The elderly and sick people who live alone and are isolated are unfortunate targets for predators who befriend them, become caregivers, and insinuate themselves into the elderly person’s estate.

Accordingly, California law presumes that certain gifts by elderly persons – 65 and over – to their unrelated caregivers, are the result of fraud, undue influence, menace and/or coercion, and thus void.

There are important exceptions. One exception is for spouses.

Let us examine how confidential marriages – which do not require any witnesses and do not become part of the public record – can be abused by predators.

To begin with, why are confidential marriages even allowed in California?

California’s confidential marriage law originates in 1878 when the state allowed clergymen to marry couples who had been living together outside of marriage.

In 1972, California expanded the types of persons who could marry such couples.

Even a California Notary Public, with special authorization, can issue a confidential license agreement, perform the wedding ceremony and file the signed license with the county clerk.

Unlike a regular marriage certificate, a confidential marriage certificate is not a public record for anyone to see.

The confidential marriage license is only filed with the county where the license is issued and a certificate of marriage can only be obtained by either spouse.

A court order is required for anyone else to obtain a copy of the confidential marriage certificate.

Thus, no one other than the couple involved and the person who performed the marriage need ever know that the marriage even occurred, when it occurred, and where it occurred.

Why is that important?

That is important because if family of the elder abuse victim know while the victim is alive that a marriage has taken place then they can go to court to contest the marriage while the victim can still be questioned.

The longer the confidential marriage continues in secret the more of the victim’s assets can be retitled away from the elder.

Not surprisingly, the confidential marriage license is used by predators who do not want anyone to know what they are up to.

For example, one unscrupulous estate planning attorney used the confidential marriage license to marry his elderly client.

After her client/husband died, the attorney claimed that she was entitled to a share of her late husband’s estate as an omitted spouse.

Fortunately, the deceased husband’s nieces flew over from Norway and prevailed in court.

Given the confidential marriage’s susceptibility to abuse, is there any valid reason for keeping it?

Various arguments can be made that confidential marriages are still relevant today.

First, they help protect you against modern day identity theft. The items of information that are obtainable from the public marriage certificates are very useful to other types of predators who commit credit card fraud.

Second, some same sex couples wish to marry but to keep their marriage confidential.

Third, similarly well-known celebrities may wish to marry in privacy, which protects both spouses.

Given the harm that can be done by abusing the confidential marriage it is apparent that safeguards need to be added to the use of confidential marriage.

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 870 S. Main St., Lakeport, California. Fordham 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 .

CLEARLAKE, Calif. – Local and state firefighters late Thursday were on the scene of a residential structure fire in Clearlake.

The fire, reported just before midnight, was located at 2964 Fifth St., according to reports from the scene.

Firefighters with Lake County Fire Protection District and Cal Fire arrived to find a singlewide mobile home – with an addition and a garage – on fire, with some nearby structures also threatened.

Power lines also were down, with Pacific Gas and Electric requested to respond to the scene, according to scanner reports.

Incident command estimated firefighters would remain on scene until about 2 a.m. for overhaul.

Additional details will be posted as they become available.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

California wildlife Officer David Bess has been appointed the new chief of the California Department of Fish and Wildlife Law Enforcement Division.

Fish and Wildlife Director Charlton Bonham announced Bess' promotion to the position, which recently was vacated by the retirement of 33-year veteran wildlife officer, Chief Michael P. Carion.

“California’s fish and wildlife and the sportsmen and sportswomen of this state owe Chief Carion a debt of gratitude for 33 years of selfless service,” said Bonham. “Along with his predecessor, Chief Nancy Foley, Chief Carion worked to increase the number of wildlife officers in the state. Today, the force is at its largest since 2000. We wish Chief Carion well in his retirement and look forward to continuing that progress with Chief Bess.”

Chief Bess gained a variety of experience in the Law Enforcement Division starting as a wildlife officer in Contra Costa County and the Sacramento San Joaquin River Delta.

He then joined the Special Operations Unit (SOU) of undercover wildlife officers who focus on illegal commercialization of California’s fish and wildlife. He eventually promoted to lieutenant to lead SOU.

Bess promoted to captain and then assistant chief working on a variety of administrative tasks, including managing the Professional Standards Unit and legislative and regulatory duties.

Chief Bess brings a wealth of experience from running several businesses for more than 20 years. He sold his businesses and at age 43 followed his dream of going to the warden academy and becoming a wildlife officer.

He has a forestry degree from Humboldt State University, a degree in natural sciences from Sierra College, and has a lifelong passion for hunting and fishing.

NASA's Mars Curiosity rover has measured a tenfold spike in methane, an organic chemical, in the atmosphere around it and detected other organic molecules in a rock-powder sample collected by the robotic laboratory’s drill.

“This temporary increase in methane – sharply up and then back down – tells us there must be some relatively localized source,” said Sushil Atreya of the University of Michigan, Ann Arbor, and Curiosity rover science team. “There are many possible sources, biological or non-biological, such as interaction of water and rock.”

Researchers used Curiosity’s onboard Sample Analysis at Mars (SAM) laboratory a dozen times in a 20-month period to sniff methane in the atmosphere. During two of those months, in late 2013 and early 2014, four measurements averaged seven parts per billion. Before and after that, readings averaged only one-tenth that level.

Curiosity also detected different Martian organic chemicals in powder drilled from a rock dubbed Cumberland, the first definitive detection of organics in surface materials of Mars. These Martian organics could either have formed on Mars or been delivered to Mars by meteorites.

Organic molecules, which contain carbon and usually hydrogen, are chemical building blocks of life, although they can exist without the presence of life.

Curiosity's findings from analyzing samples of atmosphere and rock powder do not reveal whether Mars has ever harbored living microbes, but the findings do shed light on a chemically active modern Mars and on favorable conditions for life on ancient Mars.

“We will keep working on the puzzles these findings present,” said John Grotzinger, Curiosity project scientist of the California Institute of Technology in Pasadena (Caltech). “Can we learn more about the active chemistry causing such fluctuations in the amount of methane in the atmosphere? Can we choose rock targets where identifiable organics have been preserved?”

Researchers worked many months to determine whether any of the organic material detected in the Cumberland sample was truly Martian.

Curiosity’s SAM lab detected in several samples some organic carbon compounds that were, in fact, transported from Earth inside the rover.

However, extensive testing and analysis yielded confidence in the detection of Martian organics.

Identifying which specific Martian organics are in the rock is complicated by the presence of perchlorate minerals in Martian rocks and soils.

When heated inside SAM, the perchlorates alter the structures of the organic compounds, so the identities of the Martian organics in the rock remain uncertain.

“This first confirmation of organic carbon in a rock on Mars holds much promise,” said Curiosity participating scientist Roger Summons of the Massachusetts Institute of Technology in Cambridge. “Organics are important because they can tell us about the chemical pathways by which they were formed and preserved. In turn, this is informative about Earth-Mars differences and whether or not particular environments represented by Gale Crater sedimentary rocks were more or less favorable for accumulation of organic materials. The challenge now is to find other rocks on Mount Sharp that might have different and more extensive inventories of organic compounds.”

Researchers also reported that Curiosity's taste of Martian water, bound into lakebed minerals in the Cumberland rock more than three billion years ago, indicates the planet lost much of its water before that lakebed formed and continued to lose large amounts after.

SAM analyzed hydrogen isotopes from water molecules that had been locked inside a rock sample for billions of years and were freed when SAM heated it, yielding information about the history of Martian water.

The ratio of a heavier hydrogen isotope, deuterium, to the most common hydrogen isotope can provide a signature for comparison across different stages of a planet's history.

“It's really interesting that our measurements from Curiosity of gases extracted from ancient rocks can tell us about loss of water from Mars,” said Paul Mahaffy, SAM principal investigator of NASA’s Goddard Space Flight Center in Greenbelt, Maryland, and lead author of a report published online this week by the journal Science

The ratio of deuterium to hydrogen has changed because the lighter hydrogen escapes from the upper atmosphere of Mars much more readily than heavier deuterium.

In order to go back in time and see how the deuterium-to-hydrogen ratio in Martian water changed over time, researchers can look at the ratio in water in the current atmosphere and water trapped in rocks at different times in the planet’s history.

Martian meteorites found on Earth also provide some information, but this record has gaps. No known Martian meteorites are even close to the same age as the rock studied on Mars, which formed about 3.9 billion to 4.6 billion years ago, according to Curiosity’s measurements.

The ratio that Curiosity found in the Cumberland sample is about one-half the ratio in water vapor in today's Martian atmosphere, suggesting much of the planet's water loss occurred since that rock formed.

However, the measured ratio is about three times higher than the ratio in the original water supply of Mars, based on assumption that supply had a ratio similar to that measured in Earth's oceans.

This suggests much of Mars' original water was lost before the rock formed.

Dr. Tony Phillips works for the National Aeronautics and Space Administration.

LAKE COUNTY, Calif. – Authorities have identified the Lucerne man hit by a vehicle last Saturday evening.

Damon Eugene Love, 50, was injured in the crash, according to California Highway Patrol Officer Kory Reynolds.

The CHP's initial report said Love was crossing Highway 20 on foot near Main Street in Upper Lake when he walked into the path of a 2012 Toyota RAV4 driven by Arthur Takao, 66, of Applegate.

Takao was heading eastbound at between 40 to 45 miles per hour, the CHP said.

Reports from the scene said Love sustained major head trauma, and he was transported by Northshore Fire ambulance to Sutter Lakeside Hospital, where REACH 6 picked him up and took him to Santa Rosa Memorial Hospital, a regional trauma center.

Santa Rosa Memorial Hospital spokeswoman Katy Hillenmeyer confirmed to Lake County News on Thursday that Love remained hospitalized.

Hillenmeyer said Love is in critical condition.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

Lakeport, Calif. --The City of Lakeport has issued a road closure advisory for December 17, 2014 from 12:00 p.m. to 5 p.m..

Between 3rd street and 4th streets at Crawford, the area will be closed to through traffic.

City workers will be reapiring a water main in that area.

The City appreciates the public’s awareness and caution in the area. 

Detour routes are available.

LOWER LAKE, Calif. – In an effort to offer students healthier meal options, the Konocti Unified School District has pursued and received a partial grant to install salad bars at several of its schools.

The Chef Ann Foundation, founded in 2009 by Chef Ann Cooper, is helping the district with its goal to install salad bars at six schools – Burns Valley Elementary, East Lake School, Konocti Health Magnet School,  Lower Lake Elementary, Lower Lake High School and Pomo School.

However, the effort requires a public fundraising component.

Approximately $17,000 is needed to fund the salad bars, and community members are asked to consider making tax-deductible donations at http://www.saladbars2schools.org/grant/konocti-unified-school-district/ .

Theresa Copas, secretary for Lower Lake High and Konocti Health Magnet High School Principal Jeff Dixon, said originally Dixon planned to pursue the grant just for the new magnet school.

However, district Food Service Director Sandy Lopez suggested the salad bars would work for the other schools, too. Copas said Lopez pulled all of the information together and Dixon wrapped the entire district into one grant application.

They submitted the grant application on Nov. 19, two days before the deadline, and within a week heard that the district had been selected, according to Copas.

“We will be funded. We will receive these,” she said.

The Chef Ann Foundation's “Let's Move Salad Bars to Schools” initiative – the goal of which is to have a salad bar in every school across the United States – has raised $8.9 million to supply more than 3,600 salad bars to schools.

Copas estimated Konocti Unified's schools will be waiting a minimum of a year before receiving the salad bars, as the foundation's waiting list has 555 schools on it.

The foundation provides money out of its general fund based on the date of application. What can speed the process up considerably, said Copas, is if the community can help through donations.

Copas said the foundation handles all of the money; she emphasized that the district is not involved directly in the fundraising.

While the district began looking at adding salad bars a few years ago, “None of the schools in the district have salad bars yet,” said Copas.

That's due to the fact that the equipment is expensive, requires extra upkeep and additional staff time, she explained.

“We weren't ready,” she said.

Now, however, “It's a great time to be starting,” Copas added.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKE COUNTY, Calif. – With holiday celebrations upon us, the California Highway Patrol is preparing for this heavily traveled time of year by educating the motoring public about safety on the roadways.

As part of its upcoming maximum enforcement period, or MEP, the CHP is reminding travelers to buckle up, adhere to the posted speed limit, avoid distractions behind the wheel and always designate a sober driver.

The CHP’s Christmas MEP enforcement effort begins Wednesday, Dec. 24, at 6 p.m. and continues through Sunday, Dec. 28, at 11:59 p.m.

During this period, all available officers will be out on the roadways for enhanced enforcement efforts and assisting motorists wherever needed.

“Our intent with the enhanced enforcement efforts during the holiday season is simply to save lives,” said CHP Commissioner Joe Farrow. “We want everyone to have a happy holiday season this year and ensure nobody is forced to deal with the loss of a loved one.”

An anti-DUI effort is aimed at eliminating drunk-driving by educating Californians about the dangers of driving after consuming alcoholic beverages.

According to the National Highway Traffic Safety Administration, more than 10,000 people are killed annually in America by drunk drivers. In December 2012 alone, 830 people died as a result of a collision caused by an impaired driver.

This year, the CHP hopes to eliminate the added danger of intoxicated drivers on our roadways.

During the 30 hours of last year’s Christmas holiday MEP, five people were killed in traffic collisions. Among those killed were two pedestrians, one motorcyclist, and two vehicle occupants who were not wearing seat belts.

The CHP made 221 arrests for driving under the influence during the same 30-hour timeframe.

“Have a safe, fun, and enjoyable holiday celebration this year,” added Commissioner Farrow. “Just do it responsibly by making the right and responsible decision before you get behind the wheel and always designate a sober driver.”

NORTHERN CALIFORNIA – On Tuesday Lake County's new representative in the State Senate, Mike McGuire, and fellow legislators asked Gov. Jerry Brown to issue a disaster declaration for Lake, Marin and Sonoma counties due to the severe flooding in those areas.

“The flash flooding and storm damage experienced by communities in Sonoma, Lake and Marin is the worst we’ve seen in decades,” said Sen. McGuire. “We’re asking the governor to issues a disaster declaration so that residents and business owners can get the help they need as soon as possible”

McGuire’s request was joined by Lake County's new representative in the Assembly, Bill Dodd, Sen. Lois Wolk and Assembly members Jim Wood and Marc Levine, all of whom represent the impacted areas.

In their letter to the governor, the legislators highlighted the extreme weather conditions that impacted the region, including strong winds and record rainfall.

Last week’s large storm event caused tens of millions of dollars in damage to homes and businesses throughout California.

Current damage estimates are more than $20 million just between the three counties, and the total figure is anticipated to grow substantially as assessments of damaged public and private property advance in the weeks to come.

“The response from the Governor’s Office of Emergency Services has been excellent during this storm event,” said McGuire, “and now we are asking for help in getting our communities the resources and services they need to rebuild and thrive.”

McGuire’s Second Senate District runs the span of the entire North Coast and includes all of Del Norte, Humboldt, Mendocino, Trinity, Lake and Marin counties, and the majority of Sonoma County communities.

LAKEPORT, Calif. – The Lakeport Planning Commission on Wednesday gave unanimous approval to businesswoman Kathy Fowler's plans to build a new office for used car sales next to her existing dealership on Parallel Drive.

Fowler is planning to build a 547-square-foot used car sales office at 1277 Parallel Drive and 1305 Todd Road Extension, the nearly one-acre lot located between Kathy Fowler Auto Center and Taco Bell.

The site also will have 43 paved parking spaces and outdoor display of vehicles for sale.

Kathy Fowler Auto Center General Manager Tim Wynacht told Lake County News in a followup interview on Thursday that construction on the site should begin after the start of the year, and will be a part of the current business.

No firm date for the opening has been set, although they had had their sights set on this coming spring, he said.

“The rain really messed us up,” Wynacht said.

It will be the second used car sales business in the city, according to city Planning Services Manager Andrew Britton, who said the other is West Lake Auto Center at 2195 S. Main St.

Britton said that in 2005 the planning commission approved a larger project that Fowler had proposed at the same site.

That earlier plan had included a 3,592-square-foot auto dealership with 47 parking spots for both new and used cars, plus site improvement, according to city documents.

Wynacht said that the 2005 project did not move forward due to the economy.

The commission's approval for that prior project has expired, Britton said at the Wednesday meeting.

While the new project is smaller overall, it has many similar components to the earlier version, Britton noted, with the plans complying with the city's design review and use permit provisions.

Britton said the project will benefit the Lakeport business community. “It certainly enhances the city’s economic development situation. I think we're all aware that car sales are a good thing for the city’s tax base.”

As such, Britton said planning staff recommended the project's approval subject to 43 conditions. Such conditions are standard for building projects.

Commissioner Ken Wicks asked about the traffic flow in and out of the project site, which will share a driveway with Taco Bell. “Has there been any real concern because they're so close together?”

Britton said there is a potential for conflict, with one of the recommended conditions being that if conflicts arise with vehicles entering or exiting the two businesses, that Fowler will install a stop sign, stop bar or other appropriate signage or pavement marking near the dealership’s entrance.

He said there is a similar situation at the Bruno's Shopping Center, where there is an exit into a main driveway from a side driveway, and painted cross hatching on the pavement helped alert drivers to the need to move through the area.

Fowler, joined by Wynacht and project architect Vincent Price, spoke to the commission briefly on Wednesday.

She said she kept the property for a long time. “I thought it was going to be something different.”

Price added, “We’ve been looking at a vacant dirt parking lot for so many years now.”

He called it a “win-win situation” for the auto center and the community at large. Price said they worked diligently with city staff “to develop a project we thought would enhance the community.”

Commissioner Suzanne Russell gave full support to the project. “It’s a brilliant move to do used cars there,” she said.

With so many other dealerships going away, “It's a perfect addition to our city, and I for one really appreciate it,” Russell added.

Russell asked about who owned the paved driveway that will be used to enter the project site and which is used for Taco Bell. Wynacht and Price confirmed that Fowler owns that area. Britton added that there is a written easement agreement. Taco Bell, Fowler added, actually paved the entry.

Commissioner Ross Kauper asked about a construction schedule.

Price said he had spoken with building official Tom Carlton about starting paving as soon as possible, but “that was before the rains came.”

Now, he said, they need to reevaluate their schedule, as they don't want to track mud around.

Wicks asked if the California Environmental Quality Act information on the project – which had been considered as part of the previous project's incarnation – was up-to-date.

Britton said that, generally speaking, it was. “The CEQA checklist that is currently approved by the state and in use, it’s changed since 2005. It now includes a category that directly addresses greenhouse gas impacts.”

Because this new project has a footprint that's less than 2,500 square feet, Britton said it's categorically exempt from CEQA. However, the project was still sent to Sonoma State University and Big Valley Rancheria for review.

Wicks said he wanted to let the public know that planning staffers did their due diligence. “What we received was very well done.”

Russell moved to approve the applications for architectural and design review and a use permit, which Kauper seconded and the commission approved 5-0.

Also on Wednesday, the commission unanimously approved a use permit sought by Jason Norris of the House of Living Rhythm to allow the reestablishment of commercial activities – in particular, wellness-based and community-building events – in conjunction with an existing residential use in an older church building at 100 N. Forbes St.

The commission also granted Norris a zoning permit for acoustic-based live entertainment.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKE COUNTY, Calif. – The median sales price for homes in Lake County rose in November, according to new sales data.

The latest report from the Lake County Association of Realtors shows that the median sales price of single family residences for Lake County rose from $162,500 in October to $187,000 for November.

The November sales price topped the previous high of $185,000 that was reported in July.

The number of units being sold continued to lag behind 2013 sales with 55 units being sold in November 2014 compared to 70 units sold in November 2013.

The pattern of increasing sales prices but lower number of sales when comparing 2014 sales to 2013 sales has been consistent throughout the year.

Inventory levels for both November and October 2014 remained steady at 6.7 months of inventory. Six months of inventory is considered “normal” in the real estate industry.

“The most activity in terms of number of units was in Hidden Valley Lake,” said newly installed 2015 LCAOR President Yvette Sloan. “There was also a fair amount of activity in the Cobb area, the Clear Lake Riviera and the city of Clearlake.”

The percentage of distressed sales – properties that were sold after foreclosure or ones that were sold for less than what was owed – was 20 percent, which was down from 22 percent in October and 26 percent in November of 2013.

Cash financing fell to 22 percent of the sales, which was down from 32 percent in October and 30 percent in November 2013.

Conventional financing accounted for 47 percent of the sales and that matched the November 2013 percentage.

NUMBERS AT A GLANCE

Lake County – November 2014
Median price: $187,000
Median days to sell: 111
Units Sold: 55

Lake County – October 2014
Median price: $162,500
Median days to sell: 75
Units Sold: 63

Lake County – November 2013
Median price: $143,000
Median days to sell: 99
Units Sold: 70

For more information about the Lake County Association of Realtors, visit www.lcaor.com .

NORTHERN CALIFORNIA – Federal Secretary of the Interior Sally Jewell, and Under Secretary of Agriculture for Natural Resources and the Environment Robert Bonnie will attend a public meeting in Napa County this week to meet with local and regional officials and discuss permanent protection for the Berryessa Snow Mountain region.

The meeting, which is open to the public, will be held on Friday, Dec. 19, from 2 to 4 p.m. at the Napa Valley College Performing Arts Center, 2277 Napa-Vallejo Highway, Building 100 in Napa.

Legislation to protect Berryessa Snow Mountain as a National Conservation Area was introduced in 2011, but has been stuck in Congressional gridlock.

The legislation is supported by Sen. Barbara Boxer and Representatives Mike Thompson, John Garamendi and Jared Huffman.

Representative Mike Thompson has asked President Obama to use his authority under the Antiquities Act to designate the area as a national monument. This action would protect the same access and protections as a National Conservation Area.

“This is the right way forward for the region and our communities,” said Bill Dodd, the new Assembly member for the Fourth District, a resident and former county supervisor in Napa. “Designating the Berryessa Snow Mountain region as a National Monument will preserve the land, help our local economies, and protect a wide variety of plants and animals.”

The Berryessa Snow Mountain region includes public lands that stretch one hundred mile starting in Yolo County’s wild backyard to the sub-alpine habitat of Snow Mountain Wilderness in the Mendocino National Forest to the north.

The region supports an incredible diversity of wildlife habitat and rare plants found nowhere else on earth.

More than 200 local businesses have expressed support for a national monument, and Yolo, Solano, Napa, Lake and Mendocino counties have all passed resolutions of support for the designation.

“These lands deserve to be recognized not only for their natural and scenic values, but also for the recreational opportunities they provide,” said Napa County Supervisor Diane Dillon. “Permanent protection of the Berryessa Snow Mountain region will benefit the land, increase the visibility of our area and promote tourism, and protect our iconic northern California wildlife.”

Outdoor recreation in the Berryessa Snow Mountain region currently supports more than 600 jobs and $55.3 million in economic benefits for local counties.

An economic report released by the city of Winters Chamber of Commerce demonstrated that a national monument would have a significant impact, generating up to $50 million for local economies over a five year period following a designation as a result of increased visibility and visitation following a national monument designation.

Visitors to the Berryessa Snow Mountain region can catch a glimpse of California’s iconic wildlife, including tule elk, river otters, and California’s second-largest population of wintering bald eagles, and enjoy numerous outdoor recreation opportunities including hiking, hunting, camping, fishing, boating and horseback riding. A national monument designation will ensure continued access for these activities.

“This area is a unique national treasure and we have a responsibility to preserve it for our kids and grandkids,” stated Dodd.