Law Brief: Alexis Gruttadauria and Rich Schoenstein Discuss Why You Need an Estate Plan
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
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
When working with an attorney to prepare for your future and address the challenges associated with aging, you will likely come across the term “incapacitated.” Incapacitated Definition - Someone who is incapacitated...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
The guardianship of an adult, in which a judge appoints an individual to make choices for a person over 18, is appropriate when the adult lacks capacity. Capacity is a general legal term that refers to a person’s cognitive...more
There have been a few notable instances recently in pop culture that have shined a spotlight on conservatorships. As one might expect, the laws regarding conservatorships vary from state to state. Another type of individual...more
Our team here at Ruder Ware has focused previous blogs and other educational materials on ways to avoid adult guardianship; however, there may be some instances where guardianship is unavoidable. Earlier this month, I...more
The COVID-19 situation has had many unwanted side effects. Among them are increased occurrence of depression, substance abuse, and mental illness. Additionally, our older population has been particularly impacted by the...more
Per AARP, an estimated 1.3 million American adults are under guardianship, with approximately 85% being over age 65. In the wake of revelations that professional guardian, Rebecca Fierle, signed Do Not Resuscitate orders for...more
Medicaid is a joint federal and state program that provides funding for medical and long-term care to individuals with very low income and assets. Generally, a single individual cannot qualify for Medicaid unless her assets...more