More Definitions for Estate Planning Terms
FEBRUARY 10, 2014 VOLUME 21 NUMBER 6 Last week we gave you short definitions of some common estate planning terms, like “will” (and “pourover will”), “trust” (including both “living” and “testamentary” trust), “grantor trust” and more. This week we want to continue that project with another batch of common terms: Durable power of attorney — […]
Upon Death of a Loved One, Some Things to Address
APRIL 8, 2013 VOLUME 20 NUMBER 14 More than three years ago we wrote about what you need to do when a family member dies. Our focus was on the immediate things that need to be dealt with: securing the house, taking care of pets, forwarding the mail. We thought we would get back to […]
Can a Person with Dementia Sign Legal Documents? (Part 2)
MARCH 4, 2013 VOLUME 20 NUMBER 9 Last week we posed the question, and then mostly wrote about competence (or capacity) to sign a will. We promised to explain more about the level of competence required to sign other documents. So let us now tackle that concept. A person with a diagnosis of dementia may […]
Some Thoughts About Guardianship and Conservatorship in Arizona
NOVEMBER 14, 2011 VOLUME 18 NUMBER 39 Let’s talk about guardianship and conservatorship proceedings. Before we do, though, let’s remember a couple of important principles: We only know about Arizona guardianship or conservatorship. Well, OK — we might know a thing or two about other states’ rules and procedures — but we only practice in […]
How To Revoke Your Revocable Living Trust, Will or Power of Attorney
AUGUST 8, 2011 VOLUME 18 NUMBER 29 Last March we told you a good story about revocation of a living trust, though we cautioned you not to use the same method. A year before that we told you about another colorful character and how he revoked his will. Both of those court cases made us […]
The Difference Between Powers of Attorney and Guardianship
JULY 18, 2011 VOLUME 18 NUMBER 26 “Elder law” (what we practice here at Fleming & Curti, PLC) can be a fairly broad practice area. We work in estate planning, long-term care planning, guardianship and conservatorship, trust administration and probate — and each of those areas encompasses a number of other topics as well. But […]
Attorney Disciplined for Advice to Ignore POA Limitations
JANUARY 3, 2011 VOLUME 18 NUMBER 1 Lawyers, of course, grapple with ethical issues constantly. Elder law attorneys see particular ethical issues recur frequently. Sometimes the lawyer’s eagerness to accomplish the client’s wishes can cloud the lawyer’s ethical judgment. Sometimes the lawyer’s fascination with what might be done can even gallop ahead of the client’s […]
Agents Under Power of Attorney Justify $20 Million in Expenditures
OCTOBER 11, 2010 VOLUME 17 NUMBER 32 Imagine this: you have a long-standing history of philanthropy and community involvement. You have substantial assets and you feel that you should use some of them to enrich the community where you live, where you made your fortune, and where your children were raised. Your spouse agrees with […]
Trust Created by Spouse Using Power of Attorney is Validated
JUNE 14 , 2010 VOLUME 17, NUMBER 19 Suppose for a moment that you are trying to get your financial affairs in order. You have been married for many years, and your spouse is gradually losing the capacity to make financial or planning decisions. You are pretty sure you know what your spouse would want, […]
Durable Powers of Attorney Are Important But Dangerous
APRIL 26, 2010 VOLUME 17, NUMBER 14 A power of attorney is one of the most important, powerful and dangerous documents you will ever sign. Why is it important? Because your family has no inherent right or power to handle your finances in the event that you become incapacitated. Why is it dangerous? Because it […]
Video by Exploiters Leads to Witness Tampering Conviction
DECEMBER 21 , 2009 VOLUME 16, NUMBER 65 Washington State resident Shirley Crawford, then age 80, had a difficult problem to deal with. She had fallen in 2001 and was hospitalized. Her only child, Anne, was severely mentally disabled and lived in Ms. Crawford’s home. Ms. Crawford needed someone to help her with management of […]
