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Several Factors Increase Cost Of Conservatorships in Arizona

OCTOBER 12, 2009  VOLUME 16, NUMBER 57 A reader writes: Can a conservator get a waiver from the requirement of bonding, which costs my mother’s estate over $900 per year? This, along with the $300 court fee to evaluate accountings, is a tremendous amount of money. Can I get my sister to agree that this …

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Estate Plan For Benefit Of “Confidential” Wife Upheld

OCTOBER 5 , 2009  VOLUME 16, NUMBER 56 Legal issues confronted by celebrities are, of course, often fodder for tabloids, late-night television and casual gossip. They also often reveal unusual legal problems, since celebrities tend to lead lives that are more complex than those of their fans. Comedian Richard Pryor’s death in 2005 is a case …

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Social Security Probably Won’t Have a Cost of Living Increase

AUGUST 24, 2009  VOLUME 16, NUMBER 52 According to the Trustees of the Social Security and Medicaid trust funds, it looks like the annual cost-of-living adjustment (COLA) for Social Security next year will be, well, zero. In other words retirees, those on Social Security Disability and even Supplemental Security Income recipients will see no increase …

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Making medical decisions

Advice On Making Health Care Decisions For Someone Else

AUGUST 10, 2009  VOLUME 16, NUMBER 50  When you name someone as your health care agent, you literally entrust them with life-and-death decisions. When you are the agent the job can sometimes seem overwhelming. Sometimes health care decisions must be made by someone who was not even designated in a power of attorney. A “surrogate” …

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In terrorem provision

Should There Be An In Terrorem Clause in Your Will or Trust?

AUGUST 3, 2009  VOLUME 16, NUMBER 49 You would like to make sure that your children get along after you are no longer around to tell them to behave, wouldn’t you? Although you may not anticipate any disagreements, you know that money can change relationships, and you have seen how the death of a parent …

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Lawyer Suspended After Filing Guardianship Petition on Client

JUNE 22, 2009  VOLUME 16, NUMBER 45 A lawyer’s job is, of course, to help his or her client to accomplish the client’s goals. Sometimes, though, the client’s capacity may be diminished, and particularly in the elder law practice. What should the lawyer do when the client seems to be vulnerable to financial exploitation, or …

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“Joint Control Agreement” Leads to Lawyer’s Liability

JUNE 15, 2009  VOLUME 16, NUMBER 44 Tranquilino Ventura was a child when his father died, and just fourteen years old when a lawsuit arising from his father’s death was settled. The total settlement, after costs and fees, exceeded $500,000. When Mr. Ventura turned eighteen he found out that the money was all gone. Mr. …

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Dear client

To Our Favorite Estate Planning Client: Please Help Us Help You

JUNE 1, 2009  VOLUME 16, NUMBER 42 Dear client: It has been wonderful working with you. We are pleased that your estate plan is completed, and simultaneously saddened that we will not be seeing much of you for a couple years. Please remember to get in touch with us if there are major life changes. …

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