News & Analysis as of

Guardians

Charles E. Rounds, Jr. - Suffolk University...

Whether an equitable power of appointment incident to a trust relationship is “in gross” or “collateral”: The practical...

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

Stark & Stark

Guardianship for a Special Needs Child

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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

Lasher Holzapfel Sperry & Ebberson PLLC

Durable Power of Attorney – One of Your Most Important Estate Planning Documents

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

Stark & Stark

Counsel Fees in a Guardianship Action

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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

Strafford

[Webinar] Litigating Parental Alienation Claims: Strategies, Investigation, Obtaining Evidence, Role of Experts, Intervention -...

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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

Newburn Law

Ensuring Your Pet's Future: The Comprehensive Guide To Pet Trusts

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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

Fox Rothschild LLP

What’s in a Name? Court of Appeals Strikes an “Appellee” Brief

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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

Warner Norcross + Judd

Can a Professional Guardian Delegate Their Decision-making Powers to an Employee?

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

McGuireWoods LLP

Once Removed Episode 23: Naming Guardians for Minor Children

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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

Stark & Stark

Restoring Capacity: Terminating or Amending a Guardianship

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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

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: Baby Mama (2008), or What Not to Leave to Chance When You Are Expecting

Rivkin Radler LLP on

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

Stark & Stark

Types of Guardianships in New Jersey

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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

Stark & Stark

[Webinar] Guardianships for Persons Turning 18 and Contested Guardianships - April 23rd, 3:00 pm - 4:00 pm PDT

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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

Stark & Stark

[Webinar] Guardianships for Persons Turning 18 and Contested Guardianships - April 23rd, 9:00 am - 10:00 am PDT

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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

Charles E. Rounds, Jr. - Suffolk University...

When the guardian ad litem “representing” the yet-to-come-into-existence beneficiaries of a trust is nonfeasant or malfeasant

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

Fox Rothschild LLP

Living in Grandma’s Property and off her Money Does Not Confer Standing to Her

Fox Rothschild LLP on

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

Ward and Smith, P.A.

Ensuring a Furry Future: Estate Planning for the Pets We Love

Ward and Smith, P.A. on

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

Fox Rothschild LLP

CNN’s Biopic & Its Missing Oher

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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

Conn Kavanaugh

Leaving Money for Fido: Is Your Pet Trust Still Valid?

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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

Husch Blackwell LLP

Understanding Key Differences Between Guardians and Special Needs Trustees

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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

Stange Law Firm, PC

How can grandparents get visitation rights?

Stange Law Firm, PC on

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

Bowditch & Dewey

Estates Under $2 Million – Do I Need an Estate Plan?

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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

Fox Rothschild LLP

Guardian Ad Litem for a Litigant Part II

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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

Fox Rothschild LLP

Guardian Ad Litem for a Litigant – Keeping the Role in Check

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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

Warner Norcross + Judd

Michigan’s New Uniform Power of Attorney Act

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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

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