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Checklists: a. Indicators of Elder Abuse, Undue Influence and Incapacity; b. Courses of Action When Elder Abuse Is Identified

CHECKLIST A: Possible Indicators of Incapacity, Undue Influence and Elder Abuse □ Gifts to persons (caregivers, service providers, friends) who are not the natural objects of the client's bounty □ Gifts to anyone that are so large, given the size and nature of the client's estate, as...

Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve the Capacity Riddle in Elder Law

By Thomas Richard Stasi* *J.D. Candidate 2012, University of Michigan Law School; B.A. 2009, Duke University. Contributing Editor, University of Michigan Journal of Law Reform, Volume 45. Excerpt from Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve the Capacity...

Morrison & Foerster LLP: Wills and Trusts: Different Standards for Capacity?

By Genevieve M. Moore , Morrison & Foerster LLP It is more and more common for individuals to use a revocable trust instead of a Will as their primary estate planning document, particularly in California where we practice. Although there is an up-front cost to establishing the trust and transferring...

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...

Ask Liza: The Right Plan For Now: Living Trust

By Liza Weiman Hanks Dear Liza, I’m a young professional and would greatly appreciate your feedback on what type of trust, if any, would suit me well given my current financial and life position. I’m single, 29 years old (30 later this year), with cash, stocks, and a stake in a high-growth...

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...

Ask Liza: Is A Survivors Trust A Necessary Part Of A Trust?

Dear Liza: My parents have a revocable Trust that is very outdated and we want to make amendments to it. I understand most of the Trust but am having trouble with the Survivors Trust. I was surprised to see that upon the death of one spouse a Survivors Trust may be established. Is this really a necessary...