Guardians

News & Analysis as of

5 Important Estate Planning Lessons for Parents in Manchester by the Sea

When released in late 2016, Manchester by the Sea, directed by Kenneth Lonergan and starring Casey Affleck, received nearly unanimous critical acclaim for exploring themes related to family, personal tragedy, and grief. For...more

New Law Expands the Duties of a Guardian of a Ward’s Person

The addition of subsection (g) to 755 ILCS 5/11a-17, effective January 1, 2017, expanded the rights of family members of a legally disabled adult (a “ward”) and added to the duties of a guardian of the ward’s person. Absent...more

The Emotional Charge of Guardianship: a Point of View from an Independent Guardian

A parent of young children feels incredible stress and sadness when their children fight. When healthy, the parent is capable of breaking up the fight or at least standing in between to force peace or at least stave off war....more

Individuals with Special Needs Can Now Create First Party Trusts

President Obama just signed a new law that allows First Party Special Needs Trusts to be established by mentally competent individuals for their own benefit. This is a major “fix” to the current law which only allows First...more

Some Not So Obvious Reasons to Have a Will

Many times I have heard the following questions from prospective clients: “If my things will pass to my spouse and children automatically, why do I need a Will?” or “My estate is not large enough to be subject to estate...more

Family Law - Custodial/Parental Responsibility

Custody/ Parental Responsibility - Briefly explain the legal position in relation to custody/ parental responsibility following the breakdown of a relationship or marriage....more

Picking A Conservator: Speak Now Or The Court May Forever Hold Your Peace

Guardianships and conservatorships are seldom happy events. Despite whatever may have precipitated the need for financial or personal protection, there must be an attempt to respect the desires of the ward, if possible. ...more

Guardianship Petitions by Long Term Care Facilities

This blog post explains how long term care facilities (LTCFs) can consider utilizing guardianship and conservatorship petitions for problematic situations where a resident has named an agent under a power of attorney (POA),...more

Virginia Supreme Court Issues New Ruling Regarding Guardianship Orders

A recent Virginia Supreme Court case highlights the importance of using precise language in an order appointing a guardian, as well as ensuring that when a guardian files suit on behalf of a ward, the guardian sues in the...more

International Abduction

Today’s topic is a very serious one, but not altogether uncommon in the UAE. The rules that govern what constitutes abduction are fairly clear – even though there are no specific statutory provisions dealing with child...more

Guardianships for Disabled Young Adults

Consider a common situation: Mom and Dad care for their severely disabled child, who is quickly approaching 18 years of age. Let’s call this hypothetical soon-to-be adult Jane. Jane has suffered from severe autism her whole...more

Guardianship Court Permitted to Annul Marriage [Florida]

An incapacitated ward had his rights to contract removed by a guardianship court. The ward thereafter married, without court approval. The marriage was then challenged based on FS 744.3215(2)(a) (2013). That statute provides...more

Before Signing Anything on Behalf of Someone Else, Talk to Your Special Needs Planner

People lack the ability to sign documents for various reasons. In some cases, a person has suffered from a disability since birth and has never had the mental capacity to make decisions for himself. In other cases, an injury...more

What Happens to the Youngest Victim of the San Bernardino Shooting?

On Wednesday, December 2, 2015, while a holiday office party was taking place at the Inland Regional Center in San Bernardino, California, Syed Farook and his wife, Tashfeen Malik, dressed in masks and body armor, entered the...more

Health Alert (Australia) - November 2, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australian Capital Territory 29 October 2015 - In the matter of ER (Mental Health and Guardianship and...more

Recent Legislation Brings Rhode Island out of the Past and into the Present in the Area of Adult Guardianships

On July 10, 2015, Rhode Island enacted significant legislation to address the ever-growing reality of incapacitated adults (persons having attained age eighteen) who need a guardian but spend time in more than one state. ...more

New Jersey Court Holds Financial Institutions are Not Required to Report Suspected Elder Fraud

In a case of first impression, the Superior Court of New Jersey held that financial institutions do not have an affirmative duty to report suspected fraud upon senior citizens or vulnerable individuals. See Lucca v. Wells...more

CFPB issues state-specific guides for financial caregivers

In October 2013, the CFPB released four “Managing Someone Else’s Money” guides for financial caregivers, particularly those who handle the finances of older Americans. The booklets were designed for four different categories...more

New Florida Guardianship Law Takes Effect July 1, 2015

Florida will have a new Guardianship Law effective July 1, 2015. A couple of the more interesting portions include: If a person initiates a judicial proceeding to determine an individual’s incapacity the Power of...more

Estate Planning Pitfall - You haven’t planned for incapacity

Most estate plans focus on what happens after death — but a plan is incomplete if arrangements haven’t been made in the event of mental incapacity. If the plan doesn’t specify how these decisions will be made, and by whom, a...more

New Massachusetts Guardianship Law

On January 1, 2015, the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJ) takes effect in Massachusetts....more

Accounting Is Not Only Important - It's Mandatory

Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this...more

Increase in Elder Financial Abuse Requires Vigilance, Careful Planning

This May, Ohio Attorney General Mike DeWine launched an initiative aimed at prosecuting abuse of elderly Ohioans. This initiative comes as no surprise, as the incidence of financial exploitation of the elderly is becoming...more

Making Decisions for a Child with Special Needs Who Becomes an Adult

Parents of children with special needs must be concerned with ensuring that medical and financial decisions will continue to be made in the child's best interest once the child reaches age 18 -- the age of legal capacity. In...more

Tennessee Insurance Legal News - January 2014 • Volume 3, Number 1

In This Issue: - ARBITRATION PROVISION WITHIN TENNESSEE’S UNINSURED MOTORIST STATUTE HELD NOT APPLICABLE TO INSURANCE POLICIES ISSUED AND DELIVERED OUTSIDE TENNESSEE: The Tennessee Court of Appeals addressed the...more

32 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×