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 […]
Developmentally Disabled Man Dies Before Court Decides His Fate
AUGUST 16, 1999 VOLUME 7, NUMBER 7 Though once viewed as slightly out of the mainstream of American thought, the “right-to-die” movement has become widely accepted today. Few would argue with the notion that a competent patient has the right to refuse life-sustaining treatment, even when the medical community collectively believes that the treatment should […]
Generic Living Will May Not Prevent Life-Sustaining Care
JULY 5, 1999 VOLUME 7, NUMBER 1 In nearly every state, living wills and health care powers of attorney can effectively declare a patient’s wishes regarding medical treatment and authorize an agent to carry out those wishes. In some states, the two kinds of documents may be combined into a single form, and they may […]
Guardians Given Power To Seek Mental Health Care For Wards
MAY 10, 1999 VOLUME 6, NUMBER 45 Like many states, Arizona has long recognized two different kinds of guardianship. Most incapacitated wards have a guardian appointed pursuant to the Arizona version of the Uniform Probate Code, which is contained in Title 14 of the Arizona statutes. One of the principal limitations of the usual guardianship […]
Will Contest Loses, But Friends Not Charged With Legal Fees
MARCH 8, 1999 VOLUME 6, NUMBER 36 Lavina Kessler was 99 years old when she died in 1996. The Washington State woman left an estate of $2.4 million, including several parcels of valuable real estate. She also left a series of five wills and an expensive will contest proceeding. Ms. Kessler had known Frances and […]
