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Capacity, competency and injury

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 …

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Challenge to Will Leads to Further Problems for Stepson

OCTOBER 24, 2016 VOLUME 23 NUMBER 40 We often tell clients that they should think twice (or perhaps thrice) before challenging a will. It is difficult to prevail in a will contest, but there are also other problems. The will in question might have a provision that completely disinherits anyone challenging their reduced share. There …

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Arizona Appellate Decision Addresses Interesting Parentage Question

OCTOBER 17, 2016 VOLUME 23 NUMBER 39 Kelly and Sam are a married couple. They want to have a child, but cannot do so together, so they agree that Kelly will undergo artificial insemination. The process is successful, and Kelly delivers a beautiful baby boy, Edward. Does Sam have any duty to support Edward? If …

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Guardianship jurisdiction

Young Man’s Father Secures Guardianship After Summer Visit

OCTOBER 3, 2016 VOLUME 23 NUMBER 37 Sometimes a legal proceeding in another state can help illustrate the procedures in your own state — because they are different. A guardianship case in Georgia last week is a good example. Melvin Peters (not his real name) is twenty-one years old, and he lives with his father …

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Special Needs Trust Pays Substantial Legal Fees in Dispute

SEPTEMBER 26, 2016 VOLUME 23 NUMBER 36 Questions often arise about what kinds of payments may, or should, be made from a trust. When the trust is a “special needs” trust, the questions sometimes can be even more pointed — the purpose of a special needs trust, after all, is usually to provide for supplemental …

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