Although death sometimes arrives with plenty of warning, often there is none. Estate planning, of course, tries to provide a roadmap for both scenarios. The truth is, having an estate plan doesn’t always mean things go smoothly, and when things go smoothly, it’s not always because there was an estate plan. Take Luke Perry. After…
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…
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?…
VOLUME 24 NUMBER 14 Here at Fleming & Curti, PLC, our standard estate planning service includes not just your will, but a financial power of attorney and a health care power of attorney. We also ask whether you would like to be an organ donor at death. Your response may reflect your religious traditions, experience…
NOVEMBER 7, 2016 VOLUME 23 NUMBER 42 For over four decades, Arizona law has permitted residents to create powers of attorney that continue to be valid even after the signer becomes incapacitated. That simple concept, once thought to be radical, has become widespread: all U.S. states now permit powers of attorney to be “durable.” To…
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…
FEBRUARY 22, 2016 VOLUME 23 NUMBER 8 This week, a letter from Fleming & Curti, PLC attorney Amy Farrell Matheson, addressed to a father (not, as it happens, her father so much as your father): Dad, we need to talk: We love you and want the best for you. Over the past few months, we’ve…
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…
OCTOBER 5, 2015 VOLUME 22 NUMBER 36 So often we field questions (on this website and in our practice) about whether people need to consult a lawyer. Unsurprisingly, perhaps, there is a terrific resistance to seeking legal advice. We lawyers don’t always help — our fees can be substantial, and unpredictable. We speak a language…
JUNE 15, 2015 VOLUME 22 NUMBER 22 “I don’t want anything complicated,” said our new client. “I just want a simple will.” For almost four decades, we’ve been waiting for the client who wants a complicated will. We’re still waiting. We hear the “I only want a simple will” request often. What clients really mean,…