News & Analysis as of

Guardians Power of Attorney

Lasher Holzapfel Sperry & Ebberson PLLC

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

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

Warner Norcross + Judd

Can a Professional Guardian Delegate Their Decision-making Powers to an Employee?

Yes, as recently decided by the Michigan Supreme Court, but only if the professional guardian first executes a specific type of power of attorney document delegating authority to the employee to exercise such powers. This...more

Warner Norcross + Judd

Michigan’s New Uniform Power of Attorney Act

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On November 7, 2023, Governor Gretchen Whitmer signed into law Michigan’s House Bill 4644, which enacts the Uniform Power of Attorney Act (UPOAA). This legislation will be effective on July 1, 2024, and is intended to:...more

Lippes Mathias LLP

Guardianships Unwrapped: Navigating the Maze of Legal Guardianship

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From Britney Spears to Michael Oher, conservatorships have been a hot topic lately. There are many questions surrounding when a conservatorship or guardianship is appropriate and how that is determined. The words...more

Stark & Stark

Guardianship vs. Power of Attorney: What Do I Need?

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At some point in our lives there may come a time when we need to rely upon another individual to assist us with managing our finances, managing our healthcare, or simply helping us with daily tasks. One question that...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

Hendershot Cowart P.C.

Assessing the Drawbacks and Benefits of Adult Guardianship

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Adult guardianship is a legal relationship in which a person (the “guardian”) is appointed by a court to make decisions on behalf of another adult (the “ward”). Adult guardianship arrangements are meant to benefit and protect...more

Bowditch & Dewey

8 Estate Planning Considerations - Don’t Tax Yourself

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The idea of a visit to an attorney for your estate planning can be daunting. Below is a list of to-do items or at least items to think about before your visit. MAKE A LIST OF YOUR ASSETS AND AN ESTIMATED VALUE OF THE...more

Winstead PC

Court Holds That Trustee Who Engaged In Self-Interested Transactions Did Not Have Standing To Challenge Guardianship Proceeding...

Winstead PC on

In In re Guardianship of Margol, a mother named her son as her power of attorney agent and as a trustee of a trust in which she was a beneficiary. No. 05-21-00255-CV, 2022 Tex. App. LEXIS 4119 (Tex. App.—Dallas June 16, 2022,...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

Chambliss, Bahner & Stophel, P.C.

Millennials — When Raising Young Children and Caring for Aging Parents Collide

Currently, there is no lack of opinion regarding the millennial generation. As a millennial, it is not hard to understand why. However, despite the potential dividing views on this particular generation, there is one common...more

Burns & Levinson LLP

I’ve Been Asked To Be a Guardian. What Do I Do?

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If you are asked to serve as guardian for either an incapacitated adult or a minor, there are several questions you should ask before accepting this fiduciary role. It is critical to understand what you are signing up for...more

Gray Reed

Guardianships in Texas and Your Adult Children

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Last Thursday, Britney Spears’ dad Jamie agreed to step down from his role in her conservatorship “when the time is right” after the Los Angeles judge hearing the case denied a request by Britney’s lawyers to remove him from...more

Burns & Levinson LLP

Do I Need to Nominate a Guardian for My Child or Pet?

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In the unfortunate situation where you are not available to care for your child or pet, it is prudent to plan ahead by nominating a guardian for your child and/or pet. Advance planning avoids potential court fights over...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

White and Williams LLP

Pennsylvania’s New Revised Uniform Fiduciary Access to Digital Assets Act

On July 23, 2020, Governor Wolf signed Act 72 of 2020, the Revised Uniform Fiduciary Access to Digital Assets Act (Act 72). Developed by the Uniform Law Commission, Act 72 provides fiduciaries, such as executors, guardians,...more

Burns & Levinson LLP

Priority of Appointments and Independent Guardians/Conservators: Where the Smiths & Alexanders Went Wrong, and Right

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While the saga of the Smiths & Alexanders might seem too much to be real, the circumstances in which Johnny’s children, Randall and Twyla, sought an independent conservator and guardian for him are not uncommon. Moira,...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

Schwabe, Williamson & Wyatt PC

When to Tune Up Your Estate Plan

Life is not stagnant; situations change and evolve. Your estate plan should reflect your current status and expected future status and desires. There are many life changes and developments that might warrant an update, which...more

Downey Brand LLP

Guardian of the Galaxy – What is the Role of a Guardian Ad Litem in Trust and Estate Disputes?

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Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets. But many disputes, or at...more

Jaburg Wilk

Your Guide to Essential Estate Planning Documents

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If you’re like most people, there is a laundry list of things you’d rather do than think about your estate plan. While it can be a challenging area to discuss, your estate plan is essential to ensure you and your family are...more

Tarter Krinsky & Drogin LLP

Getting Your Life And Estate Planning Documents In Order During A Health Crisis

As the world searches for a new normal, it is more important than ever to make sure that the interests of you and your loved ones are properly protected. We have compiled the below list of the basic life and estate planning...more

Obermayer Rebmann Maxwell & Hippel LLP

When Is It Time To Update My Estate Plan?

Many people believe that once they have executed their estate planning documents, those documents can remain in the safe deposit box until the day when they may be needed. However, your estate planning documents should be...more

Ward and Smith, P.A.

Happy 18th Birthday! Your College-Aged Child is an Adult. Now What?

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Believe it or not, as of your child's 18th birthday, your child graduated from being a "minor" to becoming a "legal adult." While your child is home from college this summer or preparing to head off to college in the fall,...more

McDermott Will & Emery

Clarifying the Enforceability of Instructions and Preferences in LPAs

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Approximately 120 cases are brought before the Court of Protection each year for it to decide on the effectiveness of provisions included within Lasting Powers of Attorney (LPAs). LPAs are extremely powerful documents that...more

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