News & Analysis as of

Conservators

Warner Norcross + Judd

Does a Fiduciary Have a Duty to Always Sell Real Estate to the Highest Bidder?

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A conservator is an individual who manages the finances of an incapacitated individual, and a conservator cannot sell real estate owned by the incapacitated person without prior probate court approval. MCL 700.5423(3)....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

Warner Norcross + Judd

How Solid is the Stipulated Order for Paying Litigation-related Attorney Fees from a Trust?

The Michigan Court of Appeals recently issued an interesting ruling regarding the ability of a litigant in probate litigation to recover attorney fees from the trust in dispute, even if all parties agree to such payment. In...more

Fox Rothschild LLP

Measuring Your Marbles: The World of Powers of Attorney

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Because this writer is now of “that age” and the topic of senior mental infirmity seems to be a focal point of the 2024 Presidential race, I have been watching a podcast about powers of attorney and their cousins the...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

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

Fox Rothschild LLP

Walking Jay Leno’s Path: The Family Member in Decline

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In each instance where we write about the domestic problems of the rich and famous we try to note that their resources make their lives and their choices inherently different. Last year we covered the Costner divorce and the...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

Chambliss, Bahner & Stophel, P.C.

Navigating Sleepless Nights: A Mother’s Guide to Special Needs Planning

I was driving to work on August 24, listening to Lady Gaga on my Pandora radio station, when suddenly, I had a strong urge to call my younger daughter, Hannah. We talk regularly, so it isn’t unusual that I call her on my way...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

Lippes Mathias LLP

Guardianships Unwrapped: Navigating the Maze of Legal Guardianship

Lippes Mathias LLP on

From Britney Spears to Michael Oher, conservatorships have been a hot topic lately. There are many questions surrounding when a conservatorship or guardianship is appropriate and how that is determined. The words...more

Chambliss, Bahner & Stophel, P.C.

[Webinar] Estate Planning Doesn't Have to be Scary - October 26th, 12:00 pm - 1:00 pm EDT

Planning ahead for the unknown can be frightening and intimidating. However, our team is here to expel the spine-chilling misconceptions of advance directives, estate planning, and estate administration. Sally Brewer,...more

Burns & Levinson LLP

Conservatorship Gone Wrong: Why Does it Seem to Happen So Often and How Can I Prevent It?

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This week, we heard about yet another conservatorship that may have been improper or involved misconduct: that of Michael Oher, the former NFL player. I take no position on the truth of the matter, that is what the discovery...more

Dunlap Bennett & Ludwig PLLC

Blindsided: Explaining Conservatorship Vs Adoption

The Blind Side is an Oscar award-winning movie based on the life of a young man in Tennessee, Michael Oher, and the unrelated Touhy family he lived with while in high school. A new lawsuit raises several interesting issues....more

Lowndes

All Eyes on Oher: The Crucial Role of Quality Legal Counsel for Proposed Wards in Guardianship Cases

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Michael Oher, retired NFL star, filed a petition in probate court on Monday asserting that he was tricked into consenting to a conservatorship (in Florida we refer to this as guardianship) which he believed was an adoption by...more

Warner Norcross + Judd

When is a Court Filing Considered “Frivolous,” Allowing for Court Sanctions?

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In the recent case of In re Conservatorship of DPV, Docket No 362139 (Mich Ct App July 27, 2023), the court explores when a court — here the probate court — can sanction a party for a “frivolous” filing....more

Vinson & Elkins LLP

Be Careful with Letters of Credit

Vinson & Elkins LLP on

On March 10, 2023, the California Department of Financial Protection and Innovation closed Silicon Valley Bank, Santa Clara, California (“SVB”) and subsequently appointed the Federal Deposit Insurance Corporation (“FDIC”) as...more

Downey Brand LLP

Dementia Causes Uneasy Balance Between Freedom and Protection

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Independence Day invites reflection on another form of freedom. How do we respect the autonomy of California’s elders who experience progressive forms of dementia while protecting them from potential abuse and other harm?...more

Dunlap Bennett & Ludwig PLLC

The Key Differences Between A Guardianship And A Conservatorship

Guardianship and conservatorship are both legal arrangements in which a court appoints someone to act on behalf of another person who cannot take care of themselves. A person is deemed legally incapacitated when they cannot...more

Burns & Levinson LLP

Four Basic Aspects About Fiduciary Litigation

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Fiduciary litigation, which includes disputes involving families, estates, trusts, and property transfers, can be complex and daunting. However, there are certain basic, frequently encountered aspects of fiduciary...more

Fox Rothschild LLP

:THE EVOLVING ROLE OF GUARDIANSHIP:

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I wanted to start this essay by reference to history and so I grabbed my bedside copy of Sir William Blackstone’s Commentaries on the Laws of England (1765) to show that guardianship had ancient traditions. In one sense the...more

Burns & Levinson LLP

Explaining Guardianship and Conservatorship to a Loved One/Beneficiary

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Conversations with loved ones who are declining in health and perhaps advancing in age are difficult. Such difficulty is only exacerbated when that loved one is losing their ability to make healthcare decisions on their own...more

Warner Norcross + Judd

Appointment of a Guardian Does Not Mean That the Ward Automatically Lacks Testamentary Capacity

People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a guardian/conservator amounts to a...more

Woodruff Sawyer

Declining Mental Capacity and How It Affects Estate Plans

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What do Glen Campbell, Rosa Parks, Gene Wilder, Aaron Spelling, Etta James, and Peter Falk have in common? They are all celebrities whose Alzheimer’s disease impacted their estate planning. Current and historic headlines are...more

Downey Brand LLP

Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents

Downey Brand LLP on

What pea is in which pod? California probate disputes often involve questions of property ownership. Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true...more

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