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Estate Planning › Advanced Care Directives

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Fox Rothschild LLP

Measuring Your Marbles: The World of Powers of Attorney

Fox Rothschild LLP on

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

Lerch, Early & Brewer

Planning for the Future: Gaining Peace of Mind Through an Advance Directive

Lerch, Early & Brewer on

Though some situations cannot be avoided, legal documents can be employed to clarify your wishes and priorities. If you become debilitated by an illness or injury, an advance directive can detail which treatments and...more

Dunlap Bennett & Ludwig PLLC

The Key Differences Between A Guardianship And A Conservatorship

Dunlap Bennett & Ludwig PLLC on

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

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

Tucker Arensberg, P.C.

When to Consider a Change in your Estate Planning Documents

Tucker Arensberg, P.C. on

As estate planning attorneys, we not only discuss with clients the importance of having estate planning documents in place, but also the importance of updating documents when life changes. As a rule of thumb, estate planning...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Living Wills: What They Are and Why You Need One - May 26th, 12:00 pm - 1:00 pm ET

Cohen Seglias Pallas Greenhall & Furman PC on

More than 50% of Americans lack an estate plan, which can lead to tricky situations down the road when a loved one gets sick or passes away. A living will, or advanced directive, in particular, can be a critical document in...more

Burns & Levinson LLP

Does My Family Member Need a Conservator? What Would That Look Like?

Burns & Levinson LLP on

It can be difficult to talk with loved ones about protecting their assets or managing their financial affairs. Even if you have been assisting your loved ones with their finances for some time, it can be quite emotional and...more

Burns & Levinson LLP

How Appointing a Power of Attorney Can Benefit Your Life

Burns & Levinson LLP on

In general, estate planning benefits not only the principal’s life, but also the lives of their family members and agents. Prior planning includes wills, trusts, health care proxies, advanced health care directives and...more

Burns & Levinson LLP

Planning Ahead: 5 Ways to Mitigate Risk in Probate Litigation

Burns & Levinson LLP on

Under the umbrella of probate litigation falls guardianship and conservatorship disputes, Will and trust contests, fights over family real estate and whether or not a gift was actually meant to be a gift. The most basic and...more

Weintraub Tobin

But I’m Too Young To Have A Will!

Weintraub Tobin on

Planning for the end of one’s life, or potential incapacity, is probably something an individual in their 20’s, 30’s, or even 40’s does not want to contemplate. Even those in their later years might find it a difficult topic...more

Burns & Levinson LLP

“I Care A Lot” – Could It Happen to Me?

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If you’re a probate attorney (or someone with a Netflix account), I expect you’ve seen or heard about the somewhat disturbing film “I Care a Lot.” The movie, which debuted on Netflix in February 2021, is a dark comedy...more

Burns & Levinson LLP

Understanding Conservatorship and Guardianship

Burns & Levinson LLP on

After suffering a major stroke in response to her husband’s untimely death, Juliet remains alive but unresponsive in the hospital. She will need an individual or individuals to make health care and other personal decisions,...more

Burns & Levinson LLP

Disclaimers: A Useful Tool Through a Conservator for a Single Transaction

Burns & Levinson LLP on

As a reminder about the Austen family, wife Juliet suffered a stroke upon learning the news of her husband’s death. She is alive but unresponsive. Her husband’s estate planner, Attorney Hume, advised their daughter Kate that...more

Burns & Levinson LLP

Guardianships and Conservatorships: Examining the Austen Family

Burns & Levinson LLP on

Rogers Guardianship For families like the Austens, guardianship can offer crucial tools to help protect, treat, and improve the quality of life for a loved one, like Claire, who is living with schizophrenia, bipolar...more

Burns & Levinson LLP

Cast of Characters Involved in a Guardianship and Conservatorship Proceeding

Burns & Levinson LLP on

These proceedings often involve a lot of parties, and often times clients are surprised that so many “extra” people are involved in their family affairs....more

Burns & Levinson LLP

Guardianship and Conservatorship: Standing, Notice, and Objections

Burns & Levinson LLP on

As promised in my prior post on initial Guardianship and Conservatorship filings, this post will expand on issues of standing, notice, and objections. Who can file for Guardianship or Conservatorship?  Any interested party...more

Burns & Levinson LLP

Planning for Incapacity or Disability

Burns & Levinson LLP on

My colleague, Hether Cahill, previously addressed the relationship between a guardianship and health care proxy and a conservatorship and durable power of attorney.  The purpose of this blog is to further explore the use of...more

Burns & Levinson LLP

Guardianship and Conservatorship: Relationship with Health Care Proxy and Durable Power of Attorney

Burns & Levinson LLP on

As previously discussed, guardianships and conservatorships involve making personal and financial decisions for persons who are unable to make decisions for themselves.  This sounds a lot like what can be accomplished by a...more

Dentons

Living Will and Medical Directives in Light of COVID

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First and foremost, let’s address a common misconception we’re seeing right now: a Living Will is NOT the same as a Last Will and Testament. The terms “living will” and “medical directives” are hot topics currently as many...more

Cranfill Sumner LLP

COVID-19: Top 5 Estate Planning Essential Tools

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Amid the chaos of COVID-19, estate planners and elder law attorneys across the country are busy fielding calls and questions about how to prepare for the global pandemic. After all, aside from drafting and executing estate...more

Conn Kavanaugh

An Ounce of Prevention...

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As the saying goes, an ounce of prevention is worth a pound of cure. That is a message that we have all been getting as the COVID-19 virus spreads. Don’t panic, cover your cough, stay home when sick, and above all else, wash...more

Conn Kavanaugh

New Year's Resolutions for your Estate Plan

Conn Kavanaugh on

Many of us love to make New Year’s resolutions – with a fresh, clean calendar laid out before us, the possibilities seem endless! But that vast expanse of “what might be” can also be overwhelming. So, if estate planning is on...more

Conn Kavanaugh

Health Care Proxies in Massachusetts: Have the document, then have the conversation

Conn Kavanaugh on

In Massachusetts, communicating and enforcing our health care wishes is a two step process. First, we must have the document. Under our state laws, a health care proxy must be in writing, be executed properly, and must name a...more

Conn Kavanaugh

Discussing Death and Dying

Conn Kavanaugh on

A morbid topic? Of course! But for our older clients and their adult children in the sandwich generation (young children of their own and aging parents) having the discussion can be extremely beneficial to both the elder and...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - April/May 2019: A second walk down the aisle can complicate estate planning

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An estate planning rule of thumb is to review (and, if necessary, revise) one’s estate plan in light of major life events. Such events include a marriage, birth of a child and a divorce. A second marriage also calls for an...more

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