News & Analysis as of

Power of Attorney

U.S. Supreme Court Says: We Mean It--You Can’t Single Out Arbitration Agreements for Disfavored Treatment

by Foley & Lardner LLP on

On Monday, May 15, 2017, the Supreme Court issued its latest reminder to state and lower federal courts that they must treat arbitration agreements as equally valid as all other contracts. In Kindred Nursing Centers Limited...more

Supreme Court Holds Federal Arbitration Act Preemption Applies To Contract Formation Rules

by Carlton Fields on

Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding...more

Supreme Court Emphatically Defends Arbitration Agreements from State Interference

by Littler on

On May 15, 2017, the U.S. Supreme Court reiterated the principle that the Federal Arbitration Act (FAA) requires states to treat arbitration agreements just as they treat other types of contracts. In Kindred Nursing Centers...more

Dispute Between Brothers Demonstrates Need to Plan for Long-Term Care

A recent New Jersey appeals court case demonstrates how important it is for families to come up with a long-term care plan before an emergency strikes. The case involves two brothers who got into a fight over whether to place...more

No Pre-Emption Exemption - The U.S. Supreme Court and the Kentucky Supreme Court are not kindred spirits with respect to state law...

The U.S. Supreme Court and the Kentucky Supreme Court are not kindred spirits with respect to state law restrictions on arbitration agreements....more

U.S. Supreme Court Reaffirms FAA Preemption Over Discriminatory State Laws

by Ballard Spahr LLP on

Emphasizing that the Federal Arbitration Act (FAA) preempts state laws that "single out arbitration agreements for disfavored treatment," the U.S. Supreme Court has overturned the Kentucky Supreme Court's refusal to enforce...more

Nursing Homes Finally Score a Victory: the Supreme Court of the United States Rules that States May Not Treat Arbitration...

by Tucker Arensberg, P.C. on

As blogged about before, the nursing home industry has long been under fire for the arbitration agreements used as part of the industry’s admissions process. Yesterday, in a victory for the industry, the Supreme Court of the...more

SCOTUS Reverses KY Nursing Home Arbitration Decision; Refuses To Prioritize Right To Jury Trial

Just as I predicted, SCOTUS reversed the Kentucky Supreme Court’s decision in Kindred this morning. The interesting piece, though, is that the seven member majority went out of its way to cut off some of the “on trend”...more

Ohio’s New Laws Governing the Management of Digital Property After Death

by Reminger Co., LPA on

When Ohio House Bill 432 and Ohio Revised Code Chapter 2137 became effective on April 4, 2017, estate fiduciaries were given new tools for managing a decedent’s digital property....more

Court Affirms Sanctions Order Against Fiduciary Due To Discovery Abuses

by Winstead PC on

In Eng v. Kolbe, a mother sued her daughter for abusing a power of attorney document. No. 03-15-00409-CV, 2017 Tex. App. LEXIS 2680 (Tex. App.—Austin March 30, 2017). The daughter was assisting her aging parents with their...more

Isn’t a Power of Attorney Just for Old People, Right? Wrong!

by Jaburg Wilk on

Why Young Adults Need Power of Attorneys - When children turn 18, they legally become adults. If there was a catastrophic life event which rendered them unable to make their own life decisions, their parents no longer...more

National Healthcare Decision Day: Have you had the conversation?

April 16, 2017 marks the start of National Healthcare Decision Day (NHDD) (www.nhdd.org), a week-long, nation-wide event which exists to inspire, educate and empower the public and providers about the importance of advance...more

A Guide To: Challenging a Financial Durable Power of Attorney in Michigan

by Clark Hill PLC on

An estate plan is often conceived as a plan drawn up during one's lifetime with the stated intention of transferring one's property upon death. The most common forms of estate planning documents include Last Wills and...more

Agents Under Power of Attorney – Where Will You Get Hauled Into Court?

by Bryan Cave on

Powers of attorney can be matters of convenience or matters of necessity – the principal either doesn’t want to do something or the principal can’t do something. For the agents under a power of attorney, allowing yourself to...more

National Health Care Decisions Day

by Tucker Arensberg, P.C. on

National Health Care Decisions Day, for its 10th anniversary, is being “celebrated” all week – April 16 – 22, 2017. The event focuses on making health care planning, including healthcare proxies and advance directives/ living...more

New Washington Law Regarding Durable Powers of Attorney Provides for Significant Changes to Previous Law

by K&L Gates LLP on

A power of attorney is an integral part of a person’s estate plan. Under a power of attorney, a person (known as the principal) gives broad powers to another party (known as an agent or attorney in fact) to act on his or her...more

New Qatar Arbitration Law - March 2017

by Hogan Lovells on

On 16 February 2017, Qatar adopted a new arbitration law (Law No. 2 of 2017) promulgating the Law of Arbitration in Civil and Commercial Matters (the "Qatar Arbitration Law"). This supersedes the arbitration chapter contained...more

Life and Death Planning: The Essential Legal Tools Every Person Should Have

by Miles & Stockbridge P.C. on

We all know we are not immortal. Death is a certainty for all of us. But the topic of death and our own mortality can be one of discomfort, or even denial. We’ve all made or heard the usual excuses for avoiding or delaying...more

You're Not the Boss of Me: Parents Don't Answer to Children

by Bennett Jones LLP on

Should the Court consider why a donor is making or revoking a Power of Attorney? This was the question before the Court in Pirie v Pirie, 2017 ABQB 104....more

Fiduciary Access To Digital Assets

by Pessin Katz Law, P.A. on

I don’t need to tell you that social media has become a mainstream way to communicate ideas, photos, and information. Even the President uses this technology as a prime form of expression. Have you considered what happens to...more

Getting Your House in Order: Estate Planning is for Everyone

A recent survey found that nearly 50% of individuals with children do not have a Will and over 40% of individuals over the age of 55 do not have one. Whether a person is 18 or 98 with net assets of $200,000 or $20 million,...more

Do You Have a “Day After” Insurance Policy?

by Pessin Katz Law, P.A. on

Insurance is a form of risk management, designed to minimize the loss associated with certain events like flood, fire, accidents, disability, and even death. Most insurance requires an agent and the payment of premiums. ...more

Should You Invest In Long-Term Care Insurance?

by Fraser Trebilcock on

It is very difficult to predict whether you or a loved one will one day need long-term care insurance. A diagnosis like Alzheimer’s disease or another dementia can drastically change your life and your financial plans. With...more

PCT national phase – filing requirements

by FPA Patent Attorneys on

Please see chart below for more information....more

Sixth Circuit Affirms District Court’s Colorado River Abstention And That State Court Appropriately Determined Arbitration...

by Carlton Fields on

An earlier-filed state court action determined the enforceability of an arbitration agreement, before a federal district court could rule on a motion to compel arbitration. The federal district court thereafter abstained from...more

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