News & Analysis as of

Power of Attorney Incapacitated Persons 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

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

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

Ward and Smith, P.A.

Weathering the Storm: How to Get Your Affairs in Order

Ward and Smith, P.A. on

In the aftermath of Hurricane Florence in 2018, I wrote this article to help individuals and families navigate the legal and financial issues that often follow a devastating storm. I remember the incredible outpouring of...more

Fleurinord Law PLLC

The Wendy Williams Guardianship Saga and Why a Pre-Need Declaration is Essential

Fleurinord Law PLLC on

Wendy Williams, the famous talk show host, has long been a media fixture, but in recent years, her name has been associated with a highly publicized guardianship battle. This case underscores the importance of estate planning...more

Hendershot Cowart P.C.

Family Members Living With Dementia: Guardianship and Guardianship Alternatives

Celebrities like Jay Leno and Emma Hemming Willis (married to Bruce Willis) are speaking out about their experiences with guardianship and caregiving. If you are caring for a family member with dementia too, a time will...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

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

Hendershot Cowart P.C.

Assessing the Drawbacks and Benefits of Adult Guardianship

Hendershot Cowart P.C. on

Adult guardianship is a legal relationship in which a person (the “guardian”) is appointed by a court to make decisions on behalf of another adult (the “ward”). Adult guardianship arrangements are meant to benefit and protect...more

Chambliss, Bahner & Stophel, P.C.

When Does a Person Lack Capacity in a Guardianship?

The guardianship of an adult, in which a judge appoints an individual to make choices for a person over 18, is appropriate when the adult lacks capacity. Capacity is a general legal term that refers to a person’s cognitive...more

Gray Reed

Guardianships in Texas and Your Adult Children

Gray Reed on

Last Thursday, Britney Spears’ dad Jamie agreed to step down from his role in her conservatorship “when the time is right” after the Los Angeles judge hearing the case denied a request by Britney’s lawyers to remove him from...more

Ruder Ware

Adult Guardianship 101

Ruder Ware on

Our team here at Ruder Ware has focused previous blogs and other educational materials on ways to avoid adult guardianship; however, there may be some instances where guardianship is unavoidable. Earlier this month, I...more

Barnea Jaffa Lande & Co.

Essential Legal Tools for the Period between Life and Death

In 2017, the Legal Capacity and Guardianship Law was amended in Israel to enable individuals to draw up an enduring power of attorney that will come into effect if or when they become incapacitated. Guardianship and an...more

15 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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide