News & Analysis as of

Guardians

The Truth Why You Need A Will

It’s the holiday season…one of the busiest times of the year. So, it’s a pretty safe bet that folks are not spending time right now thinking about what would happen to their financial assets and material possessions after...more

Estate Planning for Empty Nesters

by Bowditch & Dewey on

Your youngest child is finally off to college. The spare bedroom is now a cozy den. The weekly grocery bill has been cut in half. Even the dog is enjoying the peace and quiet. What to do with your newfound freedom? Before you...more

Navigating The Added Challenges Of Divorce In New Jersey With A Special Needs Child

by Cole Schotz on

Divorce is an unfortunate reality for many couples and can be especially complicated and heartbreaking when children are involved. Parents of children with special needs, however, face additional challenges. ...more

Who Do You Want To Be Your Voice for Medical Matters?

by Pessin Katz Law, P.A. on

In the recently completed legislative session, a bill was passed to revoke the ability of certain individuals to serve as an Agent under a Medical Directive. A Healthcare Directive informs your health care provider about your...more

Estate planning during divorce: It’s never too early to start

by Thompson Coburn LLP on

Estate plans prepared for married couples will vary in complexity and detail but generally follow the same theme: The revocable trust or will typically provides that upon the death of the first spouse, the surviving spouse...more

Guardians Should Guard Against Claims Of Undue Influence

by Bryan Cave on

A guardian‘s job requires that the guardian be involved in the affairs of the ward. In turn, the ward likely is going to be dependent on and trust the guardian. Chances are – because Georgia sets an order of preference for...more

How Does Remarriage Impact Wills and Inheritances?

Divorce and remarriage are common in the United States, and most legal professionals place these issues squarely within the family law realm. However, people who remarry should also carefully revisit their estate plan...more

Are You Considering A Revocable Living Trust?

The revocable living trust is often advertised as a “must have” part of your estate plan. While a revocable living trust may be useful in some situations, it is not an estate planning cure all. The following are issues to...more

Standing Up to Your Siblings: Who Can Bring a Financial Elder Abuse Claim?

by Downey Brand LLP on

While financial elder abuse is a serious problem in California, not just anyone can sue to protect an abused elder. This is especially true if the elder does not want to bring suit in the first place. On April 19, 2017, the...more

5 Important Estate Planning Lessons for Parents in Manchester by the Sea

When released in late 2016, Manchester by the Sea, directed by Kenneth Lonergan and starring Casey Affleck, received nearly unanimous critical acclaim for exploring themes related to family, personal tragedy, and grief. For...more

New Law Expands the Duties of a Guardian of a Ward’s Person

by Clark Hill PLC on

The addition of subsection (g) to 755 ILCS 5/11a-17, effective January 1, 2017, expanded the rights of family members of a legally disabled adult (a “ward”) and added to the duties of a guardian of the ward’s person. Absent...more

The Emotional Charge of Guardianship: a Point of View from an Independent Guardian

by Reminger Co., LPA on

A parent of young children feels incredible stress and sadness when their children fight. When healthy, the parent is capable of breaking up the fight or at least standing in between to force peace or at least stave off war....more

Individuals with Special Needs Can Now Create First Party Trusts

by Cole Schotz on

President Obama just signed a new law that allows First Party Special Needs Trusts to be established by mentally competent individuals for their own benefit. This is a major “fix” to the current law which only allows First...more

Some Not So Obvious Reasons to Have a Will

by Pessin Katz Law, P.A. on

Many times I have heard the following questions from prospective clients: “If my things will pass to my spouse and children automatically, why do I need a Will?” or “My estate is not large enough to be subject to estate...more

Picking A Conservator: Speak Now Or The Court May Forever Hold Your Peace

by Bryan Cave on

Guardianships and conservatorships are seldom happy events. Despite whatever may have precipitated the need for financial or personal protection, there must be an attempt to respect the desires of the ward, if possible. ...more

Guardianship Petitions by Long Term Care Facilities

by LeClairRyan on

This blog post explains how long term care facilities (LTCFs) can consider utilizing guardianship and conservatorship petitions for problematic situations where a resident has named an agent under a power of attorney (POA),...more

Virginia Supreme Court Issues New Ruling Regarding Guardianship Orders

by LeClairRyan on

A recent Virginia Supreme Court case highlights the importance of using precise language in an order appointing a guardian, as well as ensuring that when a guardian files suit on behalf of a ward, the guardian sues in the...more

Guardianships for Disabled Young Adults

by LeClairRyan on

Consider a common situation: Mom and Dad care for their severely disabled child, who is quickly approaching 18 years of age. Let’s call this hypothetical soon-to-be adult Jane. Jane has suffered from severe autism her whole...more

Guardianship Court Permitted to Annul Marriage [Florida]

by Charles (Chuck) Rubin on

An incapacitated ward had his rights to contract removed by a guardianship court. The ward thereafter married, without court approval. The marriage was then challenged based on FS 744.3215(2)(a) (2013). That statute provides...more

Before Signing Anything on Behalf of Someone Else, Talk to Your Special Needs Planner

People lack the ability to sign documents for various reasons. In some cases, a person has suffered from a disability since birth and has never had the mental capacity to make decisions for himself. In other cases, an injury...more

What Happens to the Youngest Victim of the San Bernardino Shooting?

On Wednesday, December 2, 2015, while a holiday office party was taking place at the Inland Regional Center in San Bernardino, California, Syed Farook and his wife, Tashfeen Malik, dressed in masks and body armor, entered the...more

Health Alert (Australia) - November 2, 2015

by DLA Piper on

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australian Capital Territory 29 October 2015 - In the matter of ER (Mental Health and Guardianship and...more

Recent Legislation Brings Rhode Island out of the Past and into the Present in the Area of Adult Guardianships

by Partridge Snow & Hahn LLP on

On July 10, 2015, Rhode Island enacted significant legislation to address the ever-growing reality of incapacitated adults (persons having attained age eighteen) who need a guardian but spend time in more than one state. ...more

New Jersey Court Holds Financial Institutions are Not Required to Report Suspected Elder Fraud

by Cole Schotz on

In a case of first impression, the Superior Court of New Jersey held that financial institutions do not have an affirmative duty to report suspected fraud upon senior citizens or vulnerable individuals. See Lucca v. Wells...more

CFPB issues state-specific guides for financial caregivers

by Ballard Spahr LLP on

In October 2013, the CFPB released four “Managing Someone Else’s Money” guides for financial caregivers, particularly those who handle the finances of older Americans. The booklets were designed for four different categories...more

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