News & Analysis as of September 25, 2024

Estate Planning › Conservators

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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 -

Durable Power of Attorney – One of Your Most Important Estate Planning Documents

Lasher Holzapfel Sperry & Ebberson PLLC on 7/16/2024

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

Measuring Your Marbles: The World of Powers of Attorney

Fox Rothschild LLP on 3/11/2024

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

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

Chambliss, Bahner & Stophel, P.C. on 11/10/2023

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

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

Chambliss, Bahner & Stophel, P.C. on 10/6/2023

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

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

Burns & Levinson LLP on 8/18/2023

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

Dementia Causes Uneasy Balance Between Freedom and Protection

Downey Brand LLP on 7/5/2023

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

The Key Differences Between A Guardianship And A Conservatorship

Dunlap Bennett & Ludwig PLLC on 6/1/2023

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

Four Basic Aspects About Fiduciary Litigation

Burns & Levinson LLP on 5/11/2023

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

:THE EVOLVING ROLE OF GUARDIANSHIP:

Fox Rothschild LLP on 3/29/2023

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

Explaining Guardianship and Conservatorship to a Loved One/Beneficiary

Burns & Levinson LLP on 2/16/2023

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

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

Warner Norcross + Judd on 2/3/2023

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

Declining Mental Capacity and How It Affects Estate Plans

Woodruff Sawyer on 11/15/2022

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

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

Downey Brand LLP on 10/24/2022

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

How to Fire Your Fiduciary

Burns & Levinson LLP on 10/18/2022

There may come a time in your life when you are in need of a fiduciary. A fiduciary relationship is deemed to exist when one party is bound to act for the benefit of another party. You may have the opportunity to choose your...more

This Is National Estate Planning Awareness Week

Warner Norcross + Judd on 10/18/2022

Congress instituted National Estate Planning Awareness week in 2008 to help Americans understand estate planning and its role in a person’s financial well-being. It’s a great reminder to organize, review and update your...more

Choosing the Proper Fiduciaries for Your Estate Plan

Burns & Levinson LLP on 8/18/2022

When preparing your estate plan, it is essential to designate the proper fiduciaries to handle your affairs during your incapacity or after your death. How do you choose the right person for each of these roles? This is one...more

What You Need to Know About Conservatorships in Connecticut

Pullman & Comley, LLC on 5/16/2022

There have been a few notable instances recently in pop culture that have shined a spotlight on conservatorships. As one might expect, the laws regarding conservatorships vary from state to state. Another type of individual...more

Legal Ethics Trend – Representing Clients with Diminished Capacity

Hinshaw & Culbertson - Lawyers' Lawyer... on 5/4/2022

The #FreeBritney movement catapulted the ethical challenges of conservatorships into the public eye. Pop icon Britney Spears, whose father was appointed as her conservator in 2008, stands at the center of this cultural...more

How Do I Protect My Generous, Impaired Grandparent?

Burns & Levinson LLP on 4/14/2022

Picture this: your beloved grandfather hands out cash gifts to his three grandchildren every year on their birthdays. Each grandchild receives $100 every year like clockwork. Then, one year, your grandfather gives your cousin...more

Elder Abuse Restraining Orders May Prevent Estate Planning Changes

Downey Brand LLP on 3/29/2022

Can a California court stop others from changing an elder’s estate plan? Yes, in extreme circumstances, suggests a case arising from conflict in a blended family over which side would benefit from an elder’s trust....more

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

Burns & Levinson LLP on 3/16/2022

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

Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

Downey Brand LLP on 2/15/2022

We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and...more

Blast from the Past – Trusts Subject to Medi-Cal Reimbursement

Downey Brand LLP on 1/19/2022

We begin the year with a case, Riverside County Public Guardian v. Snukst (2022) ___ Cal.App.5th ___, involving an elder with dementia who received Medi-Cal benefits. The case, a blast from the past, illustrates how the...more

[Webinar] Conservatorship Primer: A Case Study of the Britney Spears Conservatorship - January 26th, 10:00 am - 11:00 am PST

Greenberg Glusker LLP on 12/2/2021

This program will briefly detail the requirements of obtaining a probate conservatorship in California over an adult individual’s person and estate. It will include information about obtaining emergency orders of...more

Avoiding Probate Litigation: An Attorney’s Top 5 Tips

Burns & Levinson LLP on 10/29/2021

The most basic and streamlined approach to avoiding probate litigation is planning ahead. Plans may include full, comprehensive estate plans, simple transfers of real estate, the implementation of protective measures or...more

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Estate Planning › Conservators

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