News & Analysis as of

Power of Attorney Guardianships

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

Conn Kavanaugh

The Importance of Estate Planning for Families

Conn Kavanaugh on

Everyone should have an estate plan. Your estate plan is the roadmap in a crisis, providing guidance to loved ones on how to proceed and ensuring your wishes and goals are met. For those with young children or children with...more

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

Kohrman Jackson & Krantz LLP

Powers of Attorney vs. Guardianships Under Ohio Law

Estate planning involves preparing for an individual’s death, but just as importantly, it also addresses decisions and arrangements made during their lifetime. In Ohio, individuals planning for potential incapacity often...more

Fleurinord Law PLLC

Securing LGBTQ+ Families in Uncertain Times: Estate Planning Strategies Amid Evolving Laws in 2025

Fleurinord Law PLLC on

The past two years have brought a wave of legislative and judicial actions impacting the rights and recognition of LGBTQ+ individuals and families. According to the ACLU, over 500 anti-LGBTQ+ bills were introduced across the...more

Rivkin Radler LLP

Quick Bites: Special Needs Planning

Rivkin Radler LLP on

If you have a loved one with special needs, you know that caring for him or her can, at times, feel totally overwhelming. Presumably, you have retained an attorney to guide you through the special education process in your...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

Kohrman Jackson & Krantz LLP

When Grandparents Step In: Legal Options for Visitation and/or Custody in Ohio – Part 2

In the first part of this series, we explored the various legal avenues available to grandparents seeking visitation with their grandchildren under Ohio law....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

Kohrman Jackson & Krantz LLP

Special Needs Estate Planning: Ensuring a Secure Future for Your Loved One

Estate planning is a crucial process for anyone looking to protect their family and assets, but for families with a loved one who has special needs, it requires additional considerations. Without proper planning, a...more

Mandelbaum Barrett PC

Special Needs Planning 101: 10 Ways to Safeguard Your Loved One’s Future

Mandelbaum Barrett PC on

Careful planning for a loved one with disabilities is one of the most important and compassionate acts you can take as a parent or caregiver. It’s not just about securing their financial future, it’s about preserving their...more

Dentons

Protecting And Empowering LGBTQ+ Iowans In Times Of Legal Uncertainty

Dentons on

Recent years have seen an unprecedented rollback of many hard-won civil rights for LGBTQ+ Iowans at the state and federal levels. There are several ways LGBTQ+ Iowans can protect and empower themselves and their loved ones...more

Dentons

Planning for the Future: Legal Tools for Adults with Disabilities

Dentons on

Navigating special needs planning can be a complex journey for people with disabilities and their families and caregivers. As individuals with disabilities reach adulthood, important decisions must be made to ensure their...more

Adler Pollock & Sheehan P.C.

Newly Married? Young Parents? Start Your Estate Plan Now

Estate planning is not a task that often comes to mind for those who are newlyweds or those parents who are in the midst of raising young children. Either you’re still enjoying the post-wedding excitement and promise of a new...more

Walkers

Hope for the best, but prepare for the worst: Wealth planning for mental incapacity

Walkers on

It’s always wise to hope for the best but plan for the worst, and, with global rates of dementia on the increase, planning for incapacity should be part of everyone's wealth and succession strategy. Where the assets held...more

Offit Kurman

Estate Planning: Peace of Mind for Uncertain Times

Offit Kurman on

In the late 19th century, death was almost fashionable. Funerals were well attended and even rivaled weddings in their splendor and expense. Department stores offered an array of luxury clothing for grieving mothers and...more

Offit Kurman

Why You Need to Update Your Estate Planning After a Divorce

Offit Kurman on

Divorce is a major life change that affects far more than just your relationship status. One crucial—but often overlooked—aspect that needs immediate attention after a divorce is your estate plan. Failing to update your...more

Mandelbaum Barrett PC

Estate Planning Tips for Newlyweds and Expecting Parents: What You Need to Know

Mandelbaum Barrett PC on

For newly married couples and those starting a family, estate planning is often thought of as something to address later in life. However, as discussed by Dan Stone, an associate in the Elder Law Practice Group at Mandelbaum...more

Downey Brand LLP

Gambling, Racehorses, and Protecting Your Loved Ones from Testamentary Fraud: They Have More in Common Than You Think

Downey Brand LLP on

A question for you: do you have an estate plan? Of course you do, everyone needs an estate plan. Second question: who is(are) the beneficiary(ies) of your estate plan? Someone you love and trust, I presume. Perhaps a spouse,...more

Stark & Stark

Why Having a Special Needs Child Sign a Power of Attorney Is Not a Good Idea

Stark & Stark on

In a previous blog, I discussed the process of a parent obtaining a guardianship for their special needs child. This blog discusses why it is not a good idea to try to shortcut this process and to simply have your child sign...more

Jaburg Wilk

Five Important Considerations When Creating Estate Plans for a Blended Family

Jaburg Wilk on

Blending families often introduce unique dynamics. In addition to the day-to-day challenges and opportunities that blended families create, there is also careful planning to consider when creating or updating an estate plan....more

Rivkin Radler LLP

Don’t Leave Your Final Wishes Open to Interpretation

Rivkin Radler LLP on

The media is filled with stories of deceased celebrities whose final wishes were either unknown or the subject of dispute. An important lesson: You can retain control of your finances after incapacity and remain in control of...more

Foster Swift Collins & Smith

Protecting Same-Sex Marriage Assets in Michigan If Obergefell is Ever Overturned

When the Supreme Court made its landmark decision in Obergefell v. Hodges in 2015, same-sex couples across the country gained the right to marry. But with recent shifts in the legal landscape, such as the overturning of Roe...more

Rivkin Radler LLP

Frank Fritz’ Will is ‘Picked’ for a Will Contest

Rivkin Radler LLP on

Frank Fritz, star of the History Channel show “American Pickers,” suffered a stroke, became incapacitated, and died on September 30, 2024, at age 60. Before he passed away, his friend, Chris Davis, became his legal guardian....more

Saiber LLC

Planning for Your Pet’s Care following Your Incapacity or Passing

Saiber LLC on

Whether you’re a dog lover, a cat person, or a caretaker for another kind of feathered, scaly, or furry friend, pets are an important part of our lives. Yet when individuals are creating their estate plan, their pet’s future...more

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