News & Analysis as of

Guardianships

Lippes Mathias LLP

Three Essential Estate Planning Documents Everyone Needs

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A complete estate plan includes essential documents such as a Health Care Proxy, Living Will, Power of Attorney, and Last Will & Testament, which are vital in protecting your medical, legal, and financial decisions. These...more

Winstead PC

Court Reversed A Summary Judgment On Whether A Power Of Attorney Agent For A Settlor Had The Authority To Change The Designation...

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In Bass v. Bogle, settlors, husband and wife, created a trust that owned the majority interest in a closely-held business, and they had two children. No. 03-23-00319-CV, 2024 Tex. App. LEXIS 5034 (Tex. App.—Austin July 18,...more

ArentFox Schiff

The Importance of Including Revocable Trusts in Estate Planning

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In the realm of estate planning, many people are familiar with the traditional will as a means of distributing assets after death. However, the inclusion of a revocable trust (also known as a living trust), which offers a...more

Fleurinord Law PLLC

The Wendy Williams Guardianship Saga and Why a Pre-Need Declaration is Essential

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Wendy Williams, the famous talk show host, has long been a media fixture, but in recent years, her name has been associated with a highly publicized guardianship battle. This case underscores the importance of estate planning...more

McNees Wallace & Nurick LLC

The Impact of Act 61 - Additional Considerations for Guardians: Guardian Certification and Waiver Petitions

Pennsylvania guardianship rules and processes are subject to significant changes through the enactment of Act 61 of 2023 (Senate Bill 506; PN 843). This legislation, which updates the legal framework surrounding...more

Hendershot Cowart P.C.

Family Members Living With Dementia: Guardianship and Guardianship Alternatives

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

Lerch, Early & Brewer

Ten Reasons Why You Should Prepare a Will

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Creating a last will and testament is the first step in creating an estate plan – a critical planning tool to ensure that your wishes are honored and that your loved ones are cared for after your death....more

Stark & Stark

Guardianship for a Special Needs Child

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As an attorney and a father of two special needs children, I uniquely understand the necessity of becoming a legal guardian for my children as soon as they reach eighteen years of age. Many individuals, however, may not...more

Snell & Wilmer

Arizona Court of Appeals Strikes Down Arizona’s Guardianship Process That Determines Whether an Individual Has the Capacity To...

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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

Stark & Stark

Counsel Fees in a Guardianship Action

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In most civil actions in the State of New Jersey, parties are responsible for the payment of their own counsel fees subject to limited exceptions. In the context of a guardianship action, however, the party who commences the...more

McNees Wallace & Nurick LLC

Act 61 – What you need to know about emerging changes to guardianships in Pennsylvania

Legislation impacting guardianship cases in Pennsylvania takes effect tomorrow, June 11, so practitioners operating in this realm and those serving as guardians across the Commonwealth should make themselves aware of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

SOS - We're flying to Europe in two hours and don't have an estate plan!

Most attorneys who work in the estate planning field have received a panicky, last-minute call from a client or potential client who is about to go overseas on a big trip (generally, the vacation of a lifetime). The anxiety,...more

McNees Wallace & Nurick LLC

Franklin and Fulton Counties Enact a New Local Rule Requiring a Guardianship Acknowledgment Form and Rescind Other Local Rules

On April 17, 2024, President Judge Shawn D. Meyers signed an Order adopting a new Local Rule for Franklin and Fulton counties, which is codified at 39th Jud.Dist.O.C. Rule 14.8.1. This new Local Rule requires the completion...more

Stark & Stark

Restoring Capacity: Terminating or Amending a Guardianship

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In some instances, even after an individual is deemed incapacitated and a guardian is appointed, an application may be subsequently filed by the incapacitated person to either terminate the guardianship or to reduce the scope...more

Farrell Fritz, P.C.

Abuse Of Powers Of Attorney

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A power of attorney (“POA”) allows a principal to assign their agent authority to make certain legal and financial decisions on their behalf. Because a POA can give an agent tremendous power over the principal’s affairs,...more

Lippes Mathias LLP

Testamentary Guardianship: Safeguarding Your Child's Future Through Estate Planning

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Guardians are a type of fiduciary appointed for a minor child or individual determined incapacitated by the courts. When appointed by a Last Will and Testament (“Will”), they are commonly known as testamentary guardians....more

Stark & Stark

Types of Guardianships in New Jersey

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If you are considering seeking a guardianship of an individual or have been named as an interested party to such an application, it’s crucial that you understand the types of guardianship that exist in the State of New...more

Lowndes

Protecting Elderly Loved Ones: The Role of Guardianship Practices

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As our loved ones age, it becomes increasingly important to remain close and vigilant. While family members often serve as primary caregivers, it's crucial to recognize that not all instances of elder exploitation stem from...more

Stark & Stark

[Webinar] Guardianships for Persons Turning 18 and Contested Guardianships - April 23rd, 3:00 pm - 4:00 pm PDT

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Join attorneys Rob Morris, Esq. and Paul Norris, Esq. for this webinar presentation. Some of the topics covered will be: - Guardianship Procedures - Contested Guardianships - Adult Guardianships - Guardianship...more

Stark & Stark

[Webinar] Guardianships for Persons Turning 18 and Contested Guardianships - April 23rd, 9:00 am - 10:00 am PDT

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Join attorneys Rob Morris, Esq. and Paul Norris, Esq. for this webinar presentation. Some of the topics covered will be: - Guardianship Procedures - Contested Guardianships - Adult Guardianships - Guardianship...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

Fox Rothschild LLP

CNN’s Biopic & Its Missing Oher

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Saturday evening’s television line-up included a story about former NFL tackle Michael Oher. His story was a 2009 feature film called The Blind Side that earned more than $300 million. The sum of the story is that Oher was...more

Fox Rothschild LLP

Walking Jay Leno’s Path: The Family Member in Decline

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In each instance where we write about the domestic problems of the rich and famous we try to note that their resources make their lives and their choices inherently different. Last year we covered the Costner divorce and the...more

Rivkin Radler LLP

The Importance of Estate Planning

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When we think about making plans to secure our future, generally the discussions revolve around education, career, family, and finances. Creating a comprehensive estate plan, including effective advanced directives, can elude...more

Fox Rothschild LLP

Guardian Ad Litem for a Litigant Part II

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Days after I wrote about the Guardian Ad Litem (GAL) role for litigants here in the R.B. v. E.A.C. matter, another case was released on a similar issue: In The Matter of A.H. In this case, the parties who were dual citizens...more

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