Nursing Home Resident’s Lawyer Did Nothing Wrong
FEBRUARY 23, 2015 VOLUME 22 NUMBER 8 From time to time we report on cases in which lawyers are disciplined for behavior involving clients who are older or have disabilities. We do that not out of any sense of schadenfreude, but because the behavior described in the disciplinary proceeding is illustrative of an important limitation […]
Home Refinance Can Foul Up Estate Planning
MAY 19, 2014 VOLUME 21 NUMBER 18 When our clients consider creating a revocable living trust, we usually explain that there are several benefits to that estate planning device. Chief among those benefits for most people: avoidance of probate on the death of the client. For married couples, there is usually no probate required on […]
Fiduciary Duty Not Breached In Limited Conservatorship Case
JANUARY 26, 2004 VOLUME 11, NUMBER 30 When the courts appoint a guardian or conservator to handle an individual’s personal and/or financial affairs, the subject of those proceedings loses virtually all of his or her autonomy and independence. At least that’s the way things have worked for centuries. In recent years, however, the guardianship system […]
