News & Analysis as of

Power of Attorney Conservators

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

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

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

Chambliss, Bahner & Stophel, P.C.

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

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

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

Chambliss, Bahner & Stophel, P.C.

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

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

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

Poyner Spruill LLP

Standby Guardianship

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What happens when someone who is responsible for an incapacitated family member or a minor child becomes no longer able to do so?  For a Guardian serving under court ordered authority, the appointment process for a successor...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

Chambliss, Bahner & Stophel, P.C.

Hot-Button Questions Answered Regarding Conservatorships

By now, most of us have seen the media coverage and are well aware of Britney Spears’ controversial conservatorship case. Spears became “the international face of a movement,” which, according to the Wolters Kluwer article...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

Downey Brand LLP

California Court Gives RCFEs More To Keep Them Up At Night

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Recent decisions by the California Court of Appeal have heaped stress on the owners/operators of residential care facilities for the elderly (“RCFEs”). RCFEs, like other businesses, would prefer to avoid the court system...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

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

Weintraub Tobin

Bringing Down The Hammer – California Appellate Court Upholds $1,000 Per Day Sanction For Failure To Timely File Accounting

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As trusts and estates litigation counsel, we often have matters where a fiduciary, either as a trustee, conservator, personal representative, or agent under a power of attorney, fails to provide financial information when...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

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