Celebrities like Jay Leno and Emma Hemming Willis (married to Bruce Willis) are speaking out about their experiences with guardianship and caregiving. If you are caring for a family member with dementia too, a time will...more
To vote in Arizona, an individual must not be “adjudicated an incapacitated person.” This is an addition to other requirements such as being over 18 years old, a U.S. citizen, and an Arizona resident. Capacity to vote arises...more
During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question arises: What is what is...more
Aging loved ones, particularly who are struggling, can quickly find themselves in unique and challenging situations. Today’s world poses a host of challenges for those with diminished capacity. Learn what options might be...more
“Representing a client with diminished capacity is like walking on the edge of a razor – only more precarious and potentially more painful if the attorney missteps.” -Professor Thomas E. Simmons, South Dakota School of Law....more
Children, elderly relatives, and other loved ones, who suffer from diminished capacity can benefit from surrogate decision making. With the growth of cyber fraud and other forms of manipulation, this issue has become even...more
What do Glen Campbell, Rosa Parks, Gene Wilder, Aaron Spelling, Etta James, and Peter Falk have in common? They are all celebrities whose Alzheimer’s disease impacted their estate planning. Current and historic headlines are...more
Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to...more
In In re Estate of Hogan, a father executed a new will, leaving his estate to one of his sons (Harold) and disinheriting his other son (Gary). No. 11-20-00170-CV, 2022 Tex. App. LEXIS 3863 (Tex. App.—Eastland June 9,...more
Medications containing Acetaminophen are one of the most commonly used pain relievers worldwide. The chemical compound is an active ingredient in over 600 medicines. For most people, Acetaminophen is benign and can be used to...more
Author David F. Johnson recently presented his paper on “Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation” to the Austin Probate Bar Association in Austin, Texas, on May 20, 2022. This...more
The #FreeBritney movement catapulted the ethical challenges of conservatorships into the public eye. Pop icon Britney Spears, whose father was appointed as her conservator in 2008, stands at the center of this cultural...more
When considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge a disputed Will. The purpose of...more
We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and...more
What are the ethical obligations of a California lawyer for a client with diminished mental capacity? The ethics committee of the State Bar of California answers this key question in draft Formal Opinion No. 13-0002, with...more
Senate Bill 2, signed by Ohio Governor DeWine on April 27, 2021, makes various changes to criminal law regarding competency issues of defendants in criminal cases. Several of the revisions impact hospitals, including the...more
Given the travel restrictions that have arisen during the COVID-19 pandemic, it is unlikely that many recently-commenced adult guardianship proceedings have led to jurisdictional disputes in courts in different states. ...more
Probate courts and pop culture are an odd mix, but nothing is normal these days. First, there is the crime thriller “I Care A Lot” that portrays a ruthless, unethical court-appointed guardian and a son of one of the...more
Does a debtor’s pre-petition change of the beneficiary of a life insurance policy constitute a “transfer” of an interest of the debtor in property? Not according to the U.S. Bankruptcy Court for the Eastern District of North...more
Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more
In In the Estate of Mahaffey, a testatrix executed a new will nine days before she died of cancer. No. 04-19-00122-CV, 2019 Tex. App. LEXIS 11171 (Tex. App.—San Antonio December 27, 2019, no pet. history)....more