Once Removed Episode 23: Naming Guardians for Minor Children
Section 17.3, comment f, of the Restatement (Third) of Property (Wills and Other Donative Transfers) explains the difference between a collateral power of appointment and a power of appointment in gross: “In traditional...more
As an attorney and a father of two special needs children, I uniquely understand the necessity of becoming a legal guardian for my children as soon as they reach eighteen years of age. Many individuals, however, may not...more
We all make important decisions and engage in regular financial transactions without giving a second thought about our capacity to do so. But what if you suddenly lost the ability? What would happen? While most of us don’t...more
In most civil actions in the State of New Jersey, parties are responsible for the payment of their own counsel fees subject to limited exceptions. In the context of a guardianship action, however, the party who commences the...more
This CLE webinar will discuss the issue of allegations of supposed "parental alienation" and offer guidance for handling a case involving such allegations in court. The panel will discuss the term "parental alienation," why...more
As pet owners, we form deep bonds with our furry, feathered, or scaly companions, considering them part of our families. But what happens to these beloved pets if we become unable to care for them due to illness, incapacity,...more
Can an appellee say that the lower court got it wrong? If so, when? In many appeals, the alignment of interests is clear: the appellant is the party who disagrees with the ruling at issue, and the appellee is the party who...more
Yes, as recently decided by the Michigan Supreme Court, but only if the professional guardian first executes a specific type of power of attorney document delegating authority to the employee to exercise such powers. This...more
For parents with young children, naming the guardian who will raise their children upon the parents’ passing can be one of the most important and foundational questions of an estate plan. And in fact, because this decision is...more
In some instances, even after an individual is deemed incapacitated and a guardian is appointed, an application may be subsequently filed by the incapacitated person to either terminate the guardianship or to reduce the scope...more
Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited...more
If you are considering seeking a guardianship of an individual or have been named as an interested party to such an application, it’s crucial that you understand the types of guardianship that exist in the State of New...more
Join attorneys Rob Morris, Esq. and Paul Norris, Esq. for this webinar presentation. Some of the topics covered will be: - Guardianship Procedures - Contested Guardianships - Adult Guardianships - Guardianship...more
Does a court-appointed GAL in a trust matter owe fiduciary duties to the parties to the trust relationship who have yet to come into existence, e.g., the settlor’s future great grandchildren (hereinafter the “non-existent...more
We have done a lot of complaining lately about some pretty bizarre cases. Then, along comes Schultz v. Schultz and Passetti; an important case that merits being published because it makes important law and is a credit to the...more
Pets are not just animals, they are cherished members of our families, providing unconditional love and companionship. That is why, as responsible pet owners, it is our duty to ensure that our beloved furry friends are cared...more
Saturday evening’s television line-up included a story about former NFL tackle Michael Oher. His story was a 2009 feature film called The Blind Side that earned more than $300 million. The sum of the story is that Oher was...more
Fortunately, your worry was solved by the Massachusetts Pet Trust Law, M.G.L.A. 203E § 408, which allows the creation of a trust during the settlor/owner’s lifetime for the continuing care of a pet or other animal should the...more
Individuals with a disability or special needs (hereafter, the “individual”) frequently have a team of people providing them the care and assistance they require. For families managing this care team, there is an...more
Grandparents can play an important role in the lives of their grandchildren. Undoubtedly, many children have deep and inseparable bonds with their grandparents. When parents are married, or together, many grandparents can get...more
With the exciting and long overdue news of the increase in the Massachusetts estate tax exemption from $1 million to $2 million for decedents dying on or after January 1, 2023, many Massachusetts residents have been left...more
Days after I wrote about the Guardian Ad Litem (GAL) role for litigants here in the R.B. v. E.A.C. matter, another case was released on a similar issue: In The Matter of A.H. In this case, the parties who were dual citizens...more
I am back to the office and back to blogging. For those who don’t know, I was recently out for a family leave upon the birth of my second child. With each child, and each family leave, I have developed a greater appreciation...more
On November 7, 2023, Governor Gretchen Whitmer signed into law Michigan’s House Bill 4644, which enacts the Uniform Power of Attorney Act (UPOAA). This legislation will be effective on July 1, 2024, and is intended to:...more