Think Twice Before Messing With Mom
A recent Arizona Court of Appeals decision has an important lesson: Think twice before messing with Mom. She might fight back, and she might win. In Re Lindquist centers on Arizona’s vulnerable adult exploitation statute (A.R.S. § 46-456). But the more general message is one we’ve noted before: If you are a child trying to “help” […]
Bad Things Can Happen with PoAs: An Illustration
Powers of attorney are powerful tools, ones that can be easily misused. We’re often warned that bad things can happen with a financial power: the agent can take all the money. But we’re not often told bad things can happen with medical powers, too. This week, we share a cautionary tale inspired by a client […]
When Mom Can’t Live at Home, Does Power of Attorney Help? Yes and No
A newsletter reader asks: Can you use a health-care power of attorney to admit someone who can’t live at home safely to a care home? The answer, legally, is clear: No, you can’t. The practical answer, however, is probably yes. A health care power of attorney names an agent to make health-care decisions for you […]
Alternatives to Guardianship and Conservatorship
Imagine that the adult care home where your uncle Bill resides has told you that you need to get a guardianship. What does that mean, and what do you have to do? Are there alternatives to guardianship? Guardianship means court involvement When you visit a lawyer to “get” guardianship, you should know that it […]
What Happens When Someone Dies Intestate?
VOLUME 24 NUMBER 17 Even with regular prompting, about half of people never get around to completing even basic estate planning. If they never do get a will signed, we lawyers say that they have died “intestate”. But what does that really mean for their loved ones? Note that the information we provide here is […]
Should You Share Your Estate Plan With Your Family?
VOLUME 24 NUMBER 12 You’ve done the thoughtful estate planning work we urged you to do. You signed your will, your powers of attorney — maybe you even created a living trust. Now what? Do you share your estate plan with your family? There is neither a requirement nor a prohibition — the decision about […]
Undue Influence and Limited Capacity Do Not Necessarily Justify Conservatorship
OCTOBER 31, 2016 VOLUME 23 NUMBER 41 In our legal practice, we frequently deal with individuals with limited capacity. Sometimes we speak of them being “incapacitated” or “incompetent.” Sometimes they are “disabled,” or qualify as “vulnerable adults,” or are subject to “undue influence.” But each of those terms means something specific, and some variations even […]
Court Sets Aside Agent’s Transfers to Self Using Power of Attorney
JUNE 13, 2016 VOLUME 23 NUMBER 22 John Richardson was 86, living on his family farm in rural Nebraska, when he became ill enough that he could no longer take care of himself. His long-time companion Elaine had been living with him and providing care, but she could no longer handle his care, either. John’s […]
Not Every Cognitively-Impaired Senior Needs a Conservator
SEPTEMBER 28, 2015 VOLUME 22 NUMBER 35 We handle a lot of guardianship and conservatorship proceedings at Fleming & Curti, PLC. We also meet with a lot of clients (or potential clients) and help them figure out how not to initiate a guardianship or conservatorship proceeding — we subscribe to the modern view that court […]
Managing Your Digital Assets With an Eye on Mortality
SEPTEMBER 22, 2014 VOLUME 21 NUMBER 34 For a while it was just an interesting academic problem: what would happen to your Facebook page, your Instagram photos, and your Pinterest collection if you died? And what about your e-mail account(s), your shopping login information and the passwords for all of those different online arrangements? It […]