JUNE 2, 2003 VOLUME 10, NUMBER 48 Are adult children liable for the medical care of their parents? Several states (not including Arizona) have laws that attempt to impose what is sometimes called “family responsibility” or “filial responsibility” on children for the care of indigent parents. A recent South Dakota case provides a little insight…
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MAY 26, 2003 VOLUME 10, NUMBER 47 An individual must be mentally competent before making a valid will, signing a contract or executing almost any legal document. Confusion often arises because the level of competence required may vary depending on what sort of document is being signed. Take the case of Agnes Marquis of Bangor,…
MAY 19, 2003 VOLUME 10, NUMBER 46 When a person is no longer able to manage his or her own affairs, it may be necessary for a court to appoint a guardian (of the person) or conservator (of the estate). Who should be appointed? In most states the courts start from the presumption that family…
MAY 12, 2003 VOLUME 10, NUMBER 45 Financial exploitation of vulnerable seniors is hardly a new problem, but both the frequency and the severity of abuse have increased dramatically in recent years. Many seniors (or their concerned friends and family members) turn to the legal system for help and protection. Sometimes protectors become abusers themselves.…
MAY 5, 2003 VOLUME 10, NUMBER 44 The common-law principle that a murderer should not benefit financially from his homicide has been codified in most states. “Slayer statutes,” are laws that prevent one who intentionally kills another from inheriting from the victim’s estate. Do “slayer statutes” permit the victim’s estate to inherit from the murderer’s…
APRIL 28, 2003 VOLUME 10, NUMBER 43 When people consider “estate planning” they usually are thinking about preparing a will. Sometimes the common conception of estate planning includes preparing a trust as well, and often durable powers of attorney are also part of the plan. But two recent cases demonstrate that “estate planning” is really…
APRIL 21, 2003 VOLUME 10, NUMBER 42 In recent weeks two Maryland lawyers have lost their licenses to practice law for the same offense. Both wrote themselves into wills they prepared for their clients. Even though each lawyer had a longstanding personal relationship with the client, and there was no evidence of coercion or influence,…
APRIL 14, 2003 VOLUME 10, NUMBER 41 Almost every state is facing a serious budget crisis in the current economy, and Kansas is no exception. Kansas’ governor projects a $750 million shortfall in the coming year. Last month the Kansas Supreme Court did what it could to help by deciding that Mary Miller would not…
APRIL 7, 2003 VOLUME 10, NUMBER 40 Recently two different state courts addressed the exercise of authority made pursuant to a durable financial power of attorney. These cases illustrate why care should be taken both in drafting a power of attorney and in choosing an agent. In Florida, after David R. James II died, four…
MARCH 31, 2003 VOLUME 10, NUMBER 39 Contingency fee agreements are common in personal injury cases and many other types of litigation. In some kinds of lawsuits (for example, divorce or criminal cases) contingency fee arrangements are banned as being against public policy. Are contingency fees permissible in probate cases, and particularly will contests? According…