Position: Founding Attorney. born New Haven,
Connecticut, 1950; admitted to the bar,
Education: San Francisco State University
(B.A., 1976); Loyola
Law School of Los Angeles (J.D.,
1980); New York University School of Law (L.L.M. in Taxation, 1982).
Mr. Hankin is an attorney in private
practice in Beverly Hills who has served as an adjunct Professor of Law at
Loyola Law School of Los Angeles. Mr. Hankin’s
practice primarily involves  conservatorships,
 controversies concerning legal capacity,  elder abuse,
 probate, will and trust litigation, and  estate planning
including Medi-Cal and tax planning. His practice also emphasizes
catastrophic health care coverage under  Medi-Cal and related
programs. Mr. Hankin is in the process of retiring.
Mr. Hankin was recognized by the Second District Court of Appeal as a recognized
leader in the field of elder law. Mr. Hankin is the father of Welfare and Institutions Code
§14006.2, the California law that allows spouses to avoid
nursing home impoverishment by dividing community property and gifting the
home to the healthier spouse. This first legislative effort in
the nation to protect families from catastrophic health care impoverishment
has become the basis of much of the new field of Elder Law. The
legislation was copied in many states. A significantly modified
version became federal law in 1988, as part of the Medicare Catastrophic
Coverage Act (“MCCA”). Although MCCA preempted much of the field,
Section 14006.2 and its related “Statements of Legislative Intent” have a
continuing impact on court orders in California
to prevent spousal impoverishment.
Mr. Hankin is the conceptual father and
draftsperson of The Elder Abuse and Dependent Adult Civil
Protection Act (EADACPA,
pronounced ee-dak-pah), enacted in
1991. EADACPA enables abuse victims to sue abusers by requiring the
victimizers to pay the victim’s attorneys’ fees and litigation costs.
Before EADACPA, the victim’s entitlement to damages for pain and suffering
would frequently evaporate when the victim died before the verdict was
announced. Now, EADACPA allows the victim’s estate to sue and recover
damages for the victim’s pain and suffering, thereby preventing the
victimizer from escaping without having to pay for the harm
inflicted. EADACPA also gave the probate conservatorship court the
general jurisdiction to award these damages.
Mr. Hankin is the conceptual father and
principal draftsperson of The Due Process in Competence Determinations Act
pronounced dip-see-duh), enacted as Stats
1995 ch 842 § 2 (SB 730), which was amended
by Sen. Mello at Mr. Hankin’s request in Stats 1998 ch
581 § 19 (AB 2801). DPCDA was co-sponsored
by the California State Bar Association and the California Medical
Association. Mr. Hankin and his colleagues, UCLA Professors E. James Spar
and Stephen S. Read, drafted a checklist for doctors to use, which was adopted
in a slightly modified form by the California Judicial Council as form G-355 Capacity
Declaration – Conservatorship.
DPCDA put measurable modern scientific standards into the law for the
determination of who is competent to consent to medical treatment, to make
contracts, trust agreements, gifts, sign wills, marry, and perform other
acts. This legislation is
critical for many financial and physical-neglect elder abuse
lawsuits. DPCDA also makes it possible and practical for medical
staff and patients to seek court orders determining whether or not a
patient’s consent to a prospective treatment is a competent and informed
Mr. Hankin is the conceptual father and
principal draftsperson of California Probate Codes 259 and 2580(b)(13), which provide for the disinheritance of persons
who commit elder abuse. Mr. Hankin’s
other legislative achievements include adding “isolation” to Elder Abuse, a
statute allowing a court to authorize a conservator to sign a will for an
incompetent conservatee, and other laws too numerous to mention. Mr.
Hankin worked on the State Bar Team 4 that helped draft the Durable Power
of Attorney Act that was enacted as Chapter 307 of Statutes of
1994. Mr. Hankin drafted SB
1742, which established emergency procedures for the Public
Guardian and law enforcement to protect victims from financial abuse.
Mr. Hankin is a volunteer legislative advisor for the California AARP.
Mr. Hankin, as an
individual, is continuing to work (in some cases with colleagues) on the
drafting of a number of legislative projects,
Legislation to protect the right of
residents in skilled nursing facilities and residential care facilities to
have videocams aka “nanny-cams” so that a loved one (e.g., a conservator)
may monitor the resident to be sure that the resident’s care is being given
Legislation to establish minimum standards
for expert opinions pertaining to mental capacity.
Legislation to protect the rights of a lawyer’s
mentally impaired client.
Legislation to ensure that nursing homes and
residential care facilities maintain an indoor temperature that is safe for
that would improve the law governing annulments of abusive marriages to
victims who are incompetent to marry.
A unified California database tracking elder
abuse, from the first report and/or investigation, through administrative
proceedings, criminal prosecutions, civil lawsuits and conservatorship
Mr. Hankin was a founding member of the Los Angeles City and County
Fiduciary Abuse Specialist Team (FAST).
Mr. Hankin collaborated on the drafting of a Master Trust as a joint
project for the Mental Health Association and the California Alliance for
the Mentally Ill. The Master Trust organization, the Proxy Parent
Services Foundation, attempts to provide lifetime caregiver services to
mentally ill persons. Mr. Hankin is a former member of the board of
directors of the Proxy Parent Services Foundation.
Mr. Hankin is a former member of the Legislation Committee of the
California Alliance for the Mentally Ill, and a former member of the board
of the directors of the San Fernando Valley’s Organization for the Needs of
Mr. Hankin is a former member of the Executive Committee of the
California State Bar Association’s Estate Planning, Trust and Probate
Section. He is the past chair of the Section’s Elder Law
Committee. He is also a former member of the Executive
Committee of the Los Angeles County Bar Association’s Estates and Trusts
Mr. Hankin has lectured for the California Continuing Education of the
Bar (“CEB”) on such topics as tax law, numerous programs on Elder
Law, on “Conservatorships, Guardianships and Other Devices for
Handling Incapacity,” on “Durable Powers of Attorney and Other Devices for
Handling Incapacity,” and on “Estate Planning for the Aging or
Incapacitated Client.” He has lectured at the UCLA - CEB Annual
Estate Planning Institute, a Practicing Law Institute program the
California CPA Society’s Annual Estate Planning Conferences, and at many
other programs for CPA's, lawyers, financial planners and health care
Mr. Hankin was the original author of a chapter on litigating damages
and injunctive relief for elders and dependent adults in the CEB book on
Elder Law. Mr. Hankin has lectured for The Rutter Group on
"Elder Law For All Practitioners."
Mr. Hankin delivered a lecture on Determinations
of Competence in California at the 3rd International Conference on
Capacity, during the 2016 International Congress of the International Psychogeriatric
Association, San Francisco, California.
Mr. Hankin was delivered a lecture on the Capacity to Marry at the October 3, 2018 5th International Conference on Capacity hosted
by Capacity Australia in Rome, Italy.
Mr. Hankin received a B.A. in French literature from San Francisco State
University, a J.D. from Loyola Law School of Los Angeles, and a post-juris doctoral L.L.M. degree in Taxation Law from
New York University School of Law.
PRACTICE AREAS: Elder Law; including: Elder Abuse
Litigation; Conservatorships Law; Estate Planning (Trusts, Wills, Powers of
Attorney), Medi-Cal Planning; Probate.
But Mr. Hankin is in the
process of retiring from the practice of law. Email: firstname.lastname@example.org