News & Analysis as of

Guardianships

Awatif Mohammad Shoqi Advocates & Legal...

Changes Under The New Personal Status Law Part 2 | Child Custody

The UAE has issued a new Personal Status Law, Federal Decree Law No. 41 Of 2024 on the Issuance of the Personal Status Law on the 1st of October 2024. The Law will come into effect on 15 April 2025. This new law has made...more

Allen Barron, Inc.

Estate Planning for Pets in San Diego and Throughout California

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What do you need to know about estate planning for pets in San Diego and throughout California? What are some of the essential elements of an effective estate plan that will protect your beloved companion(s) while ensuring...more

Chambliss, Bahner & Stophel, P.C.

Estate Planning for Blended Families: Key Considerations to Protect Your Loved Ones

We all remember “The Brady Bunch” — the picture-perfect story of two families seamlessly coming together under one roof, complete with a catchy theme, and every conflict resolved neatly in 22 minutes. But in reality, blending...more

Downey Brand LLP

Gambling, Racehorses, and Protecting Your Loved Ones from Testamentary Fraud: They Have More in Common Than You Think

Downey Brand LLP on

A question for you: do you have an estate plan? Of course you do, everyone needs an estate plan. Second question: who is(are) the beneficiary(ies) of your estate plan? Someone you love and trust, I presume. Perhaps a spouse,...more

Stark & Stark

Why Having a Special Needs Child Sign a Power of Attorney Is Not a Good Idea

Stark & Stark on

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

Dentons

Ep. 53 – Situations to Address in your Minor Consent Policies – Part I

Dentons on

Healthcare providers often have a detailed policy outlining when a minor may consent to care and when a parent or legal guardian’s consent is needed. Situations can arise in the treatment of minors that can make administering...more

Jaburg Wilk

Five Important Considerations When Creating Estate Plans for a Blended Family

Jaburg Wilk on

Blending families often introduce unique dynamics. In addition to the day-to-day challenges and opportunities that blended families create, there is also careful planning to consider when creating or updating an estate plan....more

Rivkin Radler LLP

Don’t Leave Your Final Wishes Open to Interpretation

Rivkin Radler LLP on

The media is filled with stories of deceased celebrities whose final wishes were either unknown or the subject of dispute. An important lesson: You can retain control of your finances after incapacity and remain in control of...more

Foster Swift Collins & Smith

Protecting Same-Sex Marriage Assets in Michigan If Obergefell is Ever Overturned

When the Supreme Court made its landmark decision in Obergefell v. Hodges in 2015, same-sex couples across the country gained the right to marry. But with recent shifts in the legal landscape, such as the overturning of Roe...more

Rivkin Radler LLP

Frank Fritz’ Will is ‘Picked’ for a Will Contest

Rivkin Radler LLP on

Frank Fritz, star of the History Channel show “American Pickers,” suffered a stroke, became incapacitated, and died on September 30, 2024, at age 60. Before he passed away, his friend, Chris Davis, became his legal guardian....more

Mandelbaum Barrett PC

Understanding Guardianship: Lessons from Wendy Williams’ Legal Battle

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It is fascinating when the types of cases we handle in our practice come to life in the media. Recently, former talk show host Wendy Williams has been the subject of media attention because she has a court-appointed...more

Warner Norcross + Judd

When Can a Probate Court Remove and Replace the Legal Guardian for an Adult?

Warner Norcross + Judd on

The Michigan Court of Appeals recently answered these questions. In re Guardianship of AMS, No 372183, 2025 WL 452248 (Mich Ct App Feb 10, 2025) (unpublished). AMS was married to Thomas, and she had two daughters, Theresa...more

Dickinson Wright

Arizona’s New Behavioral Healthcare Laws – Part 3

Dickinson Wright on

In 2024, the Arizona legislature passed five new Arizona laws directly affecting behavioral health care in Arizona. These laws run the gamut between refining definitions, requiring peer specialist trainings, new requirements...more

Adler Pollock & Sheehan P.C.

Estate Planning Red Flag: You’re Attempting to Create Your Estate Plan with DIY Tools

Interested in trying to prepare your own estate plan? There are resources available to assist you, such as online services, computer software and how-to books. Do-it-yourself (DIY) estate planning may save you hundreds or...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey on

The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)....more

Schwabe, Williamson & Wyatt PC

Estate Planning for Families with Minor Children: Key Considerations and Strategies

When minor children are addressed in an estate plan, special considerations are involved to ensure their well-being and financial security. Parents ought to make decisions about who they would prefer to serve as the guardian...more

Saiber LLC

Planning for Your Pet’s Care following Your Incapacity or Passing

Saiber LLC on

Whether you’re a dog lover, a cat person, or a caretaker for another kind of feathered, scaly, or furry friend, pets are an important part of our lives. Yet when individuals are creating their estate plan, their pet’s future...more

Offit Kurman

Protecting Your Family and Future: Essential Estate Planning for the LGBTQ+ Family

Offit Kurman on

Estate planning is a critical part of securing the future for any family, and for LGBTQ+ individuals, it is particularly important given the legal complexities and challenges that may arise in the current political climate....more

Adler Pollock & Sheehan P.C.

Financial Power of Attorney -To Spring or Not to Spring?

A financial power of attorney (POA) can be a critical component of your estate plan. It appoints a trusted representative (often called an agent) to make financial decisions on your behalf in the event you’re unable to do so....more

Pullman & Comley, LLC

Petitioning for De Facto Parentage

Pullman & Comley, LLC on

The Connecticut Parentage Act has introduced a new way for people to become legal parents in the state. A de facto parentage petition can now establish the same legal relationship between a child and the individual as its...more

Mandelbaum Barrett PC

What Happens When a Minor Child Receives an Inheritance in New Jersey?

Mandelbaum Barrett PC on

Unintended consequences often occur without proper estate planning.  This is common when minor children receive an inheritance.  Since minors cannot possess assets directly, the inheritance must be held on behalf of the minor...more

Awatif Mohammad Shoqi Advocates & Legal...

Can I Obtain Custody of My Children Under Muslim Family Law in the UAE After My Ex-Wife Remarries?

In the UAE, custody of children following the divorce of Muslim parents is governed by Federal Law No. 28/2005 on Personal Status Law. A common concern for fathers is whether they can obtain custody after their ex-wives...more

Chambliss, Bahner & Stophel, P.C.

Estate Planning for Parents of Children With Mental Illness

Mental illness in the United States is more common than most people may think. More than one in five U.S. adults live with a mental illness and one in six U.S. youth aged 6 to 17 experience a mental health disorder each year....more

Lowndes

Start 2025 Right: Update Your Estate Plan with a Preneed Guardianship Designation

Lowndes on

It is the start of a new year which means that it is a great time to update or refresh your estate plan. In Florida, planning for the future is a crucial step to ensure that your wishes are honored, and your loved ones are...more

Offit Kurman

Prudent Investing in Uncertain Economic Conditions

Offit Kurman on

The Prudent Investor Rule is a legal principal that requires fiduciaries to act in the best interests of a beneficiary and exercise reasonable care, skill, and caution when making investment decisions, which was codified in...more

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