Total 143 Posts
In two cases decided in 2010, the Court considered whether it was appropriate for an attorney for property to pay herself for care services provided to an aging parent….
Love in the Age of Expectation Continue Reading »
Capacity Law, Elder Care, Family Conflict, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of AttorneyWith many couples, one or both spouses have had previous marriages or common law relationships. For many reasons, these couples’ estate planning instructions are not usually the traditional “all to my spouse with a gift over to my issue”, and clients should understand how their estat planning decisions may be impacted by family law…..
Interrelation of Family Law and Estate Planning Continue Reading »
Capacity Law, Estate Planning, Family Conflict, Power of Attorney, Property, Spouse, WillsMuch has been written about probate fee avoidance. Can you with a power of attorney engage in probate fee avoidance on behalf of a testator whose estate may be subject to probate fees?
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AVOIDING PROBATE FEES WITH A POWER OF ATTORNEY? Continue Reading »
Capacity Law, Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Probate Tax, Property, WillsI have encountered parents who are extremely worried about their challenged children’s financial well bein on theri death…isn’t it more effective to raise this issue now?….
A Henson Trust May Not Be Enough Continue Reading »
Capacity Law, Estate Planning, GuardianshipCapacity is a legal construct, and while screening tests developed based on medical parameters may provide red flags or indications of cognitive impairment, they are not definitive tests of incapacity…..
Screening Tests: Don’t be Fooled Continue Reading »
Capacity Law, Elder LawLast week, in my blog entitled “Red Flags of Incapacity”, I mentioned that certain barriers and physical changes associated with aging can be mistaken for signs of incapacity. As professionals, we need to be able to separate these from actual signs of incapacity, and work to reduce or eliminate their effect as much as possible. These barriers include vision impairment, hearing impairment, and the beginning stages of dementia. As people….
Barriers to Communication Masked as Symptoms of Incapacity – A Reminder Continue Reading »
Capacity Law, Elder Law, Estate Planning