conservatorship

“Vest Pocket” Deed Is Valid to Transfer Family Farmland

OCTOBER 25, 2010 VOLUME 17 NUMBER 33 It has been a while since we wrote about “vest pocket” deeds. That reflects the reality that they are more common in fiction and mythology than in the real world of legal proceedings, but they occasionally do crop up. The problems of validity and effect can involve lawyers …

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Conservator May Be Able To Act As Successor Trustee

AUGUST 16, 2010 VOLUME 17 NUMBER 26 Let’s say you have created a revocable living trust, and you have named yourself as trustee. You also name your two children as successor trustees, to act together upon your death or incapacity. Two years later you become incapacitated; because of a dispute between your two children about …

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Interstate Guardianship Law Adopted in Arizona

JULY 12, 2010 VOLUME 17, NUMBER 22 Among the less-controversial steps taken by the Arizona Legislature in 2010 was the adoption of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which is usually referred to by its unpronounceable acronym UAGPPJA. The new law, which becomes effective on July 29, should make it easier for …

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Late Request Does Not Prevent Fee Award to Trustee’s Lawyer

JUNE 28, 2010  VOLUME 17, NUMBER 21 Mesa, Arizona, lawyer Donald C. Galbasini first began representing members of the Tremble family in 1998. That was when he filed a notice that he would be the attorney for Vernice Tremble, who was serving as conservator for Edward Tremble, Jr., her grandson. Nine years later Vernice Tremble …

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Lawyer Ordered to Return Funds Taken by Conservator

NOVEMBER 2, 2009  VOLUME 16, NUMBER 60 Michigan Attorney William R. Ford represented Preshus Graves, who had been appointed as conservator of her son Calvin Graves. Calvin Graves, then not quite three years old, had been injured in an automobile accident, and his mother had pursued a personal injury action against the driver of the …

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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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“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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Court: “Massive Curtailment of Liberty” in Guardianship Cases

APRIL 21, 2008  VOLUME 15, NUMBER 43 We apologize. We like to think that we bring you the most interesting, useful and thought-provoking elder law cases, news stories and trends each week. Somehow we completely missed a great case last year. With thanks to our friend Prof. Rebecca Morgan for calling it to our attention, …

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Lawyer Loses Her Own Case, Faces Bar Disciplinary Action

DECEMBER 15, 2003 VOLUME 11, NUMBER 24 Sherri K. apparently thought her stepfather Clifford H. (the court opinion does not disclose family names) needed protection. She asked the California courts to appoint her as conservator, and she alleged that there was an emergency requiring immediate action. Without giving notice to her stepfather or other family …

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Guardian of Estate Must Pay Personally For Copies of Checks

AUGUST 11, 2003 VOLUME 11, NUMBER 6 The issue facing Florida guardian Barbara Keithly was simple: should she have her bank return the original canceled checks on the guardianship account, or would it acceptable to receive only copies with her monthly statement? Although the question seems simple enough, it provides an opportunity to consider the …

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