News & Analysis as of

Mental Health › Trusts

The Estate Lawyers

Dementia Does Not Have to Derail Estate Plans

The Estate Lawyers on

The Alzheimer’s Association says that more than 55 million people are living with dementia worldwide. In the United States the figure for Alzheimer’s alone is nearly 7 million, on pace to hit 13 million by 2050. We all know...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

Rivkin Radler LLP

Estate Planning for Loved Ones Struggling with Mental Health and Substance Abuse Disorders

Rivkin Radler LLP on

May is mental health month, the perfect time to address this important topic. Mental health and substance abuse disorders affect many families. These issues need to be considered in estate planning. Mental health and...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

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

Chambliss, Bahner & Stophel, P.C.

Estate Planning for Parents of Children With Mental Illness

Chambliss, Bahner & Stophel, P.C. on

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

Mandelbaum Barrett PC

Elder Law and Special Needs Newsletter: December 2024 Issue

Mandelbaum Barrett PC on

The Great Wealth Transfer: Preparing the Next Generation - The great wealth transfer is underway in America. Through 2045, Baby Boomers will pass down approximately $84 trillion to Gen Z, Millennials, and Gen X. But what...more

Downey Brand LLP

“Mental Health Disorder” Must Be Proven Along with Delusion

Downey Brand LLP on

When are delusions enough to invalidate an estate plan? The California Court of Appeal addressed that issue earlier this month in Eyford v. Nord (2021) ___ Cal.App.5th ___. The case involves a 90-year-old woman who favored...more

Downey Brand LLP

I’m Still Standing – California Supreme Court Allows Trust Amendment Contests in Probate Court

Downey Brand LLP on

Last week the California Supreme Court issued a unanimous opinion in Barefoot v. Jennings (2020) ___ Cal.5th ___, ruling that a trust beneficiary disinherited in an amendment may contest the amendment’s validity in the...more

Downey Brand LLP

A Neuropsychologist’s Take on Mental Capacity Evaluation

Downey Brand LLP on

Mental capacity issues are commonplace in California trust and probate litigation. Jonathan Canick, Ph.D., who spoke last year at the Sacramento Estate Planning Council on the subject of “Aging, Cognition and Capacity,”...more

Downey Brand LLP

Barefoot No More – California Supreme Court to Review Standing of Trust Contestants

Downey Brand LLP on

Can a disinherited person contest a trust amendment under California Probate Code section 17200? No, said the Court of Appeal last August in Barefoot v. Jennings (2018) 27 Cal.App.5th 1. The Barefoot opinion put pending...more

Downey Brand LLP

Mental Capacity Standards in California Civil Litigation

Downey Brand LLP on

What mental capacity standards apply in California civil litigation? Last month we presented on this subject at the Placer County Bar Association’s annual spring conference in Roseville. I’ll offer highlights here. Short...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide