Guardianship, Conservatorship and Jury Trials in Arizona
VOLUME 24 NUMBER 16 Suppose someone has asked the Arizona courts for appointment as your guardian and/or your conservator. A trial has been set to consider the petition. Do you think you should be entitled to a jury trial before a guardian or conservator is appointed? Under Arizona law, you are entitled to a jury […]
What “Elder Law” Means to Us at Fleming & Curti, PLC
VOLUME 24 NUMBER 11 At Fleming & Curti, PLC, we practice elder law. But what does that term mean? Our practice is focused on typical legal problems faced by older individuals. We also regularly work in the field of special needs planning for individuals with disabilities. Because the people coming to see us are often […]
Privacy Concerns Loom Large in Probate Court
JANUARY 16, 2017 VOLUME 24 NUMBER 3 Things change. This is our twenty-fourth year of publishing Elder Law Issues, and one thing we frankly didn’t think much about a quarter-century ago was privacy. Today it’s a big concern, and central to a lot of our thinking. When Fleming & Curti, PLC, first formed in 1994, […]
Young Man’s Father Secures Guardianship After Summer Visit
OCTOBER 3, 2016 VOLUME 23 NUMBER 37 Sometimes a legal proceeding in another state can help illustrate the procedures in your own state — because they are different. A guardianship case in Georgia last week is a good example. Melvin Peters (not his real name) is twenty-one years old, and he lives with his father […]
Public Fiduciary Offices in Arizona
SEPTEMBER 20, 2016 VOLUME 23 NUMBER 35 When an individual living in Arizona becomes incapacitated, or needs financial protection because of diminishing capacity, a family member, friend or private professional fiduciary might be appointed to act as guardian (of the person) or conservator (of the estate). But what if there is no one available to […]
Probate Judge’s Unique Guardianship Orders Overturned
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 […]
Maine Guardianship Violates Uniform Jurisdiction Act
JULY 25, 2016 VOLUME 23 NUMBER 28 Before any guardianship or conservatorship action can be filed in a local court, the court must have jurisdiction over the person subjected to the proceeding. For many decades that had meant (more or less) that the person must be physically present in the state, and not much more. […]
Subject of Guardianship Allowed to Hire Own Attorney
JULY 4, 2016 VOLUME 23 NUMBER 25 Just two weeks ago we told you about an Ohio appellate decision dealing with the authority of a close family member (in that case a sister) to participate in, and appeal from, a guardianship hearing. At about the same time another Ohio appellate court was dealing with a […]
Concerned Sister Permitted to Intervene in Guardianship Proceeding
JUNE 20, 2016 VOLUME 23 NUMBER 23 Suppose your sister is developmentally disabled, and your brother has been appointed as her guardian, to make medical, placement and other decisions. Suppose your brother has moved her to a facility you aren’t sure about, and has restricted family access to visit her. Can you do anything to […]
Lawyers Continue Battle After Guardianship Dismissal
MAY 23, 2016 VOLUME 23 NUMBER 20 It will come as no surprise to anyone who has been involved in guardianship and conservatorship proceedings: the legal fees and related costs can often spiral out of control. Though most guardianship proceedings do not cost tens of thousands of dollars, some do. In fact, the battle can […]
