Estate and Elder Law

Recent Posts

Florida Guardianship Checklist
Posted on 6 Mar 2012 by Marc J. Soss

FLORIDA GUARDIANSHIP CHECKLIST CHECKLIST AND RESPONSIBILITIES FOR FLORIDA GUARDIAN'S 1. Visit the ward - While this may seem obvious, it is important that they know you and their family are their for them. 2. Secure an attorney - Every Florida... Read More

New Jersey Court Holds that an Unrelated Agent under a POA Lacks Standing to File a Lawsuit Seeking Guardianship of the Principal (Apr. 12, 2011)
Posted on 5 May 2011 by LexisNexis Estate and Elder Law Community Staff

In In re Nova , 2011 N.J. Super. Unpub. LEXIS 946 (Ch.Div. Apr. 12, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], Costa Nova, the alleged incapacitated person, revoked a power... Read More

When a Power of Attorney isn't Enough a Guardianship may be Needed
Posted on 9 Sep 2011 by Deirdre R. Wheatley-Liss

We always encourage our estate planning clients to execute comprehensive Powers of Attorney and Living Wills/Advanced Health Care Directives to appoint surrogate decision makers of their choosing to handle financial and medical affairs during their life... Read More

Childless and Aging? Time to Designate a Caregiver
Posted on 11 Oct 2012 by David Goldman

Phyllis Korkki with the NY Times wrote an article dealing with some of the problems our aging society has when they have no children or natural caregivers and ways to help deal with it. In the article, she quotes me in dealing with some ways you can use... Read More

Alternatives to Article 81 Mental Hygiene Law Proceedings
Posted on 15 Jan 2010 by Hon. C. Raymond Radigan

Mental Hygiene Law Article 81 was established to provide a guardianship system that could be tailored to the individual needs of an incapacitated person and at the same time afford that individual the greatest amount of independence, self-determination... Read More

How to Protect Yourself from Court-Ordered Guardianship (and the Occasional Bad Apple Guardian)
Posted on 31 Jul 2012 by karplaw

Becoming incapacitated and unable to manage one's own affairs is an unnerving prospect. Having the court appoint a guardian for you adds insult to injury. No one wants the state mucking around in his personal affairs and finances. There's yet... Read More

Avoid a Guardinaship - Acquire a Power of Attorney
Posted on 26 Oct 2010 by Deirdre R. Wheatley-Liss

Many times estate planning is focused on "what happens when I die"? Often overlooked is the element of estate planning for while you are alive - namely designating and empowering someone to make decisions for you if you can't make them for... Read More

David Shulman: Who Gets Paid If an Alleged Incapacitated Person Dies Before the Hearing? Nobody?
Posted on 14 Feb 2014 by David A. Shulman

By David Shulman I’m sure there are some independently wealthy attorneys out there who take all of their cases pro bono . Most of us though are hard-working schlubs like everyone else who while we love what we do, need to pay the bills too. When... Read More

New 3rd Edition Released: Guardianship and Conservatorship in Massachusetts
Posted on 3 Oct 2012 by LexisNexis Estate and Elder Law Community Staff

Taking note of the Massachusetts legislature's enactment of many new statutory provisions impacting guardianships, conservatorships and estate administration, Matthew Bender has released Guardianship and Conservatorship in Massachusetts, 3rd Edition... Read More

Pennsylvania Supreme Court Holds that Divorced Mother Has Standing to Challenge Guardian Appointed after Child Inherited from Deceased Father
Posted on 1 Nov 2011 by LexisNexis Estate and Elder Law Community Staff

A divorced father designated his child as a life insurance policy's sole beneficiary. When the father died, the administratrix, as the child's "next friend," filed a petition for the appointment of a limited guardian. The guardian's... Read More

Avoid a Guardinaship - Acquire a Power of Attorney
Posted on 26 Oct 2010 by Deirdre R. Wheatley-Liss

Many times estate planning is focused on "what happens when I die"? Often overlooked is the element of estate planning for while you are alive - namely designating and empowering someone to make decisions for you if you can't make them for... Read More

Brokerage Firm Deemed Culpable for Improperly Conveying Assets to Ward’s Guardian
Posted on 25 May 2011 by LexisNexis Estate and Elder Law Community Staff

In Art v. Erwin , 2011 Ohio 2371 (Ohio Ct. App., Franklin County May 17, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], a probate court held that a brokerage firm was not liable... Read More

When a Power of Attorney isn't Enough a Guardianship may be Needed
Posted on 9 Sep 2011 by Deirdre R. Wheatley-Liss

We always encourage our estate planning clients to execute comprehensive Powers of Attorney and Living Wills/Advanced Health Care Directives to appoint surrogate decision makers of their choosing to handle financial and medical affairs during their life... Read More

How to Protect Yourself from Court-Ordered Guardianship (and the Occasional Bad Apple Guardian)
Posted on 31 Jul 2012 by karplaw

Becoming incapacitated and unable to manage one's own affairs is an unnerving prospect. Having the court appoint a guardian for you adds insult to injury. No one wants the state mucking around in his personal affairs and finances. There's yet... Read More

Florida Guardianship Checklist
Posted on 6 Mar 2012 by Marc J. Soss

FLORIDA GUARDIANSHIP CHECKLIST CHECKLIST AND RESPONSIBILITIES FOR FLORIDA GUARDIAN'S 1. Visit the ward - While this may seem obvious, it is important that they know you and their family are their for them. 2. Secure an attorney - Every Florida... Read More