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Tag Archives: financial power of attorney

Gifts After Incapacity

Gifts After Incapacity: It Takes Advance Planning

podcastsBy Robert FlemingDecember 13, 2020

You have a long pattern of making gifts — to your children, to other family members, and to charities. Do you want to continue to make those gifts after incapacity? You need to make your intentions clear now, while you are still able to express those wishes. Perhaps you are managing someone else’s affairs. Maybe…

Valid power of attorney

Valid Power of Attorney May Avoid Guardianship

NewsletterBy Robert FlemingApril 26, 2020

Does every incapacitated person qualify to have a guardian appointed? Not necessarily. A valid power of attorney may finesse the need for appointment of a guardian of the person OR a conservator of the estate. Let’s look at a recent case from the courts here in Tucson. George and Suzanne get married Actually, the marriage…

Financial Power of Attorney

If You Have Only One Document, Make it Financial Power of Attorney

NewsletterBy Jacquelyne MingleJuly 14, 2019

When most people think about making an “estate plan,” they jump straight to deciding who gets what when they die. But there’s a lot about an estate plan that comes into play when you are alive. The most important: your financial power of attorney. Why the Financial Power of Attorney? Every adult should have a…

Your Most Important Document

The Most Important Document In Your Estate Plan

podcastsBy Robert FlemingMay 26, 2019

Your estate plan usually includes a will, a health care power of attorney and a financial power of attorney. It might also include at least one trust — perhaps more if you have a child with special needs, or a complicated financial situation. Which is your most important document? You might also have partnership agreements,…

Copies of your will and trust

Who Should Get Copies of Your Will and Trust?

NewsletterBy Robert FlemingMay 12, 20191 Comment

You’ve signed your will and powers of attorney. Maybe you’ve even signed a living trust. But now who should get copies of your will and trust? Is the answer different for your powers of attorney? What to do with the original documents First, let’s just say a word about what you should do with the…

Alternatives to guardianship

Alternatives to Guardianship and Conservatorship

NewsletterBy Robert FlemingAugust 19, 2018

  Imagine that the adult care home where your uncle Bill resides has told you that you need to get a guardianship. What does that mean, and what do you have to do? Are there alternatives to guardianship? Guardianship means court involvement When you visit a lawyer to “get” guardianship, you should know that it…

Power of attorney helps avoid guardianship

Guardianship Not Required With Power of Attorney in Place

NewsletterBy Robert FlemingJuly 30, 2017

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?…

Unique guardianship order

Probate Judge’s Unique Guardianship Orders Overturned

Newsletter, Tucson Elder LawBy Robert FlemingJuly 31, 2016

AUGUST 1, 2016 VOLUME 23 NUMBER 29 At Fleming & Curti, PLC, we handle a lot of guardianship and conservatorship proceedings. We even act as guardian (of the person) and/or conservator (of the estate) in some cases — particularly when family members are unavailable or unable to agree on the best course of action. But…

Court sets aside farm transfer

Court Sets Aside Agent’s Transfers to Self Using Power of Attorney

Newsletter, Tucson Elder LawBy Robert FlemingJune 12, 2016

JUNE 13, 2016 VOLUME 23 NUMBER 22 John Richardson was 86, living on his family farm in rural Nebraska, when he became ill enough that he could no longer take care of himself. His long-time companion Elaine had been living with him and providing care, but she could no longer handle his care, either. John’s…

Management of Risk in Guardianship and Powers of Attorney

Newsletter, Tucson Elder LawBy Robert FlemingDecember 13, 2015

DECEMBER 14, 2015 VOLUME 22 NUMBER 46 Imagine: you have just been named as guardian for your aging father. You are responsible for his medical care and decisions, his comfort and his placement. You were appointed, in part, because of your concern about his safety at home — you are thinking perhaps he needs to…

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