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Estate Planning › Conservators

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
The Estate Lawyers

Dementia Does Not Have to Derail Estate Plans

The Estate Lawyers on

The Alzheimer’s Association says that more than 55 million people are living with dementia worldwide. In the United States the figure for Alzheimer’s alone is nearly 7 million, on pace to hit 13 million by 2050. We all know...more

Kohrman Jackson & Krantz LLP

Wendy Williams’ Conservatorship Battle: A Cautionary Tale on Estate Planning

Kohrman Jackson & Krantz LLP on

Wendy Williams’ ongoing legal battle over her financial conservatorship has reignited public debate on the complexities of incapacity planning. Although she allegedly executed a power of attorney (POA) in favor of her son,...more

Lasher Holzapfel Sperry & Ebberson PLLC

Durable Power of Attorney – One of Your Most Important Estate Planning Documents

Lasher Holzapfel Sperry & Ebberson PLLC on

We all make important decisions and engage in regular financial transactions without giving a second thought about our capacity to do so. But what if you suddenly lost the ability? What would happen? While most of us don’t...more

Fox Rothschild LLP

Measuring Your Marbles: The World of Powers of Attorney

Fox Rothschild LLP on

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

Chambliss, Bahner & Stophel, P.C.

Navigating Sleepless Nights: A Mother’s Guide to Special Needs Planning

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I was driving to work on August 24, listening to Lady Gaga on my Pandora radio station, when suddenly, I had a strong urge to call my younger daughter, Hannah. We talk regularly, so it isn’t unusual that I call her on my way...more

Chambliss, Bahner & Stophel, P.C.

[Webinar] Estate Planning Doesn't Have to be Scary - October 26th, 12:00 pm - 1:00 pm EDT

Chambliss, Bahner & Stophel, P.C. on

Planning ahead for the unknown can be frightening and intimidating. However, our team is here to expel the spine-chilling misconceptions of advance directives, estate planning, and estate administration. Sally Brewer,...more

Downey Brand LLP

Dementia Causes Uneasy Balance Between Freedom and Protection

Downey Brand LLP on

Independence Day invites reflection on another form of freedom. How do we respect the autonomy of California’s elders who experience progressive forms of dementia while protecting them from potential abuse and other harm?...more

Fox Rothschild LLP

:THE EVOLVING ROLE OF GUARDIANSHIP:

Fox Rothschild LLP on

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

Warner Norcross + Judd

Appointment of a Guardian Does Not Mean That the Ward Automatically Lacks Testamentary Capacity

Warner Norcross + Judd on

People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a guardian/conservator amounts to a...more

Woodruff Sawyer

Declining Mental Capacity and How It Affects Estate Plans

Woodruff Sawyer on

What do Glen Campbell, Rosa Parks, Gene Wilder, Aaron Spelling, Etta James, and Peter Falk have in common? They are all celebrities whose Alzheimer’s disease impacted their estate planning. Current and historic headlines are...more

Downey Brand LLP

Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents

Downey Brand LLP on

What pea is in which pod? California probate disputes often involve questions of property ownership. Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true...more

Warner Norcross + Judd

This Is National Estate Planning Awareness Week

Warner Norcross + Judd on

Congress instituted National Estate Planning Awareness week in 2008 to help Americans understand estate planning and its role in a person’s financial well-being. It’s a great reminder to organize, review and update your...more

Pullman & Comley, LLC

What You Need to Know About Conservatorships in Connecticut

Pullman & Comley, LLC on

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

Hinshaw & Culbertson - Lawyers' Lawyer...

Legal Ethics Trend – Representing Clients with Diminished Capacity

Hinshaw & Culbertson - Lawyers' Lawyer... on

The #FreeBritney movement catapulted the ethical challenges of conservatorships into the public eye. Pop icon Britney Spears, whose father was appointed as her conservator in 2008, stands at the center of this cultural...more

Downey Brand LLP

Elder Abuse Restraining Orders May Prevent Estate Planning Changes

Downey Brand LLP on

Can a California court stop others from changing an elder’s estate plan?  Yes, in extreme circumstances, suggests a case arising from conflict in a blended family over which side would benefit from an elder’s trust....more

Downey Brand LLP

Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

Downey Brand LLP on

We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and...more

Downey Brand LLP

Blast from the Past – Trusts Subject to Medi-Cal Reimbursement

Downey Brand LLP on

We begin the year with a case, Riverside County Public Guardian v. Snukst (2022) ___ Cal.App.5th ___, involving an elder with dementia who received Medi-Cal benefits. The case, a blast from the past, illustrates how the...more

Greenberg Glusker LLP

[Webinar] Conservatorship Primer: A Case Study of the Britney Spears Conservatorship - January 26th, 10:00 am - 11:00 am PST

Greenberg Glusker LLP on

This program will briefly detail the requirements of obtaining a probate conservatorship in California over an adult individual’s person and estate. It will include information about obtaining emergency orders of...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - September & October 2021

Goulston & Storrs PC on

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more

Downey Brand LLP

Zach Young, Second Generation Fiduciary, Helps Families with Transitions

Downey Brand LLP on

Zachary Young is a private professional fiduciary with CMY Fiduciary Services in Sacramento. His mother, Carolyn M. Young, began work as a fiduciary in 1986. Zach received his bachelor’s degree in business and communications...more

Bowditch & Dewey

Tales from the Docket – Single Parent Dies Without a Will

Bowditch & Dewey on

A divorced person died leaving 2 children under the age of 18 years of age. The decedent did not have a Last Will and Testament (“Will”), which means that we did not know who the decedent wished to nominate as the Personal...more

Foster Swift Collins & Smith

A Look at Conservatorships in Wake of Britney Spears Case

Foster Swift Collins & Smith on

Britney Spears’ 13-year old conservatorship is making headlines once again after a judge denied a 2020 request to remove Ms. Spears’ father as conservator of her finances. Ms. Spears delivered an emotional testimony at the...more

Downey Brand LLP

Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity

Downey Brand LLP on

What are the ethical obligations of a California lawyer for a client with diminished mental capacity? The ethics committee of the State Bar of California answers this key question in draft Formal Opinion No. 13-0002, with...more

Holland & Hart LLP

Pitfalls of Naming Minors as Beneficiaries

Holland & Hart LLP on

It is natural for clients to want to name their children or grandchildren to receive their assets after their death However, the naming of a beneficiary directly on an account, especially if they are a minor, can derail an...more

Downey Brand LLP

Britney Spears and “Marla Grayson” May Propel Tightened Oversight Over California Conservators

Downey Brand LLP on

When a California probate court establishes a conservatorship, the conservator is charged with managing the conservatee’s person and/or estate in the conservatee’s best interests. The large majority of professional...more

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