Celebrities like Jay Leno and Emma Hemming Willis (married to Bruce Willis) are speaking out about their experiences with guardianship and caregiving. If you are caring for a family member with dementia too, a time will...more
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
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
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
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
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
Smith v. Confer is a relocation case decided by the Superior Court on May 3. It’s non precedential but it’s a wild one. The parents of the child shared custody from August 2016 until August 2019 when mother decided to...more
The guardianship of an adult, in which a judge appoints an individual to make choices for a person over 18, is appropriate when the adult lacks capacity. Capacity is a general legal term that refers to a person’s cognitive...more
California probate courts may appoint guardians ad litem (“GALs”) to represent the interests of those who cannot speak for themselves, including minors. While Probate Code section 1003 provides for the appointment of GALs, it...more
California courts may appoint guardians ad litem as helping hands to act for those unable to make their own decisions in litigated cases because they are minors or incapacitated adults...more
Arbitrations can sometimes take on a more informal tone than an in-court proceeding. The entire vibe of the proceeding can be more relaxed; there’s usually no bailiff, nobody is wearing a black robe, and many of the...more
The Minnesota Court of Appeals ruled that, under Minnesota law, guardians are immune from liability for negligently performing their duty to provide care for a person subject to guardianship. The opinion continues the...more
WHAT IS A GUARDIAN AD LITEM? It is no secret that, inherent in any legal proceeding, are a copious number of Latin terms and phrases. For those not trained in the law—as well as for those that do not have any prior...more
Our team here at Ruder Ware has focused previous blogs and other educational materials on ways to avoid adult guardianship; however, there may be some instances where guardianship is unavoidable. Earlier this month, I...more
As we face the increasing spread of COVID-19, many parents are considering the possible impact of the pandemic on our abilities to care for our children, and how best to prepare. In Massachusetts, there are several options to...more
Many states, including North Carolina, allow people to execute certain legal documents called Powers Attorney. In a Power of Attorney, a person, called the Principal, can appoint other trusted individuals, called Agents, to...more
A Virginia hospital has found an eyebrow-raising solution to some of its struggles with elderly, poor, and sick patients who take up beds and medical resources that might generate more revenue and less headache for the...more