LexisNexis® Legal Newsroom
Alternatives to Article 81 Mental Hygiene Law Proceedings

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 and participation in all the decisions affecting...

Avoid a Guardinaship - Acquire a Power of Attorney

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 yourself. Guest blogger Stacey Crowell Maiden,...

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)

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 of attorney and advanced directive for health care...

Brokerage Firm Deemed Culpable for Improperly Conveying Assets to Ward’s Guardian

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 for improperly conveying a ward's (Guzay...

When a Power of Attorney isn't Enough a Guardianship may be Needed

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, along with their Wills, which address disposition...

Pennsylvania Supreme Court Holds that Divorced Mother Has Standing to Challenge Guardian Appointed after Child Inherited from Deceased Father

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 primary role was to place the child's assets...

Florida Guardianship Checklist

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 guardian needs an attorney. Find one who is willing...

How to Protect Yourself from Court-Ordered Guardianship (and the Occasional Bad Apple Guardian)

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 another reason to be wary of court-ordered guardianship...

New 3rd Edition Released: Guardianship and Conservatorship in Massachusetts

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. The entire volume was rewritten and many new...

Childless and Aging? Time to Designate a Caregiver

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 legal documents that can be prepared by an attorney...

David Shulman: Who Gets Paid If an Alleged Incapacitated Person Dies Before the Hearing? Nobody?

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 we work there is some hope or expectation of getting...