Unpleasant surprises can be in store for the adult children and grandchildren of elderly and dependent persons who are neglected personally or whose affairs are not in order. Let’s discuss.

Consider an elderly grandparent who lives alone and whose adult children live too far away or are too busy to be involved.

Unscrupulous and predatory persons may enter into the grandparent's life as employed care givers or a so-called friends.

When only the predator is “looking after” them, elder abuse can easily start and can persist undetected before any action is taken.

By then many assets are usually lost and recovery may sometimes only be partially successful.

Once a predator gains the trust of a dependent elder they often proceed to coerce or to trick them in any number of ways.

They may wrongfully take charge of the elder’s finances and transfer assets to themselves while the elder is still alive to the detriment of the elder.

Alternatively, they might have the elder name them as the death beneficiary, or as joint owner with right of survivorship, on the elder’s financial accounts, annuities, and life insurance policies.

Similarly, the predator might be named as a beneficiary on a new will or trust without the elder's family knowing.

The likelihood and extent of the harm may be reduced if a trusted family member is the elderly person's agent for financial, property and legal matters and/or trustee under a revocable living trust.

That agent and/or trustee can monitor what is happening with the assets, inside and outside of the elder’s trust, and notify financial institutions in order to protect assets.

These predatory activities discussed above are often presumed by California law to be the product of fraud, undue influence and coercion, unless the predator is also related to the dependent adult through marriage, family, or cohabitation, and the presumption does not apply.

Predators may try to “legalize” their activities by marrying or cohabiting with their dependent adults in order to fit themselves within an exception to the fraud presumption.

Unfortunately, California’s “confidential marriage” law permits marriages to occur secretly without anyone else knowing. Thus confidential marriages often go uncontested. As surviving spouse, the predator has inheritance rights either as an heir or as an omitted spouse.

An elderly person’s family should always, therefore, be involved in the elder’s life, encourage the elder to get their affairs in order, and be vigilant when outside persons enter the elder’s life.

Next, consider an elderly person who while alive pays-off a debt that was secured against their home.

If the creditor neglects to sign a release of debt and to remove the lien then removing the lien years after the debt was paid-off is often difficult. It requires locating the creditor, who may not even still be alive, and getting the creditor's cooperation to sign a release of the lien.

Otherwise it means going to court. Whether any liens remain on fully paid-off debt should be determined and such liens promptly removed.

Also, consider the safekeeping of the elderly person's important documents. Problems may arise during the administration of the elder's estate when important documents are missing even though the estate planing was done.

Consider a missing will. In order to probate the will the original is needed. A mere photocopy is insufficient as the original may be presumed to have been revoked. Important documents need to be kept in safe and accessible.

Whether, when, what and how problems may arise depend on facts and circumstances that vary with each case.

Nevertheless, what is clear is that when an elderly person or their affairs is neglected unpleasant surprises often lie not too far down the road. The consequences can be costly for all concerned.

Dennis A. Fordham, Attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. and 707-263-3235. His Web site is www.DennisFordhamLaw.com .

LAKEPORT, Calif. – An elderly Lakeport man was arrested this week after police say he sexually battered a mentally incapacitated woman at a care facility where he also resided.

William Ernest Lukens, 81, was arrested Thursday evening, according to a report from Lakeport Police Chief Brad Rasmussen.

Rasmussen said that at 8:45 a.m. Monday officers were called to a Lakeport care home to investigate the report of a sexual battery. 

The initial investigation determined that the victim, a 73-year-old Lakeport woman, was medically incapacitated due to serious disabilities and unable to protect herself, Rasmussen said.

He said the investigation also identified Lukens – who recently became a resident of Lakeport and was living in the care facility – as the suspect in the case.

Rasmussen said the case was turned over to a detective who began a detailed investigation of the circumstances of the incident and Lukens' background.

In addition to the sexual battery it was determined that Lukens had exposed himself to a 23-year-old female staff member at the same care home, Rasmussen said.

The detective also found that Lukens had a previous felony conviction for a serious sex offense, had served time in state prison and therefore was required to register as a sex offender with the law enforcement agency whose jurisdiction he lived in, according to Rasmussen.

Rasmussen said Lukens had last registered in May with the Lake County Sheriff’s Office, when he reported that he was living in Nice.

Based on all of the evidence gathered, on Thursday evening Lukens was arrested on felony charges of sexual battery on a medically incapacitated and institutionalized victim, indecent exposure and failing to register as a sex offender in the city of Lakeport, Rasmussen said.

Lukens was transported to the Lake County Correctional Facility where he was booked on the charges, with bail set at $15,000. As of Friday evening, Lukens remained in custody, according to jail records.

He is tentatively scheduled to appear in court on Oct. 17, according to his booking sheet.

LAKE COUNTY, Calif. – Lake County Animal Care and Control has a shelter filled this week with dogs from the big working breeds.

Dogs available at Lake County Animal Care and Control this include mixes of boxer, German Shepherd, Great Dane, hound, husky, Labrador Retriever, Rottweiler, pit bull, pointer, shepherd and terrier.

Clayton fire dog update: This past week, the two remaining dogs rescued from the Clayton fire area found homes.

Dogs that are adopted from Lake County Animal Care and Control are either neutered or spayed, microchipped and, if old enough, given a rabies shot and county license before being released to their new owner. License fees do not apply to residents of the cities of Lakeport or Clearlake.

If you're looking for a new companion, visit the shelter. There are many great pets hoping you'll choose them.

The following dogs at the Lake County Animal Care and Control shelter have been cleared for adoption (additional dogs on the animal control Web site not listed are still “on hold”).

Pit bull terrier mix

This male pit bull terrier mix has a short blue and white coat.

He's in kennel No. 3, ID No. 6224.

Pit bull terrier mix

This female pit bull terrier mix has a short sable coat.

She's in kennel No. 5, ID No. 6245.

'Maggie'

“Maggie” is a female Labrador Retriever mix with a short brown brindle coat.

She's in kennel No. 6, ID No. 5537.

'Tank'

“Tank” is a male pit bull terrier mix with a short brindle and white coat.

He's in kennel No. 7, ID No. 6253.

Pit bull terrier mix puppy

This female pit bull terrier mix pup has a short red and white coat.

She's in kennel No. 8, ID No. 6284.

Pit bull terrier mix

This male pit bull terrier mix has a short red and white coat.

He's in kennel No. 10, ID No. 6287.

'Perchuan'

“Perchuan” is a male Rottweiler mix with a short black and tan coat.

He's in kennel No. 11, ID No. 3557.

Labrador Retriever

This female Labrador Retriever has a short all-black coat.

She already has been spayed.

She's in kennel No. 12, ID No. 6235.

Boxer-pit bull mix

This female boxer-pit bull mix has a short brindle and white coat.

She's already been altered, shelter staff reported.

She's in kennel No. 14, ID No. 6194.

Shepherd mix

This handsome male shepherd mix has a medium-length brown and black coat.

He's in kennel No. 18, ID No. 6266.

Terrier-pointer mix pup

This male terrier-pointer mix pup has a short black and white coat.

He's in kennel No. 19a, ID No. 6302.

Terrier-pointer mix pup

This female terrier-pointer mix pup has a short black and white coat.

She's in kennel No. 19b, ID No. 6303.

Terrier-pointer mix pup

This female terrier-pointer mix pup has a short black and white coat.

She's in kennel No. 19c, ID No. 6304.

Terrier-pointer mix pup

This female terrier-pointer mix pup has a short black and white coat.

She's in kennel No. 19d, ID No. 6305.

Terrier-pointer mix pup

This female terrier-pointer mix pup has a short black and white coat.

She's in kennel No. 19e, ID No. 6306.

German Shepherd

This male German Shepherd mix has a short tricolor coat

He's in kennel No. 22, ID No. 6278.

Rottweiler mix

This female Rottweiler mix has a black coat with some brindle markings.

Shelter staff said she need some training and is manageable on a leash. They said she is a very nice dog and knows not to jump when excited. After proper introductions, she has gotten along with other dogs she has met, including off-leash play. She would do best in a home with no cats.

She's in kennel No. 25, ID No. 5947.

'Koa'

“Koa” is a female husky mix with a medium-length black and white coat and blue eyes. She already has been spayed.

She's in kennel No. 26, ID No. 6166.

'Kenai'

“Kenai” is a female husky mix. She has a medium-length black and white coat and blue eyes, and already has been spayed.

She's in kennel No. 27, ID No. 6165.

Senior Labrador Retriever mix

This female senior Labrador Retriever mix has a short brown coat with white markings.

She's in kennel No. 28, ID No. 6246.

'Lucky'

“Lucky” is a male hound and Great Dane mix with a short black and white coat.

He's in kennel No. 30, ID No. 6026.

'Flora'

“Flora” is a female Labrador Retriever mix with a short black and white coat.

She already has been spayed, which should lower her adoption cost.

She is in kennel No. 30b, ID No. 6041.

'Kilo'

“Kilo” is a male German Shepherd with a medium-length all-white coat.

He already has been neutered.

He's in kennel No. 31, ID No. 6252.

'Calie'

“Calie” is a female shepherd mix with a short black and tan coat.

She already has been spayed.

She's in kennel No. 34, ID No. 5065.

To fill out an adoption application online visit http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Dog___Cat_Adoption_Application.htm .

Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.

Office hours are Monday through Friday, 11 a.m. to 5 p.m., and 11 a.m. to 3 p.m., Saturday. The shelter is open from 11 a.m. to 4 p.m. Monday through Friday and on Saturday from 11 a.m. to 3 p.m.

Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm .

For more information call Lake County Animal Care and Control at 707-263-0278.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

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CLEARLAKE, Calif. – A late night fire burned a motel structure at the sight of the former Wisedas Resort in Clearlake that had survived a fire three and a half years ago.

The fire at 14395 Lakeshore Drive was reported shortly after 11:15 p.m. Thursday.

Firefighters arriving on scene reported that the rear of the two-story structure was on fire.

Nearby residents reported on Lake County News' Facebook page that the fire gave off heavy smoke and embers that impacted the area.

Lake County Fire was first to arrive on scene, and put out the call for assistance from fire agencies around the lake, based on radio reports.

Cal Fire, Kelseyville Fire, Northshore Fire and Lakeport Fire sent resources, with a total of 15 engines, medic units and ambulances reported to be on scene at the height of the incident.

In particular, incident command requested ladder trucks from both Lake County Fire and Lakeport Fire. Cal Fire also brought in resources from its stations around Lake County, including Boggs Mountain.

Lake County Fire Chief Willie Sapeta also directed Central Dispatch to make notifications to Lake County Lakebed Management, Lake County Environmental Health, Lake County Air Quality and the California Department of Fish and Wildlife due to environmental concerns, and Highlands Water Co. because of the draw on the water system.

Sapeta reported over the air that the forward progress on the fire was stopped just after 1 a.m. Friday, with several hours of overhaul anticipated.

Shortly after 2 a.m., Sapeta asked Central Dispatch to notify the Sheriff's Marine Patrol that a “significant amount” of debris was coming off the former resort's back deck and going into Clear Lake.

At around 2:30 a.m., the Clearlake Police Department said the fire had resulted in the closure of Lakeshore Drive between Mullen and Howard avenues, and that a detour would be in place for three hours.

Much of the Wisedas Resort had been destroyed in a February 2013 fire, with the exception of a portion of the motel at the back of the property. Reports from the scene indicated that remaining building was the structure that burned overnight.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LOWER LAKE, Calif. – Four men were arrested this week during the service of a search warrant on a Lower Lake property, where authorities discovered an estimated 1,000 pounds of processed marijuana.

Juan Alvarez, 29, and Apolinar Contreras, 33, both out of Lower Lake; Jorge Padilla, 61, of Bodega Bay; and Eduardo Carrillo, 46, of Santa Rosa were taken into custody on Wednesday, according to Lt. Steve Brooks of the Lake County Sheriff's Office.

Brooks said that in August, during a routine overflight operation, Sheriff's Narcotics Task Force detectives located a large scale marijuana cultivation operation on a property in the 22000 block of Morgan Valley Road in Lower Lake.

On Tuesday, Sheriff's Narcotics Task Force detectives secured a search warrant for the structures and property located at that site and served the search warrant the following day, Brooks said.

Upon entering the property, detectives saw Alvarez and Contreras fleeing the property on foot. Brooks said both men ignored any order to stop by deputies and both were eventually apprehended after an approximately quarter-mile foot chase into the surrounding canyons.

Brooks said deputies detained Padilla at the scene.

The property contained two separate outdoor marijuana cultivation sites, which had been mostly harvested at the time of the warrant service, Brooks said. The property originally contained approximately 130 marijuana plants outdoors.

A large, approximately 60-foot by 40-foot commercial metal building was located that was completely full of processed marijuana. Brooks said an additional 10, 1-pound bags of processed marijuana also were located at the scene.

The total amount of bulk processed marijuana was more than 1,000 pounds, Brooks said.

Brooks said that while deputies were still on scene, later in the day, Carrillo arrived and also was placed under arrest.

Padilla and Carrillo were placed under arrest for felony charges of cultivation of marijuana and possession of marijuana for sale, while Alvarez and Contreras were arrested for felony cultivation of marijuana and possession of marijuana for sale in addition to resisting/obstructing a peace officer for fleeing the scene, Brooks said.

He said the men were transported to the Lake County Hill Road Correctional Facility and booked.

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CLEARLAKE, Calif. – Police arrested a Clearlake man this week after finding him with a rental truck filled with processed marijuana.

Calvin Lavern Jones, 53, was arrested Wednesday for cultivation of marijuana and possession of marijuana for sales, according to Clearlake Police Sgt. Tim Hobbs.

At 3 p.m. Wednesday the Clearlake Police Department received information from Clearlake Code Enforcement that a U-Haul trailer parked in front of a property in the 16200 block of 20th Avenue contained marijuana, Hobbs said.

Hobbs said U-Haul rental vehicles are commonly used to transport large amounts of marijuana. 

He said officers responded to the location and located a U-Haul trailer parked in front of the property.

Officers contacted Jones, who was standing near the trailer. Hobbs said officers observed 40 large plastic storage containers containing processed marijuana inside the trailer and in the property’s driveway. 

Jones was interviewed and admitted to owning the marijuana, which he transported to Lake County from a grow location in another county, Hobbs said.

Hobbs said Jones subsequently was arrested and later booked into the Lake County Jail. His bail was set at $15,000, and he later posted bail and was released, according to jail records.

The property was secured in anticipation of a search warrant being approved. Hobbs said officers subsequently obtained a search warrant issued by the Lake County Superior Court to search the property.

During the service of the search warrant approximately 1,340 pounds of partially processed and processed marijuana along with 522 growing marijuana plants were seized, Hobbs said.

Step outside on Oct. 16, and take a look at the moon. Not only will the moon be full, but on that day, the moon will be at it’s closest point to our planet as it orbits Earth. This makes the October full moon a supermoon.

The term supermoon has entered popular consciousness in recent years.

Originally a term from modern astrology for a new or full moon that occurs with the moon is within 90 percent of its closest approach to Earth in a given orbit, supermoon now refers more broadly to a full moon that is closer to Earth than average.

But why is the moon closer to Earth at some times but not others?

Since the moon’s orbit is elliptical, one side (perigee) is about 30,000 miles closer to Earth than the other (apogee).

The word syzygy, in addition to being useful in word games, is the scientific name for when the Earth, sun, and moon line up as the moon orbits Earth.

When perigee-syzygy of the Earth-moon-sun system occurs and the moon is on the opposite side of the Earth from the sun, we get a perigee moon or more commonly, a supermoon!

This coincidence happens three times in 2016.

On Oct. 16 and Dec. 14, the moon becomes full on the same day as perigee. On Nov. 14, it becomes full within about two hours of perigee – arguably making it an extra-super moon.

The full moon of Nov. 14 is not only the closest full moon of 2016 but also the closest full moon to date in the 21st century. The full moon won’t come this close to Earth again until Nov. 25, 2034.

The supermoon of Dec. 14 is remarkable for a different reason: it’s going to wipe out the view of the Geminid meteor shower.

Bright moonlight will reduce the visibility of faint meteors five to ten fold, transforming the usually fantastic Geminids into an astronomical footnote.

Sky watchers will be lucky to see a dozen Geminids per hour when the shower peaks. Oh well, at least the moon will be remarkable.

How remarkable?

A supermoon, or perigee full moon can be as much as 14-percent bigger and 30-percent brighter than an apogee full moon. However it's not always easy to tell the difference.

A 30-percent difference in brightness can easily be masked by clouds or the competing glare of urban lights. Also, there are no rulers floating in the sky to measure lunar diameters.

Hanging high overhead with no reference points to provide a sense of scale, one full moon looks much like any other.

Low-hanging moons, on the other hand, can create what’s called a “moon illusion.” When the moon is near the horizon it can look unnaturally large when viewed through trees, buildings, or other foreground objects. The effect is an optical illusion, but that fact doesn’t take away from the experience.

A supermoon is undeniably beautiful. And we can multiply that beauty by three as 2016 comes to a close.

Oct. 16, Nov. 14, and Dec. 14: mark your calendar and enjoy the super moonlight.

LAKEPORT, Calif. – The Lake County Registrar of Voters said that Oct. 24 is the deadline to register to vote for the Nov. 8 general election.

Registrar Diane Fridley said a completed voter registration form must be either personally delivered to the Registrar of Voters Office – in Room 209 on the second floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport – on or before Oct. 24, or postmarked on or before Oct. 24 and received by mail by the Registrar of Voters Office.

Residents may personally phone the Registrar of Voters Office to verify if their voter registration information is correct and up-to-date, Fridley said.

Fridley said residents may register to vote at the Lake County Registrar of Voters Office, phone staff at 707-263-2372 for a form to be mailed to them or register to vote online by visiting http://registertovote.ca.gov/ .

Registration forms also are available at most local post offices, libraries, city offices, and chamber of commerce offices, according to Fridley.

Section 2101 of the California Elections Code states, “A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.”

Fridley also advised new residents of Lake County, and registered voters who have moved to a new address, changed their mailing address within the county or changed their name that they need to register or reregister to vote no later than Oct. 24.

If you are a registered voter and your mailing address has changed, official voting materials (state information pamphlets, sample ballots, vote-by-mail ballots, etc.) cannot be forwarded to another address and will be returned to the sender by the postal service, Fridley said.

For voters impacted by the recent wildland fires, Fridley said that homeowners who lost their homes in the fire but who plan on rebuilding their homes on the same property in the future may continue to use their pre-fire residence address for this election and upcoming elections until they can return to their homes.