Due Process in Guardianship Proceeding
It’s easy to observe that the subject of a guardianship (or conservatorship) petition has a right to “due process” during the court process. But what does that mean? Does it include anything a judge orders? Does it require a court hearing? How will you know if you have been afforded due process before a guardianship […]
Mediation in Guardianship Proceeding Can Be Effective, But Raises Questions
FEBRUARY 8, 2016 VOLUME 23 NUMBER 6 Sometimes court proceedings are necessary in order to resolve differences of opinion — but almost everyone recognizes that it is good to seek resolution by a simple agreement when the parties can resolve their differences outside court. Mediation, for instance, is a great way to resolve many legal […]
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 […]
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 […]
Ohio Lawyer Suspended From Practice Over Mishandling of Guardianship
MARCH 21, 2011 VOLUME 18 NUMBER 10 Rebecca Susan Blair had practiced law in Cleveland, Ohio, since 1986. When the local probate court appointed her to take over as a successor guardian (of the estate — what we in Arizona would call a conservator) early in 2005, she had a good reputation and seemed to […]
