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Mountain Views-News Saturday, November 23, 2019
JUDGE REJECTS ATTEMPT TO DELAY
CALIFORNIA’S LANDMARK ANIMAL
PROTECTION MEASURE
Maria Katrien Heslin, Humane Society
mheslin@humanesociety.org
Friday, the Honorable Christina A. Snyder of the Central District of California rejected
a request by the North American Meat Institute to issue a preliminary injunction against
Proposition 12. On Election Day 2018, California voters overwhelmingly approved Prop
12, banning the inhumane confinement of egg-laying hens, mother pigs and baby veal
calves in cages so small they can barely move.
“This frivolous lawsuit is yet another desperate attempt by corporations that profit off animal
abuse to maintain the status quo and block the will of California voters,” says Jon Lovvorn,
Senior Vice President and Chief Counsel of the Humane Society of the United States.
“The pork industry is notorious for its cruelty to animals, including forcing mother pigs to
languish in cages where they can’t turn around for years on end.”
Courts have consistently ruled in favor of California’s existing animal welfare standards
for eggs produced and sold in the state, as evidenced by three unsuccessful challenges to
Proposition 2, predecessor to Prop 12. Further, states with sales restrictions that apply
evenhandedly to in-state and out-of-state goods (such as Prop 12) have withstood legal
challenges throughout the country. California may prevent animal cruelty by phasing out
the sale of substandard, cruel products. Based on well-established precedent, HSUS is confident
this current challenge will suffer the same fate as the attempts that came before it.
FAMILY MATTERS By Marc Garlett
Last week,
I shared the
first part of
this series on
the dangers
of do-it-
yourself estate
planning.
Here, we’ll
look at how
online legal documents can also put your minor
children at risk.
Given how far web-based technology has
evolved, you might think online legal
document services have advanced to the
point where they’re a viable alternative to
having your estate plan prepared by a lawyer.
After all, you’ve been able to prepare and file
your taxes online for years, so what makes estate
planning different? Aren’t lawyers using the very
same forms you find on these document websites?
This kind of reasoning is exactly what do-it-
yourself (DIY) planning services would like
you to believe—but it’s far from true. Indeed,
relying on generic, fill-in-blank planning
documents can be one of the costliest planning
mistakes you can make for your loved ones.
Online planning documents may appear to save
you time and money, but keep in mind, just
because you created “legal” documents doesn’t
mean they will actually work when you (or most
importantly, the people you love) need them.
Without a thorough understanding of how the
legal process works and impacts family dynamics
upon your death or incapacity, you’ll likely make
serious mistakes when creating a DIY plan.
Even worse, these mistakes won’t be discovered
until it’s too late—and the loved ones you were
trying to protect will be the very ones forced
to clean up your mess or get stuck with a huge
nightmare.
Putting your children at risk
Knowing that your DIY plan could fail and force
your family into court and conflict is distressing
enough. But imagine how you’d feel if you
knew that your attempt to save money on your
estate plan caused your children to be taken
into the care of strangers, even temporarily.
Yet this is exactly what could happen if you rely
on a generic will and/or other legal documents
you find online to name legal guardians for your
kids. In fact, this could happen even if you create
a plan with a lawyer who isn’t trained to plan for
the unique needs of parents with minor children.
Naming and legally documenting guardians
for your kids might seem like a straightforward
process, but it entails a number of complexities
most people aren’t aware of. Even lawyers with
decades of experience typically make at least one
of six mistakes when naming long-term legal
guardians.
What’s so complicated about naming guardians?
Some DIY wills allow you to name legal
guardians for your kids in the event of your
death, and that’s a good start. But does it
allow you to name back-up candidates in
case your first choice is unable to serve?
If you named a married couple to serve and
one of them is unavailable due to injury, death,
or divorce, what happens then? Would it still be
okay if only one of them can serve as your child’s
guardian? And does it matter which one it is?
What would happen if you become incapacitated
by illness or injury and are unable to care for your
kids? You might assume the guardians named in
your DIY will would automatically get custody,
but did you know that a will only goes into effect
upon your death and does nothing to protect
your kids in the event of your incapacity?
Do the guardians you named live far from your
home? If so, how long would it take them to make
it to your house to pick up your kids: a few hours,
a few days, a few weeks? Who would care for your
kids until those guardians arrive? Did you know
that without legally binding arrangements for the
immediate care of your children, they are likely
to be placed with child protective services until
those guardians arrive?
Even if you name family who live nearby as
guardians, what happens if they are out of town
or otherwise can’t get to your kids right away?
And assuming the guardians you named
can immediately get to your home to pick
up your kids, do they even know where
your will is located? How will they prove
they’re your children’s legal guardians if
they can’t find your planning documents?
These are just a few of the potential complications
that could arise if you try to create your own
plan naming legal guardians for your kids.
And if just one of these contingencies were
to occur, your children would more than
likely be placed into the care of strangers,
even if it’s only for a short period of time.
The Child Protection Plan™
Seeing all of the things that could go wrong, you
should never trust the safety and care of your
children to a DIY plan—or for that matter, a plan
created by a lawyer unfamiliar with the unique
needs of planning for parents of minor children.
To ensure your children are never raised by
someone you don’t trust or taken into the custody
of strangers, even temporarily, consider creating a
Child Protection Plan™ - a comprehensive system
designed specifically to address the inherent gaps
in the way most estate plans document legal
guardians.
Consider what’s at stake
The DIY approach might be a good idea if you’re
looking to build a new deck for your backyard,
but when it comes to estate planning, it’s one
of the worst choices you can make. Are you
really willing to put your family’s well-being
and wealth at risk just to save a few bucks?
If you’ve yet to do any planning, stop putting it
off and get started today – especially if you have
minor children.
If you’ve already created a plan—whether it’s a
DIY job or one created with another lawyer’s
help—contact us if you’d like to schedule an Estate
Plan Review and Check-Up. We’ll ensure your
plan is not only properly drafted and updated, but
that it has all the protections in place to prevent
your children from ever being placed in the care
of strangers or anyone you’d never want to raise
them.
Dedicated to empowering your family, building
your wealth and defining your legacy,
A local attorney
and father, Marc
Garlett is on a
mission to help
parents protect
what they love
most. His office is
located at 55 Auburn Avenue, Sierra Madre, CA
91024. Schedule an
appointment to sit down and talk about ensuring
a legacy of love and financial security for your
family by calling 626.355.4000 or visit www.
CaliLaw.com for more information.
BUYER BEWARE: THE HIDDEN DANGERS OF
DIY ESTATE PLANNING—PART 2
BILL TO EXPAND PROTECTIONS OF THE SAN
GABRIEL MOUNTAINS
Image courtesy of JPL
The United States House Natural Resources Committee voted 20-13 Tuesday in favor of
H.R. 2215, the San Gabriel Mountains Foothills and Rivers Protection Act. Introduced by
Rep. Judy Chu (CA-27), H.R. 2215 would expand the borders of the San Gabriel Mountains
National Monument to include the western Angeles National Forest. It would also establishes
a National Recreation Area to enhance conservation, increase access for all communities by
connecting park poor areas to open space, and improve the management of the area through
improved resources, education, and public engagement. The 15,878 acres of expanded
wilderness and 15,191 acres of new wilderness areas will benefit from the highest form of
protection of any federal wildland. These areas of untouched nature will remain open to
hiking, camping, and other recreation activities encouraged in the San Gabriel Mountains
National Monument, but commercial activities and motorized vehicles will be prohibited in
order to prevent over-development, pollution, and habitat destruction. Private property and
other existing rights and claims will be unchanged. In the Senate, Sen. Kamala Harris (D-
CA) introduced a companion bill.
“I am so grateful to the House Natural Resources Committee for today’s markup to advance
this legislation, which is so important to my district and the entire Los Angeles area,” said
Rep. Chu. “The San Gabriel Mountains provide some of the only outdoor spaces for millions
of Angelenos. They’re especially important for communities of color and lower-income
communities who have the least access to green spaces. That is why I have been working for
years to expand wilderness protections and improve access so that these areas can be safely
enjoyed by millions for generations to come. And with today’s vote, we are closer than ever.”
“Millions of people travel near and far to enjoy the pristine beauty of the San Gabriel
Mountains, a treasured natural gem. The designation of a National Monument was meant to
preserve and enhance the natural, historic, and scenic resources of the San Gabriel Mountains
and the valley,” said Los Angeles County Supervisor Hilda L. Solis. “When I was in Congress,
I led the effort to seek federal protection for the San Gabriel Mountains, and I am grateful
to Congresswoman Judy Chu for her leadership in achieving National Monument status
for the area. We must continue to enhance conservation, increase access for all visitors to
this unique space, and improve management through additional resources, education, and
community engagement."
Mountain Views News 80 W Sierra Madre Blvd. No. 327 Sierra Madre, Ca. 91024 Office: 626.355.2737 Fax: 626.609.3285 Email: editor@mtnviewsnews.com Website: www.mtnviewsnews.com
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