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Estate Planning › Guardianships

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 -
Hendershot Cowart P.C.

Family Members Living With Dementia: Guardianship and Guardianship Alternatives

Hendershot Cowart P.C. on

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

Lerch, Early & Brewer

Ten Reasons Why You Should Prepare a Will

Lerch, Early & Brewer on

Creating a last will and testament is the first step in creating an estate plan – a critical planning tool to ensure that your wishes are honored and that your loved ones are cared for after your death....more

Mitchell, Williams, Selig, Gates & Woodyard,...

SOS - We're flying to Europe in two hours and don't have an estate plan!

Mitchell, Williams, Selig, Gates & Woodyard,... on

Most attorneys who work in the estate planning field have received a panicky, last-minute call from a client or potential client who is about to go overseas on a big trip (generally, the vacation of a lifetime). The anxiety,...more

Lippes Mathias LLP

Testamentary Guardianship: Safeguarding Your Child's Future Through Estate Planning

Lippes Mathias LLP on

Guardians are a type of fiduciary appointed for a minor child or individual determined incapacitated by the courts. When appointed by a Last Will and Testament (“Will”), they are commonly known as testamentary guardians....more

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

Rivkin Radler LLP

The Importance of Estate Planning

Rivkin Radler LLP on

When we think about making plans to secure our future, generally the discussions revolve around education, career, family, and finances. Creating a comprehensive estate plan, including effective advanced directives, can elude...more

Chambliss, Bahner & Stophel, P.C.

What Does Incapacitated Mean in Elder Law & Estate Planning?

Chambliss, Bahner & Stophel, P.C. on

When working with an attorney to prepare for your future and address the challenges associated with aging, you will likely come across the term “incapacitated.” Incapacitated Definition - Someone who is incapacitated...more

Stark & Stark

[Webinar] Estate Planning Series: Avoiding Financial Exploitation of the Elderly – Agencies and Guardianships for Adults - Session...

Stark & Stark on

Aging loved ones, particularly who are struggling, can quickly find themselves in unique and challenging situations. Today’s world poses a host of challenges for those with diminished capacity. Learn what options might be...more

Stark & Stark

[Webinar] Estate Planning Series: Avoiding Financial Exploitation of the Elderly – Agencies and Guardianships for Adults - Session...

Stark & Stark on

Aging loved ones, particularly who are struggling, can quickly find themselves in unique and challenging situations. Today’s world poses a host of challenges for those with diminished capacity. Learn what options might be...more

Burns & Levinson LLP

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

Burns & Levinson LLP on

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

What Is A Standby Guardian?

Dunlap Bennett & Ludwig PLLC on

A standby Guardian is a person or persons you, the parent, or guardian, pre-ordains to be your preferred Guardian in the event of several triggering events. Obviously, a Will covers this in the event of death, but not in...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

Fox Rothschild LLP

:THE EVOLVING ROLE OF GUARDIANSHIP:

Fox Rothschild LLP on

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

Burns & Levinson LLP on

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

Stark & Stark

[Webinar] Estate Planning: Guardianships for Incapacitated Persons - February 28th, 6:00 pm - 7:00 pm ET

Stark & Stark on

Children, elderly relatives, and other loved ones, who suffer from diminished capacity can benefit from surrogate decision making. With the growth of cyber fraud and other forms of manipulation, this issue has become even...more

Stark & Stark

[Webinar] Estate Planning: Guardianships for Incapacitated Persons - February 28th, 12:00 pm - 1:00 pm ET

Stark & Stark on

Children, elderly relatives, and other loved ones, who suffer from diminished capacity can benefit from surrogate decision making. With the growth of cyber fraud and other forms of manipulation, this issue has become even...more

Chambliss, Bahner & Stophel, P.C.

When Does a Person Lack Capacity in a Guardianship?

Chambliss, Bahner & Stophel, P.C. on

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

Quarles & Brady LLP

All I Want for Christmas Are Two New Wisconsin Guardianship Rules!

Quarles & Brady LLP on

Tis the season for giving and, in that spirit, the Wisconsin legislature and courts have given those pursuing adult guardianship two more things to take into consideration as they move through that process. These two holiday...more

Cohen Seglias Pallas Greenhall & Furman PC

Avoiding Court-Appointed Guardianships: The How and Why

Cohen Seglias Pallas Greenhall & Furman PC on

Say somebody close to you—a parent, a cousin, a friend—becomes incapacitated and is unable to make medical, financial or other personal decisions. If they have no planning documents in place (i.e., a power of attorney for...more

Burns & Levinson LLP

I Suspect My Parent Has Alzheimer’s, But They’re in Denial. How Can I Protect Them and Their Estate?

Burns & Levinson LLP on

As parents age, their children may notice certain physical and behavioral changes. The most common physical decline is a parent falling more often, typically while walking up and down stairs or in the bathroom. Physical...more

Pullman & Comley, LLC

What You Need to Know About Conservatorships in Connecticut

Pullman & Comley, LLC on

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

Tucker Arensberg, P.C.

Guardianships in Pennsylvania and a Ward’s Right to Vote

Tucker Arensberg, P.C. on

Far too frequently individuals and their family members find themselves in a situation where they need the authority to step into the shoes of a friend, family or loved one to make critical healthcare and financial decisions...more

Burns & Levinson LLP

How Do I Protect My Generous, Impaired Grandparent?

Burns & Levinson LLP on

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

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

Rivkin Radler LLP

Wendy And Jen Wreck the Movies – Citizen Kane (1941) Or Deposit Money, Not Children, in the Bank

Rivkin Radler LLP on

“Legendary was the Xanadu where Kubla Kahn decreed his stately pleasure dome.” Legendary too were the colossal errors made by Mary Kane in this celebrated classic movie which follows a journalist as he tries to uncover the...more

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