conservatorship

Living Trust Does Not Prevent Court Involvement After Misuse of Funds

JULY 16, 2012 VOLUME 19 NUMBER 27 Living trusts are increasingly popular and common. One of the principal attractions for most people who execute living trusts is that they can avoid the complication, cost and oversight of the courts and of lawyers. That usually means the trust signer’s family can save money and hassle. Lack …

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“Vexatious Litigant” Title Takes On Real Meaning in Phoenix Case

MARCH 5, 2012 VOLUME 19 NUMBER 9 We have written before about changes to Arizona guardianship, conservatorship and probate proceedings adopted in the past year. Changes involved both probate laws and court rules. One thread running through both sets of changes: the notion that proceedings in probate court could be unnecessarily complicated by “vexatious litigants.” …

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Think Your Family Member Needs a Guardian? Proceed With Caution

FEBRUARY 27, 2012 VOLUME 19 NUMBER 8 Phoenix-area resident Larry Robertson (not his real name) was undoubtedly fading mentally, but he had made plans for handling his affairs. He had created a revocable living trust, signed a power of attorney and created a beneficiary deed. All those documents named a husband-and-wife team who were also …

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Court Rule Changes Will Affect AZ Fiduciaries in 2012

JANUARY 2, 2012 VOLUME 19 NUMBER 1 Two weeks ago we detailed some of the statutory changes facing guardians, conservators and other fiduciaries in Arizona beginning with the new year. At the same time the legislature was working on those changes, the Arizona Supreme Court was considering changes to the rules and procedures governing probate …

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Guardians’ Fees for Advocacy Work Disallowed by Court

DECEMBER 12, 2011 VOLUME 18 NUMBER 42 Last month we saw an interesting variation on fee requests for guardianship and conservatorship proceedings. A Washington State Supreme Court case dealt with the payment from wards’ estates to a professional fiduciary organization in unusual circumstances. James R. Hardman and his mother Alice Hardman are certified professional guardians …

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Some thoughts about guardianship and conservatorship

Some Thoughts About Guardianship and Conservatorship in Arizona

NOVEMBER 14, 2011 VOLUME 18 NUMBER 39 Let’s talk about guardianship and conservatorship proceedings. Before we do, though, let’s remember a couple of important principles: We only know about Arizona guardianship or conservatorship. Well, OK — we might know a thing or two about other states’ rules and procedures — but we only practice in …

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Court Selection of Conservator Should Have Family Input

AUGUST 1, 2011 VOLUME 18 NUMBER 28 It is a recurring question in guardianship and conservatorship cases: when there is family conflict, or an allegation that a family member has taken advantage of an individual, who should the courts appoint to manage the person’s financial and personal affairs? Family should have priority, of course — …

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Appellate Court Upholds Orders in New Jersey/Texas Guardianship

JULY 25, 2011 VOLUME 18 NUMBER 27 We have told you about Lillian Glasser before. She is a wealthy New Jersey woman with two children who disagree about where she resides, who should manage her health care and finances, and what should be done about financial actions taken in the months before court proceedings were …

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