Law Brief: Alexis Gruttadauria and Rich Schoenstein Discuss Why You Need an Estate Plan
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
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
Say somebody close to you—a parent, a cousin, a friend—becomes incapacitated and is unable to make medical, financial or other personal decisions. If they have no planning documents in place (i.e., a power of attorney for...more
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
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
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
Rogers Guardianship For families like the Austens, guardianship can offer crucial tools to help protect, treat, and improve the quality of life for a loved one, like Claire, who is living with schizophrenia, bipolar...more
As promised in my prior post on initial Guardianship and Conservatorship filings, this post will expand on issues of standing, notice, and objections. Who can file for Guardianship or Conservatorship? Any interested party...more
My colleague, Hether Cahill, previously addressed the relationship between a guardianship and health care proxy and a conservatorship and durable power of attorney. The purpose of this blog is to further explore the use of...more
As previously discussed, guardianships and conservatorships involve making personal and financial decisions for persons who are unable to make decisions for themselves. This sounds a lot like what can be accomplished by a...more
Continuing with this month’s focus on special needs planning and decision-making, and building off of a prior post introducing the concepts of guardianship and conservatorship, this post will focus on the initial procedural...more