By planning ahead we can authorize a trusted agent to oversee our personal care during incapacity. Let’s examine the power of attorney for personal care.

“Personal care” encompasses a wide range of domestic and personal issues, including providing for our in-home care, maintaining our customary standard of living, taking care of our home and personal property, ensuring our transportation needs are met, taking care of our pets, picking up our mail, providing for our living arrangements – such as our placement into a nursing home or assisted living center – and hiring, compensating, and discharging our household and health care employees and providers.

Personal care issues involve transactions that impact our quality of life, while managing our assets affect the ability to pay for these transactions.

Most durable powers of attorney, however, are rarely drafted to deal with our personal care issues. Powers of attorney are typically drafted to address other important issues, such as our banking, government benefits, taxes, real property and investments.

Personal care issues – discussed above – are not expressly addressed in the typical durable power of attorney.

Granting the authority to make personal care decisions can be incorporated either into a broader durable power of attorney for finances or into an advanced health care, wherever more relevant.

Better yet, the authority can be placed into a separate standalone power of attorney for personal care

decisions. That way, each document can be used in the most appropriate context.

Banks, for example, will not be interested in the personal care provisions when examining a durable power of attorney for finances.

If personal care authority is incorporated into the broader durable power of attorney and advanced health care directives, then the same agent will have access to person’s financial resources necessary to pay for their personal care transactions.

This approach works well for attorney drafted durable powers of attorney, but for not the simple statutory power of attorney.

When using California’s simple one-page statutory power of attorney (and not a customized broadly drafted power of attorney), one should also consider a separate power of attorney for personal care.

The same persons can be named to act as agent under both powers of attorney. The durable power

of attorney for finances should expressly require the financial agent to pay for all transactions entered into by the agent for personal care decisions. The personal care agent must rely upon the durable power agent to pay for the personal care.

Finally, when different persons are named as agent under the advance health care directive than those who are named as agent under the power of attorney for personal care, the funeral, burial, or cremation arrangements should be left to the advance health care agent.

California law gives the health care agent priority over all other persons in regards to such arrangements.

Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235. Visit his Web site at www.dennisfordhamlaw.com.

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Assemblymember Mariko Yamada (D-Davis) said she will seek reelection in 2012, this time to the newly redrawn California Assembly District 4. Courtesy photo.

DAVIS, Calif. – A state assemblywoman from Davis said Thursday she will seek reelection next year, and will run for the newly drawn Assembly district that will represent Lake County beginning in 2013.

“The Citizens Redistricting Commission concluded its work on Aug. 15 after months of spirited public participation,” Assemblymember Mariko Yamada (D-Davis) said in a written statement.

“With the new maps now in place, I am announcing today that I will seek reelection in the new California Assembly District Four, which includes all or part of six counties – Colusa, Lake, Napa, Solano, Sonoma and Yolo, where I have lived for the past 16 years,” Yamada said.

Yamada, who was in Lakeport last weekend for an annual event for the local Democratic Party, said she is in her second term in the Assembly.

She said she will continue to “vigorously” serve the Eighth Assembly District, which includes parts of Solano and Yolo counties, until the end of the 2012 legislative session, when the new district lines go into effect.

“I now look forward to the honor of running to serve the residents of the newly-drawn Fourth District, by meeting, listening to and engaging with its residents and continuing my focus on agriculture, water, education, health care, public safety, veterans, and the critical issues of jobs, aging and long-term care,” she said.

Assemblyman Wes Chesbro, who currently represents Lake County in the Legislature, has indicated he will seek reelection to his third and last term next year, but as Chesbro is from Humboldt County, he will run for the new Second Assembly District.

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The robbery prosecution of Flynn Washburne, 51, ended quickly following his Aug. 8 arrest and subsequent appearance in Mendocino County Superior Court, where he entered guilty pleas on Aug.15 to two counts of robbery and admitted having already served two prior prison terms, according to a report from Mendocino County District Attorney C. David Eyster's office.

Sentencing is set for 9:30 a.m. Sept. 12 in the Ten Mile Division of the Mendocino County Superior Court in Fort Bragg. Eyster's office said Washburne is facing a sentence of up to eight years in prison.

Washburne’s case has been curious from the outset, detailed in part by his own postings on his Facebook page.

After his arrest, Washburne admitted to authorities that he robbed the Bank of America branch on State Street in Ukiah on July 27, and then fled on a bicycle.

That night he posted to Facebook: “Well, people. I’ve advanced into the big leagues. Without going into too much detail, I have definitely stopped fence straddling in the matter of being a criminal or not.”

Within a short time of the bank robbery, authorities were able to identify Washburne based on a photo taken of the robbery suspect by a bank security camera. A local newspaper published the photograph, and Washburne in turn posted a copy of the photograph on his Facebook site.

The next day – July 30 – Washburne walked into Cheshire Books on Franklin Street in downtown Fort Bragg, pointed what turned out to be a painted black handgun at the clerk and grabbed money from the store cash register. Authorities said he admitted to fleeing on foot and stopping briefly to change his clothing in an alley afterward.

Washburne eluded capture until Aug. 8, when a Fort Bragg resident who knew he was wanted saw him in town and called police.

Washburne is being held in Mendocino County Jail, and as of Monday was still making posts through proxies to his Facebook site while awaiting his sentencing.

“Cavalier posts regarding my criminal acts seem ill-advised and inappropriate,” his latest post read.

Washburne said an intermediary will continue to post on his behalf even while he’s serving time at San Quentin State Prison.

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“We're hoping for the best for all of those in the path of Hurricane Irene and we urge residents to take this storm seriously,” said California Emergency Management Agency Acting Secretary Mike Dayton.

“California stands ready to provide assistance to our sister states as they prepare for this natural disaster,” said Dayton. “We're appreciative of the help we received in the past and are glad to provide help in their time of need.”

In anticipation of the storm's impact, several eastern states have requested assistance through the Emergency Management Assistance Compact, a congressionally ratified agreement that provides form and structure to interstate mutual aid.

Through Emergency Management Assistance Compact, Cal EMA is in discussions with New York state to deploy possibly six emergency service coordinators with experience in Emergency Operation Centers and an Incident Management Team to assist in emergency response, remaining there until the situation stabilizes.

The Incident Management Team is the Easy Bay Type 3 Incident Management Team and consists of 36 first responders from Alameda and Contra Costa counties.

Expenses for the deployment will be covered by the states requesting assistance. Cal EMA will be in constant contact with emergency management staff on the East Coast for future requests.

California has also deployed several members to form an Urban Search and Rescue Task Force. These are common requested organized by FEMA and have responded to various disasters around the world.

California Task Force members deployed to the east coast include one member from CA-TF6 (Riverside), two members from CA-TF2 (Los Angeles), three members from CA-TF8 (San Diego).

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SACRAMENTO – California's governor has proposed a three-part California Jobs First plan that offers over $1 billion a year in tax relief for businesses that create jobs in the state.

“Boosting job growth in California is a top priority, and this proposal is a critical step in making sure the state does everything it can to support local job creation,” Gov. Jerry Brown said on Thursday.

“Our state has added 116,000 jobs since January, but we must do more to build economic momentum. This legislation would expand a currently existing job credit to make it more effective while adding new tax incentives for growth in the manufacturing sector,” he added.

The first part of the California Jobs First plan reforms and expands an underutilized tax credit for small businesses worth hundreds of millions of dollars.

To date, much of this funding has been left on the table because too many small businesses were excluded from the credit.

The governor’s plan expands eligibility to small businesses with up to 50 employees (up from 20) and the credit for each new hire will jump from $3,000 to $4,000.

These changes will encourage small businesses to hire immediately, as the credit will expire at the end of 2013.

The second part of the California Jobs First plan will give California’s economy an immediate shot in the arm by providing over $1 billion in tax relief to businesses that purchase new manufacturing equipment.

The plan exempts start-ups in their first three years from the state portion of sales tax (3.9375 percent) – and provides an exemption of 3 percent for all other firms – on manufacturing equipment purchases.

The exemptions will drive innovation, investment and growth by targeting many of California’s most dynamic industries, including manufacturing, biopharmaceuticals, clean energy and software.

The backbone of the California Jobs First plan is the application of the Mandatory Single Sales Factor (SSF) to all businesses in California.

This change levels the playing field by eliminating what Governor Brown called “an outrageous and perverse tax incentive that encourages multi-state businesses to create jobs outside of the state.”

This places California-based businesses at a competitive disadvantage and is a disincentive for out-of-state businesses to locate jobs here.

The revenues produced by closing this loophole will fund the expansion of the small business tax credits for new hires and the sales tax exemption for manufacturing equipment.

“Job creation is essential to our economic recovery and future budget stability,” said Senate Pro-Tem Darrell Steinberg. “Our tax laws should reflect that reality, rather than provide incentives for companies to increase their profits within California by investing and creating jobs outside of California.”

“Democrats in the Legislature fought hard all Spring and Summer to enact the Governor’s budget proposals to close the Single Sales Factor loophole and to generate in-state jobs – but the efforts fell short when no Republicans would step forward to support a compromise that would help California businesses,” said Speaker John A. Pérez. “It’s time to enact this common-sense plan that puts California’s economy and our jobs ahead of out-of-state tax loopholes.”

Brown’s proposal drew immediate praise from California job creators.

“As a company with several major manufacturing sites in this state, Boeing applauds the governor’s initiative to support manufacturing in California,” said Jeff Sweet, director of California Government Relations for the Boeing Co. “He understands the need for consistency and certainty to spur investment and job growth, and is seeking solutions that will help accomplish that goal.”

“The package proposed by the governor will make California more competitive with other states and provide a foundation upon which we can rebuild California's job base,” said Joe Panetta, president and chief executive officer, BIOCOM, “Governor Brown is to be commended for putting the strength of his office into these efforts.”

“The governor has shown great leadership in supporting job growth in the solar industry,” said Tom Werner, SunPower CEO. “With the kinds of policies proposed today, SunPower has expanded to more than 1000 direct jobs, including manufacturing jobs in Silicon Valley. In addition, thousands more solar jobs have been created at our dealers and partners who install the world’s highest efficiency solar systems across the state on homes, businesses, schools and power plants.”

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Jacobo Lopez Mejia was booked into the Lake County Jail on Tuesday, August 23, 2011, for several felony charges in connection with a fatal pickup rollover that killed two of his five passengers on Thursday, August 18, 2011, near Kelseyville, Calif. Lake County Jail photo.

LAKE COUNTY, Calif. – Following his release from the hospital the driver in a fatal rollover last week that killed two men has been taken into custody on several felony charges including vehicular manslaughter and driving under the influence.

Jacobo Lopez Mejia of Kelseyville was booked into the Lake County Jail on Tuesday, Aug. 23, the same day as he turned 24 years old, according to jail records.

He was arrested for felony gross vehicular manslaughter while intoxicated, vehicular manslaughter with gross negligence, two counts of driving under the influence of alcohol causing bodily injury and a misdemeanor count of driving without a license, according to jail records.

His booking sheet indicated he is being held without bail due to a felony immigration hold.

Mejia was driving a 1999 F-150 Ford pickup truck on Merritt Road outside of Kelseyville at 11 p.m. Aug. 18 when he went off the road and lost control, according to the California Highway Patrol.

The pickup flipped over several times, ejecting four of Lopez’s five passengers and killing two of them, the CHP reported.

On Wednesday CHP Officer Kory Reynolds identified the two fatalities as Kelseyville residents Hector Perez, 34, and Florentino Leon-Flores, 42.

The remaining passengers who were injured but survived included Kelseyville residents Abelino Gomez, 28; Armondo Gomez, 33; and Juan Perez, 22, according to the CHP.

Lopez Mejia was placed under arrest early on the morning of Aug. 19 but was transported to UC Davis Medical Center for treatment of moderate injuries, the CHP said.

Reynolds said the CHP’s case has not yet been forwarded to the Lake County District Attorney’s Office.

“It’s still under investigation,” he said.

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The thieves are responsible for stealing approximately 1,000 trout from the San Joaquin Hatchery on Sunday, Aug. 21, according to the Department of Fish and Game.

On that day, sometime between 3 a.m. and 4 a.m., someone forced entry into the hatchery, stealing the trout, and killing and leaving another 70 large trout in the process, the Department of Fish and Game reported.

The state said the stolen trout weighed 3 to 4 pounds each and had been growing in the hatchery for three years.

Fish and Game wardens have collected evidence at the scene and hope to get additional information from anyone who may have seen someone trying to sell the trout.

The value of the fish and the cost to repair the damage to the hatchery elevate the crime to a felony, the agency reported.

Citizens are encouraged to be watchful for anyone attempting to sell trout on the street, outdoors markets, or markets where trout are not normally sold.

Physical descriptions, vehicle license plate numbers, time, date and locations would be extremely helpful.

The toll-free, 24-hour CalTIP hotline is 888-334-2258.

For details on the CalTIP program, visit www.dfg.ca.gov/enforcement/caltip.aspx.

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The checkpoint will take place between 6 p.m. Friday and 2 a.m. Saturday.

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

:The desired result is to save lives and make everyone’s family summer excursion, for both our community residents and those visiting our beautiful county, a safe and pleasurable memory,” said Lt. Greg Baarts, CHP Area commander.

The sobriety checkpoint will be staffed by officers who are trained in the detection of alcohol and/or drug impaired drivers.

Drug recognition experts, certified by the National Highway Traffic Safety Administration, will be on site to provide on the spot assessments of drivers suspected of drug use.

The officers will also be equipped with state of the art hand-held breath devices which provide an accurate measure of blood alcohol concentrations of suspected drunk drivers.

“Traffic volume permitting, all vehicles will be checked and drivers who are under the influence of alcohol and/or drugs can expect to be arrested,” Baarts said.

He added, “Our goal is to ensure the safe passage of each and every motorist by targeting roads where there is a high frequency of drunk driving. DUI enforcement patrols, as well as sobriety checkpoints, are effective tools for achieving this goal and are designed to augment existing patrol operations. By publicizing our efforts, we believe that we can deter motorists from drinking and driving.”

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Paul Anthony Neuman, 33, of Lakeport, was arrested by Lake County Sheriff's deputies in March on a $2 million Idaho warrant, as Lake County News has reported.

Neuman's arrest in Lake County came the same month as he was indicted by the grand jury in Ada County, Idaho, according to a report from the office of Ada County Prosecutor Greg H. Bower.

On Aug. 18, Neuman entered a guilty plea to one count of robbery and one count of rape before Judge Thomas Neville in Ada County Court, according to Bower.

Neuman admitted to entering the Herb Tree Store in Meridian, Idaho, on Dec. 10, 2010. Wearing a mask, Neuman allegedly produced a gun and then robbed and raped the female store clerk just as the store was closing, according to Bower.

Bower said that immediately after the rape and robbery the female victim reported the crimes to police but was unable to provide a physical description of the assailant because of the mask and dark clothing.

DNA from the sexual assault kit was recovered and placed in the nationwide CODIS databank. Bower's report said that in January of this year, the state of Idaho received notice that a match to the DNA had been obtained out of California.

Meridian law enforcement was able to identify Neuman as the source of the DNA CODIS identification. Bower said law enforcement officials took a DNA sample from Neuman and verified that the DNA from the sexual assault was his.

After Neuman pleaded guilty to the robbery and rape charges last week, the prosecution dismissed the remaining charges in the case, according to Bower.

Bower said Neuman will be sentenced Oct. 17.

According to Idaho statute, both rape and armed robbery are punishable by life in prison at the discretion of the judge.

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A Cal Fire air tanker drops retardant on a fire in Clearlake Park, Calif., on Thursday, August 25, 2011. Photo by Kimberly Illia.

CLEARLAKE PARK, Calif. – A fire Thursday afternoon burned several acres of brush but claimed no homes as firefighters worked to quickly contain it.

The fire was reported on Crestview Drive in Clearlake Park after 2 p.m., according to radio traffic.

Lake County Fire Protection, Cal Fire and Northshore Fire responded to the blaze, reports from the scene indicated.

Witnesses reported that Cal Fire aircraft arrived and began water and retardant drops shortly before 2:30 p.m.

Lake County Fire and Cal Fire officials couldn't be reached Thursday afternoon, but Northshore Fire Assistant Chief Pat Brown, who responded to the scene along with a fire engine and water tender from his agency, said a total of eight acres was burned.

No structures were harmed, but some were initially threatened, he said.

Cal Fire – which sent six engines and two dozers – helped stop the fire at a ridge with its aircraft, Brown said.

At about 9:30 p.m., firefighters at the scene reported that, while there was some wind on the fire, the containment lines were holding well and that a day shift crew would return at 9 a.m. Friday to continue any needed work.

Radio reports indicated that firefighters remained on scene until about 10 p.m., when the incident was reported to be terminated.

The fire on Crestview Drive occurred two weeks to the day following a damaging fire along Lakeshore Boulevard in Clearlake Park that burned three homes and an outbuilding. The cause of that fire has still not been released by fire investigators.

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Kimberly Illia captured the shot of this Cal Fire helicopter as it dropped water on a fire in Clearlake Park, Calif., on Thursday, August 25, 2011.

Narcotics detectives said they found two ounces of methamphetamine, a digital gram scale, a calculator, packaging materials, records of drug transactions, a large amount of currency and other items related to the sale of controlled substances, and $2,361 in currency at the home of Carin Jones of Lower Lake, Calif., on Tuesday, August 23, 2011. Photo courtesy of the Lake County Sheriff's Office.

LOWER LAKE, Calif. – A Lower Lake woman was arrested this week after drugs, paraphernalia and drug sales records were allegedly found in her home.

Carin Kim Jones, 55, was arrested following a search warrant service at her home on Tuesday, Aug. 23, according to Michelle Gonzalez, public information officer for the Lake County Sheriff’s Office.

Gonzalez said Jones was contacted and detained in the driveway of her residence without incident.

A search of the residence was conducted by narcotics detectives and a Lake County Sheriff’s deputy and his K-9 partner, Gonzalez said. The search resulted in the discovery of a false panel above the bathtub in the home.

Carin Kim Jones, 55, of Lower Lake, Calif., was arrested at her home on Tuesday, August 23, 2011, following a search warrant service and the discovery of drugs and paraphernalia. Lake County Jail photo.

The panel slid open to reveal a safe hidden in the wall. Once opened, narcotic detectives discovered approximately two ounces of methamphetamine, as well as a digital gram scale, a calculator, packaging materials, records of drug transactions, a large amount of currency and other items related to the sale of controlled substances, Gonzalez said.

In addition, Gonzalez said $2,361 in currency was seized from Jones’ person and the safe pending asset forfeiture proceedings.

Jones was transported to Hill Road Correctional Facility where she was booked for possession of a controlled substance for sale, with bail set at $10,000. Jail records indicated she later posted bail and was released.

The Sheriff’s Narcotics Task Force can be contacted through its anonymous tip line at 707-263-3663.

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Another 74,000 veterans have claims pending, and will only need to show VA that they set foot in Vietnam and have one of the diseases added last year to the list of Agent Orange “presumptive” conditions.

Though these payments comfort veterans and their families, they have upset some Republican senators who argue they are “unfair” to fellow veterans and taxpayers, and drive up VA compensation claims at a time when budgets are tightening and needs are expanding for new veterans.

These senators argue the Agent Orange Act of 1991 is flawed, providing too much authority to the VA secretary and allowing compensation awards based on a mere “association” between a disease and herbicide exposure rather than evidence that exposure “caused” the ailments.

“We are transferring a half million dollars to veterans under this decision by Secretary Shinseki for people who weigh 350 pounds, smoke three packs of cigarettes a day, and have hypercholesterolemia because they will not take their medicine,” Sen. Tom Coburn (R-Okla.) complained to colleagues during floor debate on his recent amendment to tighten the law.

“We are saying the reason they have heart disease is because at some point in time they were in Vietnam” and their disease meets the law’s criteria of being “associated” with herbicide exposure.

Coburn in late July sought to change the law to block more conditions from being added to VA’s list of presumptive diseases for exposure to Agent Orange unless medical science can show a “causal” effect and veterans can prove they were exposed to the herbicide.

Coburn’s amendment to the Military Construction and Veterans’ Affairs Appropriations Act of 2012 was tabled on a motion from Sen. Patty Murray (D-Wash.). The vote was 69-to-30 with 29 Republicans supporting Coburn.

Though he lost this vote, Coburn will continue to try to narrow the Agent Orange law and trim back authority of the VA secretary for expanding the list of presumptive diseases, said his press aide, Becky Bernhardt.

Coburn’s amendment would not have impacted the current list of presumptive diseases, including conditions added last year. That wasn’t clear from his rhetoric during floor debate.

Coburn noted that in 2006 the Institute of Medicine (IOM) found no positive association between exposure to Agent Orange and heart disease.

By 2008 it had found a positive association “but absolutely no causation. There is a big difference… On that basis, the secretary committed this country to make payments to people for disabilities not associated with their service.” With a limited budget going forward, if we are paying for disabilities that are not associated with service, that means we are going to have less money available for those veterans who do have a disability.”

Arizona Sen. John McCain, ranking Republican on the armed services committee, endorsed Coburn’s amendment.

McCain had co-sponsored the Agent Orange Act of 1991 believing the herbicide had harmed the health of many thousands of veterans.

But the VA secretary “has now expanded the eligibility to the point where it is beyond any scientific evidence that compensation would be required,” McCain said.

He noted that heart disease “is the leading cause of death in America today and has been so for decades.” Yet any Vietnam vet with the disease now can be awarded compensation at a potential cost to VA of up to $42 billion by 2020 “without what appears to be a direct connection to Agent Orange.”

There are too many legitimate needs “for veterans of wars to come” to allow this “open-ended expenditure of taxpayers' dollars.”

Sen. Jim Webb (D-Va.), a Vietnam veteran like McCain, voted with fellow Democrats to table the amendment.

But Webb, who serves on the veterans’ affairs committee, later released a statement saying he agreed with Coburn that the 1991 law’s “associative” link between illnesses and exposure to Agent Orange “is too vague” and the law “gives too much discretion to the secretary of veterans affairs.”

“This discretionary power has been increasingly widened over time, impacting hundreds of thousands of veterans and tens billions of taxpayer dollars,” Webb said. “Legislation enacted 20 years ago under the assumption that it would be applied to a very narrow set of illnesses now allows presumptive service-connection for such age-related maladies as Type II diabetes and chronic heart disease.”

He asked VA Committee Chairman Murray to hold a hearing to consider legislation to reform the 1991 law.

Murray expressed no support for such a hearing in her motion to kill the amendment, arguing that Coburn made “a compelling case for saving money” but gave no evidence Agent Orange did not cause the conditions faced by these veterans...They have been dying for 40 years or more. We should not ask them to wait longer.”

Veterans’ groups vigorously attacked the amendment.

“Congress, in part, settled on this mechanism because it was nearly impossible for Vietnam veterans to prove that their exposure to Agent Orange caused their health conditions,” said John Rowan, National President of Vietnam Veterans of America. Coburn’s change “would essentially mean that benefits due to Agent Orange exposure would be out of reach” on additional diseases.

Tim Tetz, legislative director for the American Legion, said the law remains “fair and non-political. We think that’s the model for environmental exposures as we go forward … We applauded it then and we continue to applaud it today for creating an objective, scientific-based standard” which recognizes very poor record-keeping on herbicide exposure during the war.

To comment, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it., write to Military Update, P.O. Box 231111, Centreville, VA, 20120-1111 or visit: www.militaryupdate.com.

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