News & Analysis as of

Mental Health Guardianships

Lerch, Early & Brewer

How to Protect an Incapacitated Loved One Going Through Divorce

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Sometimes people going through divorce lack decision-making capacity. At times, the lack of decision-making capacity is the cause of the divorce. Other times, the incapacity occurred long before or after the separation, or...more

Offit Kurman

Navigating Solo Aging with Dr. Gerda Maissel

Offit Kurman on

Join host Candace Dellacona in this insightful episode of The Sandwich Generation Survival Guide, featuring Dr. Gerda Maissel, founder of My MD Advisor. Candace and Dr. Maissel discuss “solo agers” and the unique challenges...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

Farrell Fritz, P.C.

Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings

Farrell Fritz, P.C. on

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

Mandelbaum Barrett PC

Elder Law and Special Needs Newsletter: March 2025 Issue

Mandelbaum Barrett PC on

New Jersey Officially Introduces Driver’s License Notation for Autistic Motorists - Autistic motorists in New Jersey, as well as their parents/guardians, are now able to request that their autism diagnoses be notated on...more

Dentons

Ep. 53 – Situations to Address in your Minor Consent Policies – Part I

Dentons on

Healthcare providers often have a detailed policy outlining when a minor may consent to care and when a parent or legal guardian’s consent is needed. Situations can arise in the treatment of minors that can make administering...more

Mandelbaum Barrett PC

Understanding Guardianship: Lessons from Wendy Williams’ Legal Battle

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It is fascinating when the types of cases we handle in our practice come to life in the media. Recently, former talk show host Wendy Williams has been the subject of media attention because she has a court-appointed...more

Dickinson Wright

Arizona’s New Behavioral Healthcare Laws – Part 3

Dickinson Wright on

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

Chambliss, Bahner & Stophel, P.C.

Estate Planning for Parents of Children With Mental Illness

Mental illness in the United States is more common than most people may think. More than one in five U.S. adults live with a mental illness and one in six U.S. youth aged 6 to 17 experience a mental health disorder each year....more

Farrell Fritz, P.C.

Abuse Of Powers Of Attorney

Farrell Fritz, P.C. on

A power of attorney (“POA”) allows a principal to assign their agent authority to make certain legal and financial decisions on their behalf. Because a POA can give an agent tremendous power over the principal’s affairs,...more

Fox Rothschild LLP

Guardian Ad Litem for a Litigant Part II

Fox Rothschild LLP on

Days after I wrote about the Guardian Ad Litem (GAL) role for litigants here in the R.B. v. E.A.C. matter, another case was released on a similar issue: In The Matter of A.H. In this case, the parties who were dual citizens...more

Fox Rothschild LLP

Guardian Ad Litem for a Litigant – Keeping the Role in Check

Fox Rothschild LLP on

I am back to the office and back to blogging. For those who don’t know, I was recently out for a family leave upon the birth of my second child. With each child, and each family leave, I have developed a greater appreciation...more

Rivkin Radler LLP

[Webinar] Lunch & Learn Series: Addressing Patient Capacity Issues - June 16th, 12:00 pm - 1:00 pm ET

Rivkin Radler LLP on

Please join us for the June lunch and learn, presented by Partners Frank Izzo and Wendy Sheinberg. The program will discuss: - Article 9 (mental health) - The FHCDA - Article 81 (guardianships) - HIPAA issues...more

Harris Beach Murtha PLLC

Health Systems, Mental Hygiene and Britney Spears: Guardianships Grab the Spotlight

Many health care providers have dealt with guardianships, or conservatorships, in which courts appoint a guardian who serves as the decision maker for someone who isn’t capable of self-care or decisions, including medical,...more

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