News & Analysis as of

Incapacitated Persons Guardianships Elder Care

Cole Schotz

Naming a Guardian: It’s More Important Than You Think

Cole Schotz on

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

Whiteford

Filing a petition for Guardianship or Conservator in Virginia

Whiteford on

When loved ones become incapacitated and have no estate planning documents in place appointing a guardian or conservator (or when replacement of a current guardian or conservator is necessary), Virginia law allows the filing...more

Stotler Hayes Group, LLC

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

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

Lowndes

What Families Need to Know

Lowndes on

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

Chambliss, Bahner & Stophel, P.C.

What Does Incapacitated Mean in Elder Law & Estate Planning?

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

Ward and Smith, P.A.

Guardianship May or May Not Be an Answer

Ward and Smith, P.A. on

The COVID-19 situation has had many unwanted side effects. Among them are increased occurrence of depression, substance abuse, and mental illness. Additionally, our older population has been particularly impacted by the...more

Lowndes

Top 3 Tips to Protect Your Loved Ones in the Wake of the Rebecca Fierle Guardianship Scandal

Lowndes on

Per AARP, an estimated 1.3 million American adults are under guardianship, with approximately 85% being over age 65.  In the wake of revelations that professional guardian, Rebecca Fierle, signed Do Not Resuscitate orders for...more

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