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Estate Planning › Diminished Capacity

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 -
Stark & Stark

Contesting a Will in Pennsylvania: Understanding Your Rights

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In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the will does not reflect the true intentions of the deceased....more

Hendershot Cowart P.C.

Family Members Living With Dementia: Guardianship and Guardianship Alternatives

Hendershot Cowart P.C. on

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

Stark & Stark

What is Undue Influence in the Context of a Will Contest?

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During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question arises: What is what is...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

Stark & Stark

[Webinar] Estate Planning: Guardianships for Incapacitated Persons - February 28th, 6:00 pm - 7:00 pm ET

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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

Stark & Stark

[Webinar] Estate Planning: Guardianships for Incapacitated Persons - February 28th, 12:00 pm - 1:00 pm ET

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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

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

McDermott Will & Emery

[Event] 2022 West Coast Forum - November 10th, Palo Alto, CA

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Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to...more

McDermott Will & Emery

[Event] 2022 West Coast Forum - November 9th, San Francisco, CA

McDermott Will & Emery on

Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to...more

McDermott Will & Emery

[Event] 2022 West Coast Forum - November 8th, Beverly Hills, CA

McDermott Will & Emery on

Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to...more

Winstead PC

Appellate Court Affirms Findings That Decedent’s Will Was Not A Product Of Undue Influence And That He Had Mental Capacity

Winstead PC on

​​​​​​​In In re Estate of Hogan, a father executed a new will, leaving his estate to one of his sons (Harold) and disinheriting his other son (Gary). No. 11-20-00170-CV, 2022 Tex. App. LEXIS 3863 (Tex. App.—Eastland June 9,...more

Winstead PC

Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation

Winstead PC on

Author David F. Johnson recently presented his paper on “Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation” to the Austin Probate Bar Association in Austin, Texas, on May 20, 2022. This...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Legal Ethics Trend – Representing Clients with Diminished Capacity

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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

Stark & Stark

Red Flags Indicating a Potentially Invalid Will

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When considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge a disputed Will. The purpose of...more

Downey Brand LLP

Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

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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

Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity

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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

Farrell Fritz, P.C.

The Resolution of Interstate Adult Guardianship Disputes in New York

Farrell Fritz, P.C. on

Given the travel restrictions that have arisen during the COVID-19 pandemic, it is unlikely that many recently-commenced adult guardianship proceedings have led to jurisdictional disputes in courts in different states. ...more

Winstead PC

Court Reverses Summary Judgment On The Issue Of Whether A Testatrix Had The Mental Capacity To Execute A New Will

Winstead PC on

In In the Estate of Mahaffey, a testatrix executed a new will nine days before she died of cancer. No. 04-19-00122-CV, 2019 Tex. App. LEXIS 11171 (Tex. App.—San Antonio December 27, 2019, no pet. history)....more

Chambliss, Bahner & Stophel, P.C.

Special Needs Planning Newsletter: Special Needs Planning and Capacity

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Not a week goes by that I am not asked to make a judgment call about a client's capacity to sign a will, power of attorney, or other legal document. In fact, every time I sit down with a client to sign any legal document, I...more

Chambliss, Bahner & Stophel, P.C.

How to Contest a Will

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You had a loving relationship with your mother and she always said she would leave everything to you and your siblings, but after she died, you discover she had recently written a new will, leaving everything to her...more

Lowndes

Mental Capacity: An Easy Challenge Or A Tough Road?

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As the population in Florida continues to age, litigation stemming from allegations related to lack of capacity is on the rise. Family members or other beneficiaries looking to challenge legal documents often gravitate...more

Farrell Fritz, P.C.

Wrongdoer Deprived of Elective Share

Farrell Fritz, P.C. on

Pursuant to the provisions of EPTL 5-1.1-A, every surviving spouse of a domiciliary decedent is entitled to a statutory right of election. The elective share statute is intended to provide a decedent’s surviving spouse with a...more

Dentons

Advising Elderly and Potentially Impaired Farmland Owners

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Some Elderly Iowans Own Farmland of Amazing Value - The Iowa State University Center for Agriculture and Rural Development (CALT) recently published a 35-year retrospective analysis of Iowa farmland ownership...more

Downey Brand LLP

Look for Mild Cognitive Impairment in California Trust and Estate Disputes

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Mental incapacity and undue influence are the most common theories used to try to invalidate wills, trusts and beneficiary designations in California and elsewhere. Occasionally, the subject in a trust and estate dispute has...more

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