News & Analysis as of

Elder Issues Guardianships

Cole Schotz

Naming a Guardian: It’s More Important Than You Think

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It is easy to mistakenly assume that naming a guardian in estate planning documents is only critical for individuals with minor children. In reality, however, appointing a guardian is just as important for parents as it is...more

Offit Kurman

Peace of Mind in a Signature: The Power of Attorney Advantage

Offit Kurman on

Life can be unpredictable. Illness, injury, or cognitive impairment can strike without warning, leaving even the most organized among us unable to manage daily affairs. When that happens, who will pay your bills, manage your...more

Whiteford

Filing a petition for Guardianship or Conservator in Virginia

Whiteford on

When loved ones become incapacitated and have no estate planning documents in place appointing a guardian or conservator (or when replacement of a current guardian or conservator is necessary), Virginia law allows the filing...more

Mandelbaum Barrett PC

Heirs, Assets, and Arguments: Why Elder Law Attorneys Are Key in Probate Litigation

Mandelbaum Barrett PC on

Probate is the legal process through which a deceased person’s assets are distributed to heirs or beneficiaries and debts are settled. While many estates pass through probate smoothly, disputes can and do arise—sometimes...more

Mandelbaum Barrett PC

Elder Law and Special Needs Newsletter: March 2025 Issue

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New Jersey Officially Introduces Driver’s License Notation for Autistic Motorists - Autistic motorists in New Jersey, as well as their parents/guardians, are now able to request that their autism diagnoses be notated on...more

Lowndes

Protecting Elderly Loved Ones: The Role of Guardianship Practices

Lowndes on

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] Estate Planning Series: Avoiding Financial Exploitation of the Elderly – Agencies and Guardianships for Adults - Session...

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Aging loved ones, particularly who are struggling, can quickly find themselves in unique and challenging situations. Today’s world poses a host of challenges for those with diminished capacity. Learn what options might be...more

Stark & Stark

[Webinar] Estate Planning Series: Avoiding Financial Exploitation of the Elderly – Agencies and Guardianships for Adults - Session...

Stark & Stark on

Aging loved ones, particularly who are struggling, can quickly find themselves in unique and challenging situations. Today’s world poses a host of challenges for those with diminished capacity. Learn what options might be...more

Hendershot Cowart P.C.

Worried About Elderly Financial Abuse by Family Members? Here’s What to Do

Hendershot Cowart P.C. on

As the elderly population increases, it is becoming more common for adult children to step in to help with financial decisions. The children may find themselves being in charge of a parent’s finances if they have a cognitive...more

Lowndes

A Dangerous Curve Ahead: Access to Florida Guardianship Proceedings at Risk

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This week, the Orlando Sentinel reported that The Florida Bar Board of Governors, at the recommendation of The Real Property Probate and Trust Law Section of The Florida Bar, is considering a proposal to change Florida’s...more

Bricker Graydon LLP

Best practices for resolving patient incapacity issues

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With an aging population that continues to mature, many hospitals are struggling to address a growing problem: how to timely treat and discharge patients who lack mental capacity to provide informed consent to medical care....more

Patrick Malone & Associates P.C. | DC Injury...

Virginia hospital assailed for seeking court actions to strip patients of decisions on care

A Virginia hospital has found an eyebrow-raising solution to some of  its struggles with elderly, poor, and sick patients who take up beds and medical resources that might generate more revenue and less headache for the...more

Lowndes

Top 3 Tips to Protect Your Loved Ones in the Wake of the Rebecca Fierle Guardianship Scandal

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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

McDermott Will & Schulte

Illinois Estate Guardians Receive a New Job: Guardianship Estate Planning No Longer Optional?

When guardianship estate planning entered Illinois law in 1996, it was viewed as an optional benefit available to guardians to give disabled adults the tax savings available to abled people. That may be changing. In In re...more

Flaster Greenberg PC

Restoration of Capacity?

Flaster Greenberg PC on

If an individual is determined unable to make her own decisions, a judgment of incapacitation and awarding guardianship may issue. Sometimes, the conditions which led to a judgment of incapacitation are not permanent. In...more

Lowndes

Life Changing Alzheimer’s Or Dementia Diagnosis? 3 Ways Guardianships Can Bring Stability to Your Family

Lowndes on

An Alzheimer’s or dementia diagnosis is scary and can leave a patient and their family with more questions than answers. Legal guardianships can provide asset protection, stability, and comfort in uncertain times. ...more

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