Guardianship Not Required With Power of Attorney in Place
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? […]
Organ Donors Need to Address Some Choices
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 […]
Durable Powers of Attorney: “Springing” or “Surviving”?
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 […]
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 […]
Dad (Mom), We Need to Talk
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 […]
Management of Risk in Guardianship and Powers of Attorney
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 […]
When You Need to Talk With a Lawyer
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 […]
The Myth of the Simple Will
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, […]
The Patient Self Determination Act and Trends in Advance Directives
MAY 4, 2015 VOLUME 22 NUMBER 17 Last month the U.S. Government Accountability Office released a short report on the use of advance directives in hospitals, nursing homes and other health care facilities. The report, requested by members of the Senate Committee on Commerce, Science, and Transportation, addressed the experience with health care powers of […]
Health Care Directives — Advice for Snowbirds and Travelers
APRIL 20, 2015 VOLUME 22 NUMBER 15 Arizona weather is beautiful, especially this time of year. We do have our weather challenges — for most of the state, that means the summer months — but there is no doubt that Arizona is attractive to visitors from more northern climes during the fall, winter and spring. […]