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Conservatorship and Testamentary Capacity

The Supreme Court of Virginia recently decided a case regarding the testamentary capacity of a person who had been declared legally "incompetent," with appointed conservators, and also addressed the issue of undue influence. In Parish v. Parish (Record No. 092279, January 13, 2011), the decedent...

Temporary Conservator Entitled to Recovery of Attorneys’ Fees Even When Permanent Conservatorship Dismissed

By David W. Tate In Conservatorship of Cornelius (California Court of Appeal, First Appellate District, November 15, 2011, A131495) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the court held that a temporary conservator was entitled...

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...

Ask Liza: Your Mom May Need a Conservatorship

Dear Liza: My mother, suffering from Alzheimer’s, is completely mentally incompetent and living in a nursing home in Arkansas. I have only recently learned – surprise! – that she does not have a will. With my father and brother already deceased, I am her only legal heir, but I fear...

Ask Liza: What to Do When One Parent Lacks Capacity

Dear Liza, my parents do not have a living trust in place. I need to help them set one up. My father and mother are 91 and 83 respectively. My father has a form of dementia that prevents him from making decision about his property. My Mother is fully capable. Does my Mother have the right to make decisions...