The Difference Between Powers of Attorney and Guardianship
JULY 18, 2011 VOLUME 18 NUMBER 26 “Elder law” (what we practice here at Fleming & Curti, PLC) can be a fairly broad practice area. We work in estate planning, long-term care planning, guardianship and conservatorship, trust administration and probate — and each of those areas encompasses a number of other topics as well. But […]
Attorney Disciplined for Advice to Ignore POA Limitations
JANUARY 3, 2011 VOLUME 18 NUMBER 1 Lawyers, of course, grapple with ethical issues constantly. Elder law attorneys see particular ethical issues recur frequently. Sometimes the lawyer’s eagerness to accomplish the client’s wishes can cloud the lawyer’s ethical judgment. Sometimes the lawyer’s fascination with what might be done can even gallop ahead of the client’s […]
Agents Under Power of Attorney Justify $20 Million in Expenditures
OCTOBER 11, 2010 VOLUME 17 NUMBER 32 Imagine this: you have a long-standing history of philanthropy and community involvement. You have substantial assets and you feel that you should use some of them to enrich the community where you live, where you made your fortune, and where your children were raised. Your spouse agrees with […]
Durable Powers of Attorney Are Important But Dangerous
APRIL 26, 2010 VOLUME 17, NUMBER 14 A power of attorney is one of the most important, powerful and dangerous documents you will ever sign. Why is it important? Because your family has no inherent right or power to handle your finances in the event that you become incapacitated. Why is it dangerous? Because it […]
Video by Exploiters Leads to Witness Tampering Conviction
DECEMBER 21 , 2009 VOLUME 16, NUMBER 65 Washington State resident Shirley Crawford, then age 80, had a difficult problem to deal with. She had fallen in 2001 and was hospitalized. Her only child, Anne, was severely mentally disabled and lived in Ms. Crawford’s home. Ms. Crawford needed someone to help her with management of […]
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 […]
Some Advice About Selecting Fiduciaries For Your Estate Plan
APRIL 20, 2009 VOLUME 16, NUMBER 37 When it comes time to complete estate planning, our clients usually have clear ideas about who should receive their property, what health care decisions they would want made — even how they feel about cremation, burial, organ donation and most of the other issues that must be addressed. […]
Powers of Attorney: Draft With Care and Use as Instructed
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 […]
