Claimant In Will Contest Not Entitled To Trial By Jury
NOVEMBER 26, 2001 VOLUME 9, NUMBER 22 Alaskan Lillie M. Rahm was in her early nineties when she first met handyman Robert Riddell, then in his mid-sixties. Their friendship grew quickly, and Mr. Riddell moved in with Ms. Rahm within a few months. Two years later friends and relatives instituted legal proceedings that lasted well […]
Power of Attorney Does Not Always Avoid Conservatorship
AUGUST 27, 2001 VOLUME 9, NUMBER 9 Like many seniors, Robert Anderson signed a financial power of attorney, giving his daughter and son-in-law power to manage his financial affairs. He may have understood that the power of attorney would avoid the necessity of court proceedings to appoint a conservator if he became incapacitated. Having a […]
Heir Sues Agent For Adding Beneficiaries To Bank Accounts
JULY 23, 2001 VOLUME 9, NUMBER 4 Fae Powell had given her nephew Jackie Powell a power of attorney so that he could handle her financial affairs. Mr. Powell used that power of attorney to change over $600,000 worth of bank CDs into “payable on death” status, naming himself and other nephews and nieces as […]
Patient’s Right To Refuse Blood Upheld, Though Posthumously
MARCH 5, 2001 VOLUME 8, NUMBER 36 Maria Isabel Duran was a devout Jehovah’s Witness. The 34-year-old New York woman believed, along with most members of her faith, that the Bible prohibits transfusions of blood or blood products, even when life is threatened. Ms. Duran also needed a liver transplant operation. Her faith does not […]
Unlike Arizona, Oregon Power of Attorney Effective for Gifts
NOVEMBER 13, 2000 VOLUME 8, NUMBER 20 Suzanne C. Pruitt died in 1994 from complications related to her Alzheimer’s disease. At the time of her death her estate was worth over $1.4 million. The IRS argued that it should have been $120,000 more than that, and that the estate should pay just under $50,000 more […]
Court Invalidates “Power of Appointment” In Home Deed
MAY 22, 2000 VOLUME 7, NUMBER 47 Lucille Lucareli had three sons: Les Lee, Leigh and Robert. She owned her home in Racine, Wisconsin, and not much else. In 1996 she gave her son Les Lee a durable financial power of attorney, and she also took some steps to plan for the possibility that she […]
“Wrongful Prolongation of Life” Suit Dismissed In Indiana
MAY 1, 2000 VOLUME 7, NUMBER 44 It has taken three decades to establish, but the notion of patient self-determination is now firmly entrenched in American law. A patient has the right to instruct that life-sustaining medical care be withheld or removed. To protect against future treatment, an individual can execute a living will and/or […]
Trial Court Must Decide If Deed Obtained By Undue Influence
MARCH 13, 2000 VOLUME 7, NUMBER 37 “Undue influence” is usually thought of in connection with provisions in a will. It can also be cited in attempts to set aside transfers made during life, as a recent North Carolina case illustrates. In early 1996 Irene J. Stephenson signed a deed conveying her home and sixteen […]
Despite Dementia Diagnosis, Wyoming Man’s Will Is Valid
FEBRUARY 7, 2000 VOLUME 7, NUMBER 32 Two years before Erwin W. Schlueter died in 1997 at age 85, he had completed his estate planning. He had signed a will, a durable power of attorney for financial matters and a durable power of attorney for health care. When his relatives contested the validity of the […]
Bank Is Not Liable For Alleged Mismanagement Of Account
DECEMBER 6, 1999 VOLUME 7, NUMBER 23 In 1998, Gertrude Hoener signed a bank card giving Ronald Hoener power of attorney over her accounts at People’s Bank of Pratt, Kansas. By the time she died in 1995, he had written checks to himself for $140,000 and had liquidated over $250,000 in certificates of deposit held […]
Failure To Plan May Result In Court Naming Surrogates
AUGUST 30, 1999 VOLUME 7, NUMBER 9 When an adult becomes incapable of handling his or her own personal and financial affairs, someone must step forward and pay bills, make medical decisions and handle a host of daily decisions. Court proceedings, agency investigations and the plans made by the adult before becoming incapacitated will all […]
Insurance Saleswoman Unduly Influences Wisconsin Man
AUGUST 23, 1999 VOLUME 7, NUMBER 8 Vanessa Henningfeld first met 71-year-old George Milas when she visited his Wisconsin home to sell him a long-term care insurance policy. The two of them quickly became friends. Mr. Milas had a number of problems to deal with. He had a heavy Lithuanian accent that made it hard […]