Compliance Perspectives: Healthcare Compliance at the Border
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
Guardianship and conservatorship are both legal arrangements in which a court appoints someone to act on behalf of another person who cannot take care of themselves. A person is deemed legally incapacitated when they cannot...more
I wanted to start this essay by reference to history and so I grabbed my bedside copy of Sir William Blackstone’s Commentaries on the Laws of England (1765) to show that guardianship had ancient traditions. In one sense 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
What happens when someone who is responsible for an incapacitated family member or a minor child becomes no longer able to do so? For a Guardian serving under court ordered authority, the appointment process for a successor...more
If you are asked to serve as guardian for either an incapacitated adult or a minor, there are several questions you should ask before accepting this fiduciary role. It is critical to understand what you are signing up for...more
In the early days of this blog, I enjoyed using celebrity estate-planning blunders to illustrate what not to do in terms of your own planning. I’ve been thinking a lot about that series lately, particularly as stories about...more
After suffering a major stroke in response to her husband’s untimely death, Juliet remains alive but unresponsive in the hospital. She will need an individual or individuals to make health care and other personal decisions,...more
These proceedings often involve a lot of parties, and often times clients are surprised that so many “extra” people are involved in their family affairs....more