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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114763
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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How does a elderly domestic partnership get an "exclusion"

Customer Question

How does a elderly domestic partnership get an "exclusion" from "change in ownership" for tax purpose, under California family law, domestic partnership section 297 when one of the partners had been deemed incapacitated, suffering with "dementia" by his physician preventing registration under section 297 because dementia now makes him no longer legally capable of providing consent for himself, for registration under section 297. And the power of attorney standard for providing authorization, and consent on behalf of the incapacitated person in all other legal matters, including real property transactions and payment of taxes; Is not acceptable for registration of incapacitated partner, of the county real property tax assessor.
There has to be another avenue for obtaining an "exclusion" from change ownership for tax purposes for domestic partners in 100% compliance with domestic partnership requirements of family law section 297, that are unregistered, because the sub-section 297 prevents registration of incapacitated person, and will not accept authorization/consent by the power of attorney named in the 2006 trust, who is also the incapacitated person's domestic partner since 2001, as well Trustee, Executor, Power of Attorney, advanced health, and Attorney in fact of his incapacitated partner's 2006 Trust.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. You seem to be arguing two sets of facts/issues here. Under the law you are either in a legal domestic partnership or you are not. So I am asking, are you in a CA state sanctioned domestic partnership?

2. Are you arguing that despite the fact that your partner is incapacitated and cannot enter into a domestic partnership that you should somehow be granted rights under the domestic partnership laws anyway?

Doug

Expert:  LawTalk replied 1 year ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. Let me know if you don't want a call and I will be happy continue here with an answer for you.

Doug

Customer: replied 1 year ago.
Doug,
I may be interested a one on one conversation with you for an additional cost. I will decide that once answer the original inquire that I have already paid for. I that first to decide for my self if you qualified to to answer my question in which has been already asked. That is fair don't you think. Please respond to my initial concern so we can get started. Feel free to call me at home(###) ###-####when you have something for me pertaining to what has been asked. I do not agree to any additional phone cost for that. After I hear or read what you have so far got. I will be glad to entertain any future investment in your services, you may have.
Thank you Doug. I am ready for that answer now, call me if you like otherwise I be waiting to receive your e-mail pertaining to what I have asked.Sincerely,Hiram Holloway
.
P.S. take as much time as you need. I you can not respond by end of this day. Just call(###) ###-####at let me no how much more time you will need. fair enough ? Do me right we can do business a lot.
Expert:  LawTalk replied 1 year ago.

I have no way to provide an answer for you UNTIL you respond to my two inquiries for information:

1. You seem to be arguing two sets of facts/issues here. Under the law you are either in a legal domestic partnership or you are not. So I am asking, are you in a CA state sanctioned domestic partnership?

2. Are you arguing that despite the fact that your partner is incapacitated and cannot enter into a domestic partnership that you should somehow be granted rights under the domestic partnership laws anyway?

Customer: replied 1 year ago.
Doug,
If you think I am being unreasonable by wanting my original question that I paid for answered first before making any new agreement for pay of your services. You know we can just call the whole thing off. I am interested in our first agreement being met, before I dish any other payment for services, in which the first I have so far received nothing, on your part. I'll be waiting for your response. I promise not to waste you saying nothing, Do the same for me we will both be happy. Thanks Doug.
Sincerely, Hiram(###) ###-#### (for your convenience) YES? NO? or send e-mail of answer of question already asked. Need more info call me, I'll will be glad to give you any info I've got.. Like they say, lets go do it or get off the pot, I've got things to do as well.
Expert:  LawTalk replied 1 year ago.

Good evening,

I'm not asking you to accept a phone call offer now. You made it clear that you don't want one now. I accept that and respect your wishes.

I said that in order for me to begin to discuss your situation I need you to respond to my 2 questions I posed looking for additional information. Your statement of facts is confusing to me because on one hand you state: "How does a elderly domestic partnership get an "exclusion"...", and on the other hand you write: "... dementia now makes him no longer legally capable of providing consent for himself, for registration under section 297. I can't figure whether you ever filed under CA law for a Domestic Partnership.

I asked:

1. So I am asking, are you in a CA state sanctioned domestic partnership? In other words are you in a legal Domestic Partnership now or not?

2. Are you arguing that despite the fact that your partner is incapacitated and cannot enter into a domestic partnership (if you are not legally in one now) that you should somehow be granted rights under the domestic partnership laws anyway?

Doug

Customer: replied 1 year ago.
answer to question #1. This the Problem. No I am not registered with the state as a domestic partner under CA family law section 297. Because the subsection 0f section 297 prevents registration with the state because of partner being deemed incapacitated with dementia.#2 Yes I am arguing as substantially proven domestic partners since 2001, we too deserve an exclusion from change in ownership reassessment of real property for tax purposes, like any other domestic partnership, they do not prevent from registration due to dementia authorization / consent legalities. I am suggesting there must be another avenue for domestic partners with dementia for qualifying for exclusion from change in ownership extreme taxation, unless the law simply discriminate against legitimate domestic partners who they are preventing registration for no other reason elderly suffering with dementia. There has to be another avenue for dealing with situations like this. After all I am also my partner personally appointed, Power of Attorney, advance health, Attorney in Fact durable assets, and the Trustee to his 2006 Trust. We are domestic partners and deserve what domestic partners that are not elderly and incapacitated with dementia, readily entitled. An additional $10,000 annually property tax increase, for not being allowed registration because of medical issues. It seems to me their has to be an legal avenue for dealing with injustice. Wouldn't you think.Com on Doug get an answer to this. I sure neither one of have time to beat around the there is a legal avenue for incapacitated people to be treated fairly under the law, or there isn't. Very simple, there is, or there is not justice to be had in this cases like this.Sincerely, Hiram (###) ###-#### ***** E-mail or call the whole thing off
Expert:  LawTalk replied 1 year ago.

Good evening,

I'm happy to answer it now that I fully understand the facts,

Because you are not in a legal Domestic Partnership under CA law, you cannot take advantage of the laws and rights afforded people in a legal Domestic Relationship.

There is no exception to this set of laws and the fact that you have believed you were in a partnership all this time does not serve to prove such a relationship as being legal. AC has no form of common law marriage or common law domestic partnership. I am sorry,

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Customer: replied 1 year ago.
I cannot rate anything until I get something. There has been nothing done yet to respond to my original inquire. IWhen I receive some resembling and answer to what was initially asked. I will be more that happy to rate the info I got. Untill then I am still waiting. I would like Doug to take all the time he needs. I will be patient. I think now the Doug understand the question, goods thing are going happen regarding this case. Perhaps an "Dementia" organization may be a source for answer where Doug can get help.
Expert:  LawTalk replied 1 year ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid your previous contributor opted out of continuing to work with you. I am a DIFFERENT CONTRIBUTOR.
I have read your previous conversation and the previous expert's reply and I am afraid that you are indeed being unreasonable as you stated. The reason being is that the answer the previous expert provided to you is the legally correct response and there is no "exception" to everything as so many non-lawyers seem to think or hope for.
The fact you have never previously registered your domestic partnership means it is now too late to do so if she is mentally incapacitated and the law considers you nothing more than boyfriend/girlfriend without any legally binding rel;relationship. There is no exclusion or exception available to that I am sorry to say. Your only outside option is you would need an attorney to represent her and then you can seek to file a petition in court to ask the court to allow a domestic partnership to be filed, but this is very hard to do at this point and the attorney will have to convince the court that this the wish of your partner and the fact is that if she is that incompetent he will not be able to accomplish this.
So I am sorry to say that while you my want the law to be different or think as many of our customers do that "there just has to be something," there really is nothing more than we have told you and I am very sorry, but we cannot change the law we can only tell customers what the law is and many times we cannot give them something to change their situation, but again, that is not our fault and I am truly sorry.

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