Marc B. Hankin

 Attorney Profile

Post Office Box 3668, Beverly Hills, California 90212

By Appointment Only (Not for Mail): 509 S.Beverly DriveBeverly Hills, California

 

Marc B. Hankin Position: Founding Attorney. born New Haven, Connecticut, 1950; admitted to the bar, 1980, California. 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 and has served as an adjunct Professor of Law at Loyola Law School of Los Angeles.  Mr. Hankin’s practice primarily involves [1] conservatorships, [2] controversies concerning legal capacity, [2] elder abuse, [4] probate, will and trust litigation, and [5] estate planning including Medi-Cal and tax planning.  His practice also emphasizes catastrophic health care coverage under [6] Medi-Cal and  related programs. 

Mr. Hankin has been 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 (DPCDA, pronounced dip-see-duh), enacted in 1995.   DPCDA was co-sponsored by the California State Bar Association and the California Medical Association.  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 consent. 

Mr. Hankin is the conceptual father and principal draftsperson of California Probate Code sections 259 and 2580(b)(13), which provide for the disinheritance of persons who commit elder abuse, as well as several proposals currently before the California Legislature. One proposal would establish a unified California database tracking elder abuse, from the first report and/or investigation, through administrative proceedings, criminal prosecutions, civil lawsuits and conservatorship proceedings.  Another proposal he made, SB 1742, established emergency procedures for the Public Guardian and law enforcement to protect victims from financial abuse.

Mr. Hankin’s latest legislative project would codify and protect the right of residents, who live in nursing homes or residential care facilities for the elderly, to install (at their own expense) nanny-cams so that their loved ones could monitor the care the residents get in the facilities.  The proposed legislation is entitled the “Honesty in Nursing Notes Act.”

Mr. Hankin also is working on the drafting of legislation that would to give the Probate Court the jurisdiction to annul abusive marriages to victims who are incompetent to marry, and to reverse transfers of assets to the victimizers).

Mr. Hankin was an active founding member of the Los Angeles City and County Fiduciary Abuse Specialist Team (FAST).  He 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 the Elderly.  

 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 Section.

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, many times in programs by the National Business Institute for lawyers, and at many other programs for CPA's, lawyers, financial planners and health care professionals.  Mr. Hankin is the author of the 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 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. Email: marc@marchankin.com