sane fireworks.

The chamber formed a fireworks committee which began meeting in February, Fulton said.

The committee includes Lakeport Mayor Ron Bertsch, who also represents the Early Lake Lions; Ross Kauper, Lakeport Kiwanis; Kevin Burke, Lakeport's police chief and interim city manager; Leslie Firth, Lakeport Main Street Association president and a chamber director; Armand Pauly, a chamber director; Barbara Breunig, Lakeport Main Street Association treasurer; and Richard Knoll, Lakeport Redevelopment Agency director.

Fulton said the group has met three times so far, and will hold another meeting at 3 p.m. Tuesday, April 7, at Lakeport City Hall, 225 Park St. The public is invited to attend.

The committee has looked at ways to cut back on the estimated $17,300 that the display will cost this year – an amount which doesn't include the cost for sound system rental for the boat parade, said Fulton. The celebration won't feature the coordination of fireworks and music as it has in the past.

To keep costs down, Fulton said the committee considered having the fireworks fired off from land, specifically Natural High School's campus on Main Street.

Fulton said the fireworks company representative visited Lakeport earlier this year and determined they could do the firing from land, but they wouldn't be able to use the largest fireworks, which are 6-inch shells.

The committee decided it wanted to have the same size show as in previous years, so they chose to have the display fired from barges the chamber purchased several years ago for the fireworks display, Fulton said.

The committee has created several corporate sponsorship levels to support this year's fireworks display, including Betsy Ross, $50; Ben Franklin, $75; Abraham Lincoln, $100; George Washington, $500; and Uncle Sam, $1,000.

For more information on the committee or to make a donation, contact Fulton at 707-263-5092 or via e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it..
E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

The area near mile post marker 44.19 on Highway 20 has been the site of six serious collisions over the last two years. Courtesy photo.



CLEARLAKE OAKS – As Highway 20 winds out of Lake County, it takes drivers past Walker Ridge Road and mile post marker 44.19, an area that is getting extra attention from officials due to a high number of collisions, including a fatal one last year.

In the past two years six crashes have occurred at the spot, just east of Walker Ridge Road and across the highway from the Abbott and Turkey Run mercury mines, roughly 15 miles east of Clearlake Oaks.

The most recent crash – which occurred on March 16 – sent two women to area hospitals following an extensive rescue effort, as Lake County News has reported.

Northshore Fire Protection District Battalion Chief Pat Brown told Lake County News that there have been six crashes at that site over the last two years. Area firefighters have done a total of four such low-angle rope rescues in the area, where a steep embankment comes off the road. That was the case on March 16.

Phil Frisbie, a spokesman for Caltrans, confirmed that there have been six collisions at the spot, including the March 16 crash.

All of the collisions, Frisbie said, occurred when the road was wet or icy.

He added that speed appears to have been the primary cause of all of the crashes previous to the March 16 incident. The CHP has offered no preliminary finding on that crash's cause yet.

Frisbie said the speed limit in the area is 55 miles per hour, but there is an advisory sign which cautions a slower speed. It's easy to go above the posted speed unless one is breaking or downshifting, he noted.

“Last year we performed an initial investigation of the area,” he said.

As a result, last November Caltrans installed enhanced signage for eastbound travelers and changed the speed advisory sign, reducing the suggested speed from 40 miles per hour down to 35 miles per hour and making the sign larger, Frisbie said. In addition, they added a right arrow to try to get people's attention.

The six collisions is “above what we would expect for that area,” he said.

“That's why it came up on our radar this last year when we started the investigation,” said Frisbie.

A fatal collision took place in the area on Memorial Day 2008, as Lake County News reported last year.

Debra Curtis of Suisun City was driving eastbound mid-afternoon when she lost control of her vehicle during a short rain shower, according to the initial CHP report.

Curtis' Ford Escape spun out and hit a Lexus RX300 driven by Delores Zeni of Santa Rosa. Zeni's passenger, 72-year-old Judith Tilt of Sebastopol, died at the scene.

Both Delores Zeni and Robert Zeni of Santa Rosa were flown to Santa Rosa Memorial Hospital with major injuries. Curtis, also suffering major injuries, was flown to Enloe Hospital in Chico.

CHP eventually ruled that the collision's cause was unsafe speed for conditions, said CHP Commander Mark Loveless.

Curtis is now facing prosecution for the crash, according to Chief Deputy District Attorney Richard Hinchcliff.

He said Curtis, 50, was charged with misdemeanor vehicular manslaughter without gross negligence. The maximum time she could receive upon conviction is a year in the county jail.

Hinchcliff said he couldn't discuss any previous record Curtis might have, and said such issues are only taken into consideration at the time of sentencing, not when a charging decision is being made.

Neither Hinchcliff nor Loveless had a determination about Curtis' alleged speed at the time of the crash.

Curtis' case is set to be in court April 6 for disposition or setting, said Hinchcliff.

The law firm Carter and Carter of Lower Lake is defending Curtis.

Partner Angela Carter believes that it's the roadway that's the issue – not Curtis' driving.

“We're aware of the problems with the roadway and we believe that once we can prove what's going on with the roadway that it will vindicate our client,” she said.

Frisbie said Caltrans' investigation into the area is continuing.

Loveless said CHP is providing the May 2008 crash report to Caltrans for its investigation.

“We're going to be testing the pavement to see if there is anything we need to do or anything that we can do to enhance the performance of that pavement,” Frisbie said.

They'll also look at other sign improvements, he said.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

Firefighters work at the fire scene on Sunday evening. Photo by Harold LaBonte.



LAKEPORT – An unoccupied 60-foot mobile home near Lakeport burned to its steel frame early Sunday evening.

Kelseyville and Lakeport Fire Protection districts responded to a reported residential structure fire at an address just northeast of Konocti Vista Casino on Mission Rancheria Road near Soda Bay Road at 7:30 p.m. Sunday.

The fire had reduced the home to its floor within 15 minutes.

A Lakeport Fire Protection District staffer said they had been at the same location last October.

Emergency personnel were able in October to extinguish the blaze before the structure had time to burn to the ground.

No electrical or propane gas services appeared to be connected to the structure. Officials at the scene would not offer any conclusion regarding the fire's source.

Debris from the 2008 fire was still visible. A melted toaster, damaged washing machine and several children’s toys littered the area.

As of 8:15 p.m. no apparent injuries to civilians or emergency personnel were reported according to Lakeport personnel.

E-mail Harold LaBonte at This email address is being protected from spambots. You need JavaScript enabled to view it..



Kelseyville and Lakeport Fire personnel responded to the scene, where a fire also had been reported last October. Photo by Harold LaBonte.

WASHINGTON – A new bill introduced on Tuesday is meant to aid in the protection of thousands of acres of our nation’s shrinking agricultural lands and open space.

Congressman Mike Thompson (D-Napa Valley) introduced the bill, which will permanently allow landowners to get significant tax deductions if they place a conservation easement on their property.

These conservation easements allow property owners to continue using the land, while protecting the land from future development.

“We’ve seen a 50-percent increase in conservation easements since Congress passed my provisions to enhance these tax benefits on a temporary basis in 2006,” said Congressman Thompson.

If current development trends continue in California, another two million acres will be paved over by 2050, Thompson said. “It’s time we made these protections permanent. By making sure that landowners can count on this program, we’ll take a big step forward in preserving our agricultural lands and open spaces.”

When landowners donate a conservation easement, they maintain ownership and management of the land and can pass the land on to their heirs, while forgoing their rights to develop the land in the future.

Conservation easements have historically been an effective tool for protecting farmland and open space, and Thompson anticipates this bill will enable more farmers and other property owners to conserve their land. The bill enjoys broad support from a grassroots coalition of farmers, and conservationists.

The tax provisions allow property owners to get a deduction of up to 100 percent of their adjusted gross income for 15 years.

These tax provisions have a long record of success. In August 2006, Congress passed provisions written by Thompson that enhanced the tax incentive for the donation of conservation easements by allowing landowners to deduct a larger share of their income over a longer period of time.

With these enhanced tax provisions, 535,000 more acres were put into trusts in the last two years, according to a survey by the Land Trust Alliance.

The first land protected by Thompson’s provisions were in California’s 1st District, which includes Lake County.

Andy Beckstoffer of Beckstoffer Vineyards gave a conservation easement on 89 acres of the historic To Kalon vineyard in Oakville just five days after the measure was signed into law.

The new bill currently has 93 cosponsors. Thompson is a member of the Ways and Means Committee, which has jurisdiction over all tax measures in Congress.

CLEARLAKE – This Thursday, a special event to remember those lost to drunk driving collisions and their families will be held in Clearlake.

Team DUI will host the candlelight vigil at 6:30 p.m. at the gazebo in Clearlake's Austin Park, 14077 Lakeshore Drive. The community is invited to attend.

The award-winning group formed a few years ago. It includes local officials and citizens who work together to fight underage drinking and drinking and driving. They've presented programs to more than 1,500 local students.

Speakers at the hour-long vigil will include Lake County Sheriff's Capt. Russell Perdock, Chris Tyner, Konocti Unified School District Superintendent Bill MacDougall and Wendy Jensen.

Plans also include a moment of silence and offering luminaria – small paper lanterns – to remember those who have died in DUI crashes, said Larry Fanning, a Team DUI member and pastor of Clearlake's First Baptist Church. Fanning will serve as the vigil's master of ceremonies.

The genesis of the event, said Fanning, came in January at the Judge's Breakfast, hosted by Judge Richard Freeborn at the Main Street Cafe in Clearlake.

Fanning said local law enforcement officials were discussing the 20th anniversary of a crash that claimed the life of three Lower Lake High School students and top athletes – Joseph Dizon, 18; Joshua Burke,18; and Frank Doyle, 19.

The collision occurred on Jan. 14, 1989.

A chaplain with Clearlake Police for 15 years, Fanning said he's used to seeing law enforcement hide their emotions. But as the men spoke about this case, he could see the emotion. Fanning said the story also brought MacDougall, who was in attendance, to tears.

“Twenty years later and there's all this emotion,” said Fanning. “This needs to be used for something positive.”

Fanning started looking into the case, and found that everyone familiar with the incident had a story. “It was a very powerful event for the high school students of the day.”

The car the three young men were riding in hit a tree a few hundred feet away from a party. The driver of the car survived and went to prison, Fanning said. “It's a very tragic story,” he said. “It was just horrific.”

Team DUI decided to hold an event later in the year, during April, which is a month that focuses on DUI prevention, Fanning explained.

He said some of the speakers at the Thursday vigil will discuss the 1989 crash.

Fanning spends at least one night a week riding with Clearlake Police officers.

He said he's been at crash scenes and watched drunk drivers trying to get out of their cars and walk away. He's also accompanied police to parties where young people were drinking. It's an unusual situation for Fanning, who doesn't drink.

Fanning said part of the emphasis of the Thursday vigil is to commit the community to facing the issue of drunk driving.

“It's not going to go away,” he said.

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Congressman Mike Thompson (left) and former District 3 Supervisor Louise Talley served up dinner on Saturday, March 28, 2009. Photo by Elizabeth Larson.




LAKEPORT – Mike Thompson hosted his big annual ravioli feed Saturday and gave residents an update on the latest in Congress and the issues on his plate.

The event took place Saturday evening at the Lake County Fairgrounds in Lakeport.

At the fairgrounds entrance a small group of protesters gathered at 4 p.m. to welcome those who came to the event, which ran from 5 p.m. to 7:30 p.m.

James Henderson, Dave Rinker, and David and Nancy Morgan, all of Lakeport, and Lucerne resident Donna Christopher held signs with slogans like “Ron Paul for Liberty”; they also had a pitchfork and Christopher's own homemade “TARP fork” to demonstrate their displeasure with the government in general and, in some cases, Thompson in particular.

“It's like our politicians don't want to hear us,” said Rinker, who added that he wanted the Federal Reserve audited because he said it's the source of 95 percent of the country's problems.

He said his problems were with government at large.

“Mine's with Thompson,” said Christopher.

Relating to the TARP bailout last fall, Christopher said, “First he voted no and then he voted for it.”

She said a better solution would have been to buy the troubled institutions outright, which would have benefited taxpayers more. Anything that's so big it can't be allowed to fail is too big, she said, referring to companies like AIG.

Henderson added that the government shouldn't reward people for being dishonest.

Inside, about 500 people came to participate in the annual event, where Thompson thanked community members for all of their support. “You make doing my job so much easier.”

He said right now – in the face of some of the toughest challenges the country has ever seen – he needed voters' friendship and support more than ever.

Thompson said he believed the country will come out of its current struggles bigger and better than ever. “It's just going to take a while to do it.”

He gave a brief rundown of issues, from unemployment to the health care to the economy, and pointed to what he said are promising signs, among them better results on Wall Street.




From left, James Henderson, Donna Christopher, Nancy and David Morgan, and Dave Rinker protested outside of the event. Photo by Elizabeth Larson.




Regarding President Barack Obama's proposed budget, Thompson said, “This is the first honest budget we've had,” a statement which received applause.

Health care, education and renewable energy are three big issues Thompson hears about a lot from constituents.

On the topic of green energy, Thompson gave Lake County kudos for showing the way with its recently launched 2.2-megawatt solar project. That solar project powers the movement of wastewater to The Geysers where it is injected into the steamfields, which in turn replenishes the supply of steam needed to produce geothermal power.

“Thanks for showing us the way to do that,” he said.

Thompson also had some new numbers relating to what the county can expect to see from federal stimulus money.

He said that local education is slated to receive about $4 million, plus more than $1 million for transportation.

The stimulus will help create or save 8,000 jobs throughout the First Congressional District, he said.

To make the recovery work, he said, the country needs to go in “all shoulders to the wheel.”

Thompson also gave a report on his March 25 telephone town hall.

In his 19 years in elected office, Thompson said he's conducted many town halls, and usually gets between 40 and 50 peoples. The telephone town hall – which isn't meant to replace the traditional ones – had an estimated 9,156 who participated. Those numbers were for people who remained on the line for at least 20 minutes.

He also received 200 voice mail messages afterward, most of them offering good, constructive comments and questions.

Asked after the event about his reaction to the protesters outside, Thompson said he understands their concerns and frustrations, but he stood by his choices relating to the TARP bailout.

“You can't just let everything fall off the edge,” which is what would have happened had Congress done nothing, he said.

“If we hadn't passed the stimulus it would have been terrible,” said Thompson.

The stimulus, he added, won't turn everything around. Instead, it will help stabilize the economy.

What gets lost in the numbers discussion, he said, is the toll on people struggling in the current economic climate.

He said he didn't hear from the protesters when President Bush was giving tax cuts to the rich and not including the wars in Iraq and Afghanistan in the federal budget.

Local clubs that assisted with the event included Rotary Interact and 4-H.

Thompson collected e-waste again this year, and nine refurbished computers were donated to local nonprofits through the efforts of Steve Wyatt, owner and chief executive officer of Computer Recycling Co., who collects the older electronics throughout the seven counties in Thompson's district.

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A particularly nettlesome area of estate planning – one fraught with potential danger – is the area of substantial gifts transferred in California by “dependent persons” [as California residents] in favor of an unrelated “care custodian” (e.g., a caregiver who is not related by blood or marriage to the dependent person).

For example, consider an elderly person aged 65 years or older, or a disabled non-elderly person, who makes a large gift to an unrelated person who provides care by driving them to the hospital, preparing their meals, assisting them with their other personal needs – taking medicine, bathing – and so on.

This scenario frequently applies to elderly persons who are neglected by their natural family while alive.

Public awareness of this nettlesome rule is important because the proposed transfer, when legitimate, can be validated if independently reviewed in advance by a disinterested (unbiased) attorney who issues a certificate of independent review. Obviously, this must occur while the “dependent adult” is still alive. This review requires proactive action.

Now, let’s examine Probate Code section 21350.

In order to prevent abuse and fraud being perpetrated by caregivers upon their presumably vulnerable dependent persons, section 21350 of the Probate Code presumptively invalidates transfers (or gifts) made by dependent persons to these unrelated care custodians unless the transfer is reviewed by an independent attorney who issues a “certificate of independent review.”

The certificate validates the transfer. Knowing when a transfer might later on become susceptible to being subsequently characterized by an adverse party, such as the dependent’s heirs who lost out, as being an invalid transfer is important.

Recognition should prompt a certificate of independent review being obtained out of prudence. Often the certificate of independent review is requested of the dependent adult’s own attorney when drafting their will or trust, which includes the substantial gift. The drafting attorney will then usually advise their client to see a second neutral attorney to review the matter and issue a certificate.

When might the rule apply to invalidate a gift? First you need a “dependent person”. That means anyone age 65 or older and younger persons with significant disabilities.

Second, you need a transfer whose value exceeds $3,000 in the case of a person whose estate is greater than $100,000 or a transfer of any amount in estates under $100,000.

Third, you need an unrelated care giver – that is someone who is unrelated by blood or marriage to the dependent person.

Fourth you need a “care custodian,” also known as a “caregiver.” Whether the recipient is a “care giver” is where the litigation controversy abounds (usually after the dependent person is dead).

The concept of “caregiver” is broadly defined and includes, “persons providing care or services for elders or dependent adults."

If the foregoing pattern appears relevant to a situation then a certificate of independent review should be obtained, and, in some other instances a court ordered “substituted judgment” order approving the proposed gratuitous transfer (involving conservatorships).

The attorney drafting that certificate must be someone who is so entirely disassociated from the transaction and the care giver as to be able to independently and confidentially advise the dependent adult who is their client as to the nature and consequences of the proposed transfer.

The whole purpose of the second attorney’s independent review is to ensure that the proposed transfer is not, “the product of fraud, menace, duress, or undue influence.”

Presumably, if the certificate itself were to be challenged as being a “rubber stamp” issued by the reviewing attorney then the certificate itself will likely only be as good as the second attorney’s underlying independent review upon critical examination.

Dennis A. Fordham is an attorney licensed to practice law in California and New York. He earned his BA at Columbia University, his JD at the State University of New York at Buffalo,and his LL.M in Taxation at New York University. He concentrates his practice in the areas of estate planning and aspects of elder law. He can be reached at dennis@dennisfordhamlaw, by phone at 263-3235 or at his office at 55 First St., Lakeport.

Stoney Prior was arrested March 28, 2009, in Nevada. Courtesy photo.


CLEARLAKE – A parolee who allegedly cut off a GPS tracking bracelet and fled the county earlier this month has been arrested.

Stoney Martin Prior, 31, was arrested Saturday in Humboldt County, Nev., according to officials.

Prior, a high-risk sex offender, had gone missing March 12 after he allegedly took off the bracelet in Lower Lake. Last week officials reported that they believed he was in the area of the Fort McDermitt Indian Reservation in northern Nevada, as Lake County News has reported.

California Department of Corrections and Rehabilitation spokesman Gordon Hinkle said Prior was paroled on March 10.

Hinkle said Prior had been committed to state prison in January of 2005 for assault with the intent to commit a specific sexual offense. As a result Prior was placed on the state's Megan's Law Web site, which tracks convicted sex offenders.

Prior had reported to the Ukiah parole unit at noon on March 12 to be fitted with the GPS bracelet, said Hinkle. The investigation revealed that at about 5:30 p.m. the same day, Prior allegedly removed the device. The device's removal was noticed by a parole officer the next morning.

A officer drove to Lower Lake, Prior's last known location, and attempted to find him by showing his picture at several local businesses, said Hinkle.

An attempt also was made to make telephone contact with Prior's grandparents, who had transported him from San Quentin State Prison to the Ukiah parole unit, but Hinkle said that also was unsuccessful.

Officials used GPS data to determine that 30 minutes before Prior allegedly removed the bracelet he entered a local gas station, said Hinkle. His parole officer contacted the gas station manager to request permission to see the surveillance tapes, which showed Prior getting into a minivan driven by his grandparents.

On the tape, the parole agent was able to get the vehicle's license plate, which was traced to an address in Winnemucca, Nev., said Hinkle. Information on other members of Prior's family also was collected during the investigation.

The Humboldt County, Nev. Sheriff's Office, which finally arrested Prior, got involved when parole officials contacted the agency for help in contacting Prior's grandparents, Hinkle said.

Last week, officials had reported that the van Prior left California in was reportedly found on the Fort McDermitt Indian Reservation, home to the Fort McDermitt Paiute and Shoshone Tribe.

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LAKE COUNTY – On Monday, be sure to offer a handshake and a thank you to a Vietnam vet.

On March 24, the US House of Representatives approved House Resolution 234, which declares Monday, March 30 as “Welcome Home Vietnam Veterans Day.”

Congresswoman Linda Sánchez (D-Lakewood) introduced the legislation on March 3. Sixty-three members of the House of Representatives co-sponsored the bill.

In a speech on the floor of the House of Representatives, Sánchez urged her colleagues to support the legislation (see her speech at

“With this legislation, we can help provide Vietnam veterans the heroes’ welcome they deserve, but that too many never received,” Sánchez said in a written statement. “While today’s resolution may seem like a small gesture-and when compared to what our soldiers and their families sacrificed, it certainly is-it will serve to remind us of their service to our country.”

The March 30 date was chosen because it was on that date in 1973 that the US Armed Forces completed withdrawal of combat troops from Vietnam. The United States became involved in Vietnam in an advisory capacity in 1961 and began sending troops in 1965. More than 58,000 members of the US Armed Forces died in Vietnam, and more than 300,000 were wounded.

Sánchez became involved in the effort in 2003 after meeting Whittier resident Jose Ramos, an Army combat medic in Vietnam who has been advocating for the national recognition. Ramos founded the Welcome Home Vietnam Veterans Day effort in 2000, according to the Web site

Sánchez introduced the legislation in the 108th, 109th and 110th Congresses.

In 2007, Sen. Barbara Boxer introduced a bill in the Senate supporting the commemoration.

Welcome Home Vietnam Veterans Day was first commemorated last year, as Lake County News has reported.

Last year, Vietnam Veterans of America Chapter 951 held sales of commemorative clover sales – orange for Agent Orange victims and black for POW/MIAs – as part of a fundraising and education effort.

This year, however, the group didn't receive notice of the commemoration in time to organize an event, said Vietnam Veterans of America Chapter 951 President Dean Gotham.

The commemoration has yet to be made into a national holiday, which is the ultimate goal for veterans.

Last December, Gov. Arnold Schwarzenegger declared Dec. 10 through 14 “Welcome Home Vietnam Veterans Week.” In his proclamation he noted that Dec. 10, 2008, was the date that the California Vietnam Veterans Memorial was dedicated as a tribute to the 5,822 residents who died in the war.

“Although many years have passed since the war ended, it is never too late to thank our veterans for their outstanding service,” Schwarzenegger said.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..


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