Attorney Fees for Guardian Approved Over Objection
If you act as guardian or conservator, you know that it can be a challenging job. Sometimes you need legal counsel. If you incur attorney fees, can you charge them to the estate? The general rule is that you can collect your attorney fees from the estate. There are exceptions. If your actions benefit you […]
Appointment of “Guardian Ad Litem” Terminated by Court
An Arizona guardianship and conservatorship case involving a Disney heir seems to have stumbled to a conclusion. It took six hotly contentious years and (reportedly) millions of dollars in legal fees. The case involves interesting legal issues and intense family drama. One side issue: the appointment of a “guardian ad litem”. What is a guardian […]
Guardianship Not Required With Power of Attorney in Place
We’ve written before about why you might want to avoid guardianship proceedings. They are expensive. More lawyers, judges and court-appointed officials are involved than most people would like to have in their lives. If you planned in advance, you probably would not choose a cumbersome, invasive and public legal proceeding. How can you avoid guardianship? […]
Lawyer Entitled to Hearing Before Being Ordered to Disgorge Fees
When a court decides that a lawyer should return fees improperly collected, the usual term comes with powerful imagery. The lawyer is usually ordered to “disgorge” those fees. Courts are very protective about the fees charged in probate, guardianship and trust administration matters. Lawyers often find themselves having to justify their fees. An order to […]
Guardianship, Conservatorship and Jury Trials in Arizona
VOLUME 24 NUMBER 16 Suppose someone has asked the Arizona courts for appointment as your guardian and/or your conservator. A trial has been set to consider the petition. Do you think you should be entitled to a jury trial before a guardian or conservator is appointed? Under Arizona law, you are entitled to a jury […]
Failure to File Court Accounting Ends Up Being Costly
VOLUME 24 NUMBER 15 Every state’s laws require court-appointed conservators (or guardians) of an estate to file a regular court accounting. Usually those filings must be filed every year (as Arizona law requires), but a few states permit them once every two years. No state lets you wait eight years between court accountings, as an […]
What “Elder Law” Means to Us at Fleming & Curti, PLC
VOLUME 24 NUMBER 11 At Fleming & Curti, PLC, we practice elder law. But what does that term mean? Our practice is focused on typical legal problems faced by older individuals. We also regularly work in the field of special needs planning for individuals with disabilities. Because the people coming to see us are often […]
Privacy Concerns Loom Large in Probate Court
JANUARY 16, 2017 VOLUME 24 NUMBER 3 Things change. This is our twenty-fourth year of publishing Elder Law Issues, and one thing we frankly didn’t think much about a quarter-century ago was privacy. Today it’s a big concern, and central to a lot of our thinking. When Fleming & Curti, PLC, first formed in 1994, […]
Unreachable Joint Account Makes Applicant Ineligible for Medicaid
NOVEMBER 14, 2016 VOLUME 23 NUMBER 43 Paul (that’s not his real name) needed long-term care. His health and his mental capability had both declined, and he could no longer handle his personal affairs nor take care of himself. Paul’s assets included a car (titled in his and his daughter’s names) and three Bank of […]
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 […]