Exploring Digitization of Health and Medical Data and Records Part Two
Revocable trusts are often the centerpiece of a client’s estate plan for the many benefits that they provide. Revocable trusts are private agreements that are easily amendable, and avoid the costs and delays associated with...more
In New Jersey, being declared incapacitated does not necessarily mean that a person will remain under guardianship forever. Circumstances can change, and when they do, the law provides a path for individuals to regain some,...more
A new letter opinion from the Delaware Court of Chancery offers a clear look at how guardianship disputes can unravel when families delay planning and old loyalties collide. The case, In re Guardianship of W.E., involved...more
The future is not an easy topic to discuss but a necessary one to ensure that your wishes are carried out. As the saying goes, there are two certainties in life: death and taxes. Unfortunately, if you live in Massachusetts...more
The law governing guardianship in Pennsylvania has recently seen its most meaningful update in years, truly emphasizing less-restrictive options and ensuring due process protections for adult individuals who may need...more
Many of our clients are adjusting to life as parents or grandparents of college students for the first time this fall. Aside from the emotional adjustment that comes from watching our children graduate high school and leave...more
August was National Make-A-Will Month, but September is a good time to revisit another key component of estate and elder planning: powers of attorney (POAs). These documents are critical tools for ensuring trusted individuals...more
It is easy to mistakenly assume that naming a guardian in estate planning documents is only critical for individuals with minor children. In reality, however, appointing a guardian is just as important for parents as it is...more
August is National Make-A-Will Month, a timely reminder to create or update your will. Whether you’re establishing a career, raising a family, or accumulating assets, having a will in place ensures your loved ones are...more
Life can be unpredictable. Illness, injury, or cognitive impairment can strike without warning, leaving even the most organized among us unable to manage daily affairs. When that happens, who will pay your bills, manage your...more
When loved ones become incapacitated and have no estate planning documents in place appointing a guardian or conservator (or when replacement of a current guardian or conservator is necessary), Virginia law allows the filing...more
The 2025 Minnesota legislative session produced several changes to Minnesota’s estate and trust codes, with most of the new laws taking effect on August 1. Many of the changes create important new planning opportunities for...more
As attorneys, we all understand the critical importance of appointing a legal agent to manage financial decisions in the event of incapacity. Most of us have our own Powers of Attorney in place—and likely for our parents as...more
Sometimes people going through divorce lack decision-making capacity. At times, the lack of decision-making capacity is the cause of the divorce. Other times, the incapacity occurred long before or after the separation, or...more
Parents of college students or of any child who has turned 18 years old should encourage their adult child to execute a durable power of attorney, health care proxy and HIPAA Authorization....more
While we may know better, an 18-year-old is generally considered an adult under New York law. Many of those 18-year-olds will be heading off to college in the next couple of months. Parents’ rights to make decisions for their...more
There is often confusion regarding mental capacity in the legal context. This is true not only for families but even for experienced legal professionals. Additionally, litigating issues of mental capacity can take an...more
Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so...more
The use of Assisted Reproductive Technologies (“ART”) is becoming more and more common, and those utilizing ART may have additional considerations when creating or updating their estate plan. This blog will focus specifically...more
Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to imprudently administer the...more
In a previous blog, I discussed the process of a parent obtaining a guardianship for their special needs child. This blog discusses why it is not a good idea to try to shortcut this process and to simply have your child sign...more
When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more
Wendy Williams’ ongoing legal battle over her financial conservatorship has reignited public debate on the complexities of incapacity planning. Although she allegedly executed a power of attorney (POA) in favor of her son,...more
People often assume that if their estate isn’t taxable, they don’t need to have an estate plan. In 2024, a Massachusetts estate tax return must be filed if the value of the deceased person’s gross estate exceeds $2 million. A...more
Dear Jonathan: Can you please explain what the difference is between a financial durable power of attorney and a health care durable power of attorney....more