Marc B. Hankin

 Attorney Profile

422 South Rodeo Drive, Beverly Hills, California 90212


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 who 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 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 (DPCDA, 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 consent. 

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, which include:

·       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 as needed.

·       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 the residents.

·       Legislation 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 proceedings.

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 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, and at many other programs for CPA's, lawyers, financial planners and health care professionals. 

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: