News & Analysis as of

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

Using Fiduciary Accountings as a Client Management Tool

When representing a fiduciary such as a conservator or personal representative, you’re often dealing with a lay person who may be feeling overwhelmed by unfamiliar responsibilities. One way to bring the situation under...more

A Sad and Scary Tale: Why Legal Documents Simply Are Not Enough

If you’ve been following along here for any length of time, you’ve seen me write quite often about the need for every adult to have specific legal documents in place. What I haven’t written about quite as much is why...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


Highlighting the Revisions to the Child Custody Rules

In January 2011, the new custody act became effective and changed the landscape of child custody in Pennsylvania. However, the Rules of Civil Procedure pertaining to child custody tracked the custody statutes previously in...more

Insight on Estate Planning - April/May 2013: Estate Planning Pitfall: You’ve named a minor as beneficiary of your life insurance...

A common estate planning mistake is to designate a minor as beneficiary — or contingent beneficiary — of a life insurance policy or retirement plan. This brief article discusses why it’s better to designate one or more trusts...more

Non-Tax Reasons For Creating An Estate Plan

For most individuals - about 99.9% - estate taxes are no longer a concern thanks to the recent "fiscal cliff" legislation. However, that does not mean that estate planning is no longer necessary....more

New Court Mandated Training for All Persons Serving as a Personal Representative, Guardian or Conservator #EstatePlanningAttorney

Notice: Pursuant to Rule 27.1(A) of the Arizona Rules of Probate Procedure, effective September 1, 2012, all non-licensed persons requesting to serve in any court appointed fiduciary capacity must receive training from the...more

Plenary Guardian May File Divorce Petition For Disabled Adult With Court Approval

This morning, the Illinois Supreme Court filed its unanimous opinion in Karbin v. Karbin. In an opinion by Justice Charles E. Freeman, the Court overruled its twenty-six year old decision in In re Marriage of Drews and held...more

Naming Guardians for Your Children / Illinois Civil Union Act

March 2011 Newsletter - Topics include Naming Guardians for Your Children and the new Illinois Civil Union Act....more

Tennessee Supreme Court Holds That Insurer is Entitled to Rely Upon Facially Valid Order of Financial Guardianship Despite...

In Hood v. Jenkins, et al., No. E2011-02749-SC-R11-CV, 2013 Tenn. LEXIS 1009 (Tenn. Dec. 19, 2013), a minor beneficiary of a $100,000 life insurance policy, filed suit against his financial guardian and the insurance company...more

20 Results
View per page
Page: of 1

"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.
*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.