Once Removed Episode 23: Naming Guardians for Minor Children
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
On November 7, 2023, Governor Gretchen Whitmer signed into law Michigan’s House Bill 4644, which enacts the Uniform Power of Attorney Act (UPOAA). This legislation will be effective on July 1, 2024, and is intended to:...more
In the recent case of In re Conservatorship of DPV, Docket No 362139 (Mich Ct App July 27, 2023), the court explores when a court — here the probate court — can sanction a party for a “frivolous” filing....more
In Michigan, the Estates and Protected Individuals Code (EPIC) authorizes the probate court to appoint a guardian for a person who is unable to make informed medical decisions, after the court takes evidence and ensures that...more
Under Michigan law, there are two alternate roles for making medical decisions for an incapacitated person. A patient advocate is a medical decision-maker who is appointed by an individual when planning for potential future...more
California trust disputes often involve the interests of parents and their minor children. Sometimes those interests conflict. When disputes are settled, who looks out for the interests of children under 18 years of age? Who...more
In an ever-changing legal environment, one thing has always remained true – minor settlements in Ohio require Probate approval, no matter how small. The process may seem daunting, but ultimately there are only three primary...more
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