News & Analysis as of

Conservators

District Court Discharges Phoenix Fire And Marine Insurance Company Conservator

by Carlton Fields on

After 14 years, the Commissioner of Insurance of the Virgin Islands has been discharged as conservator of Phoenix Fire and Marine Insurance Company (“Phoenix”). The Commissioner reported that: $15,936,228.13 had been paid to...more

Guardianship, Mental Incapacity and the Right to Vote

All U.S. citizens have a federally guaranteed right to vote, but those under guardianship (or conservatorship) may not have that right. Although things are slowly changing, some states still deny citizens the right to vote if...more

Standing Up to Your Siblings: Who Can Bring a Financial Elder Abuse Claim?

by Downey Brand LLP on

While financial elder abuse is a serious problem in California, not just anyone can sue to protect an abused elder. This is especially true if the elder does not want to bring suit in the first place. On April 19, 2017, the...more

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

by Bryan Cave on

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

by LeClairRyan on

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

New Law Deals With Digital Assets After Death

by Snell & Wilmer on

In an article earlier this year we noted that at a large number of states had introduced legislation to address an emerging issue that is unique to our Information Age: how will our digital assets be accessed and used (or...more

Missouri Bank Hit for Punitive Damages & Found Liable for Fiduciary’s Misappropriation of Funds

by Lathrop Gage on

In Delarosa v. Farmer's State Bank, the Missouri Court of Appeals, W.D., expounded upon the duty imposed upon Missouri Banks under § 469.270 of the Missouri's Uniform Fiduciaries Law ("UFL"). Specifically, the court addressed...more

Privacy + Estate Planning = Handling Your Digital Assets After You Die

by Snell & Wilmer on

The recently-proposed Revised Uniform Fiduciary Access to Digital Assets Act (“Revised UFADAA”) is a potential solution to a problem that most of us eventually will face: how will our digital assets be accessed and used (or...more

Is Mental Impairment a Basis to Claim "Non-willful" Behavior?

by Sanford Millar on

The Tax Crimes Handbook of the Office of Chief Counsel, Criminal Tax Division of the Internal Revenue Service defines "Willfulness” as follows...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

Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 2)

by LeClairRyan on

This is Part 2 in the series of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. In Part 1, I discussed 5 of the 10 factors, and the following round out the...more

Health Alert (Australia) - November 2, 2015

by DLA Piper on

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

Who Will Inherit Whitney Houston's Fortune Following Bobbi Kristina's Death -- and What Are the Lessons?

Nearly two decades before her death in 2012, singer Whitney Houston executed a will specifying how her assets would be distributed to any children she might have. That 1993 will provided for a trust that would eventually...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

Appellate Court Notes

by Pullman & Comley, LLC on

Plaintiff was appointed conservator over a young woman with psychological issues. A married man befriended her over the internet. She then suffered a stroke, limiting her mobility, and the married man started visiting her...more

FHFA Director Watt outlines 2014 strategic plan for Fannie Mae and Freddie Mac

by Ballard Spahr LLP on

House in GlobeOn May 13, 2014, Federal Housing Finance Agency (FHFA) Director Mel Watt gave his first major policy speech regarding the future of Fannie Mae and Freddie Mac since being sworn in on January 6, 2014. In his...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

Fannie And Freddie Shareholders To US: 2008 Government Takeover Of Mortgage Giants Good For The Country; Not So Much For Us

Can shareholders of a government-sponsored enterprise successfully challenge the constitutionality of a government takeover of the entity? ...more

FHFA Update on GSE Conservatorships

On March 19, Edward J. DeMarco, acting director of the FHFA, gave an update on the GSE conservatorships before the U.S. House Committee on Financial Services. Mr. Demarco discussed: (i) the goals of the FHFA as conservator;...more

Orrick's Financial Industry Week in Review - March 25, 2013

In This Issue: *Financial Industry Developments - Agencies Issue Updated Leveraged Lending Guidance - CFTC No-Action Relief from Required Clearing for Some Partial Swap Novations and Terminations - FHFA...more

California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on...

A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP...more

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