News & Analysis as of July 24, 2025

Estate Planning › Incapacitated Persons

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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 Power of a POA: Why We Must Keep Spreading the Word

Stotler Hayes Group, LLC on 7/23/2025

As attorneys, we all understand the critical importance of appointing a legal agent to manage financial decisions in the event of incapacity. Most of us have our own Powers of Attorney in place—and likely for our parents as...more

Estate Planning Documents for Your ‘Adult’ Child

Rivkin Radler LLP on 7/1/2025

While we may know better, an 18-year-old is generally considered an adult under New York law. Many of those 18-year-olds will be heading off to college in the next couple of months. Parents’ rights to make decisions for their...more

What Families Need to Know

Lowndes on 6/11/2025

There is often confusion regarding mental capacity in the legal context. This is true not only for families but even for experienced legal professionals. Additionally, litigating issues of mental capacity can take an...more

Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings

Farrell Fritz, P.C. on 6/2/2025

Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so...more

Estate Planning Considerations for Individuals Using IVF with Cryopreserved Embryos

Bowditch & Dewey on 5/21/2025

The use of Assisted Reproductive Technologies (“ART”) is becoming more and more common, and those utilizing ART may have additional considerations when creating or updating their estate plan. This blog will focus specifically...more

May a Mentally Incapacitated Trustee Be Held Personally Liable for His Breaches of Trust?

Charles E. Rounds, Jr. - Suffolk University... on 4/8/2025

Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to imprudently administer the...more

When Hostilities Break Out Between Co-trustees, Where Does That Leave Trust Counsel?

Charles E. Rounds, Jr. - Suffolk University... on 3/11/2025

When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more

Financial Power of Attorney -To Spring or Not to Spring?

Adler Pollock & Sheehan P.C. on 2/7/2025

A financial power of attorney (POA) can be a critical component of your estate plan. It appoints a trusted representative (often called an agent) to make financial decisions on your behalf in the event you’re unable to do so....more

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

Kohrman Jackson & Krantz LLP on 2/7/2025

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

10 Reasons Why You Should Make Estate Planning Your New Year’s Resolution

Bowditch & Dewey on 12/31/2024

People often assume that if their estate isn’t taxable, they don’t need to have an estate plan. In 2024, a Massachusetts estate tax return must be filed if the value of the deceased person’s gross estate exceeds $2 million. A...more

Weathering the Storm: How to Get Your Affairs in Order

Ward and Smith, P.A. on 11/12/2024

In the aftermath of Hurricane Florence in 2018, I wrote this article to help individuals and families navigate the legal and financial issues that often follow a devastating storm. I remember the incredible outpouring of...more

The Essential Need for Estate Planning: Insights from an Alaskan Legal Battle

Kohrman Jackson & Krantz LLP on 9/30/2024

In a recent class-action lawsuit, ten disabled Alaskans have sued the State of Alaska and their court-appointed guardian. This case emphasizes the profound importance of comprehensive estate planning, extending far beyond the...more

The Wendy Williams Guardianship Saga and Why a Pre-Need Declaration is Essential

Fleurinord Law PLLC on 9/26/2024

Wendy Williams, the famous talk show host, has long been a media fixture, but in recent years, her name has been associated with a highly publicized guardianship battle. This case underscores the importance of estate planning...more

Family Members Living With Dementia: Guardianship and Guardianship Alternatives

Hendershot Cowart P.C. on 9/9/2024

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

Tennessee Trust Bill Takes Effect and Makes Important Changes to the State's Trust Laws

Holland & Knight LLP on 7/10/2024

Tennessee Gov. Bill Lee approved Public Chapter No. 695 on April 11, 2024, as passed by the Tennessee General Assembly (Trust Bill). The new law became effective on July 1, 2024, and it made several important changes to...more

Legal-Ease: What Happens to a Family Member's Bank Account After Death?

Foster Swift Collins & Smith on 7/9/2024

Dear Jonathan: My father, a widower, passed away a couple of months ago. Being his only child, he appointed me as his agent on his durable power of attorney so that I can handle his bill paying which I have been doing for the...more

Michigan’s New Uniform Power of Attorney Act Effective July 1

Warner Norcross + Judd on 5/29/2024

Michigan’s new Uniform Power of Attorney Act (UPOAA) becomes effective on July 1, 2024. This law serves several purposes, which include preventing financial exploitation of vulnerable individuals and making standard power of...more

Testamentary Guardianship: Safeguarding Your Child's Future Through Estate Planning

Lippes Mathias LLP on 4/26/2024

Guardians are a type of fiduciary appointed for a minor child or individual determined incapacitated by the courts. When appointed by a Last Will and Testament (“Will”), they are commonly known as testamentary guardians....more

Success is Built into Business Succession

Allen Barron, Inc. on 1/30/2024

Isn’t it interesting that success is built into business succession. Still, most US companies do not have a business succession plan in place. What is business succession planning and how does it enhance your own success and...more

Estates Under $2 Million – Do I Need an Estate Plan?

Bowditch & Dewey on 12/22/2023

With the exciting and long overdue news of the increase in the Massachusetts estate tax exemption from $1 million to $2 million for decedents dying on or after January 1, 2023, many Massachusetts residents have been left...more

What Does Incapacitated Mean in Elder Law & Estate Planning?

Chambliss, Bahner & Stophel, P.C. on 11/16/2023

When working with an attorney to prepare for your future and address the challenges associated with aging, you will likely come across the term “incapacitated.” Incapacitated Definition - Someone who is incapacitated...more

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

Chambliss, Bahner & Stophel, P.C. on 10/6/2023

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

Back to School – Estate Planning for College Students

Lasher Holzapfel Sperry & Ebberson PLLC on 9/21/2023

As college students prepare to move into campus housing and attend orientation, estate planning is likely the last thing on their mind. However, when a person turns 18, health care decisions and managing financial matters no...more

Estate Planning for Child-Free Adults

Bowditch & Dewey on 8/18/2023

DURING YOUR LIFE - When preparing your estate plan, it is of utmost importance to ensure that you have documents in place so your spouse or another trusted individual can make medical and financial decisions on your...more

Beyond Taxes: 10 Important Reasons Why Everyone Needs an Estate Plan

Bowditch & Dewey on 6/1/2023

People often assume that if their estate isn’t taxable, they don’t need to have an estate plan. In 2023, a Massachusetts estate tax return must be filed if the value of the deceased person’s gross estate exceeds $1 million. A...more

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Estate Planning › Incapacitated Persons

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