Once Removed Episode 23: Naming Guardians for Minor Children
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
August is National Make-A-Will Month, a timely reminder to create or update your will. Whether you’re establishing a career, raising a family, or accumulating assets, having a will in place ensures your loved ones are...more
Speaking about death can be difficult but planning ahead brings peace of mind and protects loved ones from unnecessary stress. Having a professionally drafted will ensures your wishes are followed and your estate is handled...more
Parents are the foremost guardians in a child’s life, nourishing and protecting them during the most vulnerable stages. Parents are expected to be loving, kind and understanding of their children’s needs. However, in rare...more
It is a common misconception believed by many that having a will avoids probate. Not only is it false, it really could not be further from the truth. Rather, a will is a tool that is often used during the probate process and...more
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
As the chair of the Elder Law Practice Group, I see a lot of issues that the firm’s clients encounter in their personal lives. As we begin the new year, I thought it appropriate to write about the areas of our practice that...more
In 2024, the Arizona legislature passed five new Arizona laws directly affecting behavioral health care in Arizona. These laws run the gamut between refining definitions, requiring peer specialist trainings, new requirements...more
In an external contract-based or tort-based dispute between the trustee and a third party to the trust relationship, the beneficiaries are generally not necessary parties. But all beneficiaries (of an irrev. trust) whose...more
Wadeema’s Law, officially known as Federal Law No. 3 of 2016 Concerning Child Rights, stands as a cornerstone of child protection in the UAE. Named after a tragic case of child abuse that shocked the nation, the law was...more
Welcome to "Lost in Translation: Blunders in International Estate Planning." This blog series explores the intricacies of international estate planning, uncovering potential pitfalls and providing insights to navigate...more
Canadian courts encourage parents and guardians to resolve conflict other than through court intervention, but some families still need a neutral decision-maker to move forward. Enter the parenting coordinator, an alternative...more
In the UAE, marriages are governed by distinct legal frameworks depending on whether the individuals are Muslims under Federal Law No. 28 of 2005 on Personal Status Law or non-Muslims under Federal Decree-Law No. 41/2022 on...more
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
Section 17.3, comment f, of the Restatement (Third) of Property (Wills and Other Donative Transfers) explains the difference between a collateral power of appointment and a power of appointment in gross: “In traditional...more
As an attorney and a father of two special needs children, I uniquely understand the necessity of becoming a legal guardian for my children as soon as they reach eighteen years of age. Many individuals, however, may not...more
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
In most civil actions in the State of New Jersey, parties are responsible for the payment of their own counsel fees subject to limited exceptions. In the context of a guardianship action, however, the party who commences the...more
This CLE webinar will discuss the issue of allegations of supposed "parental alienation" and offer guidance for handling a case involving such allegations in court. The panel will discuss the term "parental alienation," why...more
Can an appellee say that the lower court got it wrong? If so, when? In many appeals, the alignment of interests is clear: the appellant is the party who disagrees with the ruling at issue, and the appellee is the party who...more
Yes, as recently decided by the Michigan Supreme Court, but only if the professional guardian first executes a specific type of power of attorney document delegating authority to the employee to exercise such powers. This...more
For parents with young children, naming the guardian who will raise their children upon the parents’ passing can be one of the most important and foundational questions of an estate plan. And in fact, because this decision is...more
In some instances, even after an individual is deemed incapacitated and a guardian is appointed, an application may be subsequently filed by the incapacitated person to either terminate the guardianship or to reduce the scope...more
Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited...more
If you are considering seeking a guardianship of an individual or have been named as an interested party to such an application, it’s crucial that you understand the types of guardianship that exist in the State of New...more