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Estate Planning › Power of Attorney › Conservators

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 -
Lasher Holzapfel Sperry & Ebberson PLLC

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

Lasher Holzapfel Sperry & Ebberson PLLC on

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

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

Chambliss, Bahner & Stophel, P.C.

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

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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

Chambliss, Bahner & Stophel, P.C.

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

Chambliss, Bahner & Stophel, P.C. on

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

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:

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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

Burns & Levinson LLP

How to Fire Your Fiduciary

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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

Warner Norcross + Judd

This Is National Estate Planning Awareness Week

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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

Burns & Levinson LLP

How Do I Protect My Generous, Impaired Grandparent?

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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?

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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

Planning Ahead: 5 Ways to Mitigate Risk in Probate Litigation

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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

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

Before There Was Britney, There Was Amanda Bynes: An Attorney’s Insights on High-Profile Conservatorship

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In the early days of this blog, I enjoyed using celebrity estate-planning blunders to illustrate what not to do in terms of your own planning. I’ve been thinking a lot about that series lately, particularly as stories about...more

Burns & Levinson LLP

Understanding Conservatorship and Guardianship

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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

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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

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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

Shutts & Bowen LLP

The Importance of Regular Check-ups for a Healthy Estate Plan

Shutts & Bowen LLP on

After creating and implementing a plan for your estate, it is important to regularly revisit your plan to ensure that it is still reflective of your values and goals for passing along your legacy. Seemingly small changes in...more

Burns & Levinson LLP

Cast of Characters Involved in a Guardianship and Conservatorship Proceeding

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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

Bowditch & Dewey

Four Basic Estate Planning Documents that Everyone Needs

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Many people think they don’t need “estate planning” because they don’t have enough assets to generate an estate tax; however, there are four basic estate planning documents everyone should have regardless of net worth. 1....more

Burns & Levinson LLP

Guardianship and Conservatorship: Standing, Notice, and Objections

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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

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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

Burns & Levinson LLP

Guardianship and Conservatorship: Initial Filing and Emergency Orders

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Continuing with this month’s focus on special needs planning and decision-making, and building off of a prior post introducing the concepts of guardianship and conservatorship, this post will focus on the initial procedural...more

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