A big frustration in an estate planning practice involves powers of attorney and getting banks to recognize them. Powers of attorney are important because they are an alternative to a conservatorship and are very helpful in other situations as well. I recommend that...
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Month: March 2024
Love and Marriage and Conservatorship – The Interplay of Conservatorship and the Right to Marry
A conservatee’s ability to get married (or enter into a domestic partnership) is a popular topic that I have discussed with clients on several occasions. It was also an issue in Brittany Spears’ conservatorship. A marriage (or domestic partnership) is a contractual...
Why a Conservatorship May Still Be Necessary When There are Estate Planning Documents
Most of the conservatorships I handle involve an incapacitated person who never executed estate planning documents. But I have a few conservatorship matters where the conservatee had executed a power of attorney, an advance health care directive, or a trust....
My Stepsibling is Now My Sibling When it Comes to Splitting My Parent’s Assets?
The ability for a non-biological “child” to inherit through intestate succession just got easier after two new cases - Estate of Martino (D080846, filed October 18, 2023, Fourth District, Div. One) and Wehsener v. Jerigan (2022) 86 Cal.App.5th. The Martino case...