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Mental Health › Incapacitated Persons

Lerch, Early & Brewer

How to Protect an Incapacitated Loved One Going Through Divorce

Lerch, Early & Brewer on

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

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

Charles E. Rounds, Jr. - Suffolk University...

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

Charles E. Rounds, Jr. - Suffolk University... on

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

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

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