In everyday conversation, the word “guardian” could have many meanings. But in elder law, and in probate court, the term is used more precisely. It means someone who is appointed by the court to make decisions about the care needs of someone who is unable to make decisions for themselves.
I litigate cases involving exploitation of older adults. Early in my career, I was in court on a particularly difficult case. A highly respected scholar, professor, author and researcher had dementia. He was old and he was angry, battling everyone and everything that was being done to protect him, although he very much needed protection.
The way I see it, people often struggle to find the right lawyer for their cases. Over the years, I have been involved in many cases in which more than one party is represented by an attorney. Not infrequently, I look across the table and wonder how this person ended up with that lawyer. Often what I learn is that…
One of the more frequent conversations I have with clients these days comes up with people who are considering starting a lawsuit. Because of the nature of my practice, the type of lawsuit we are discussing would typically involve things such as: contests about…
When asked about an estate plan, clients often say: “We’re all set, we have a living trust.” And that’s good. Often having a living trust (a.k.a. revocable trust) suggests that (more…)
Clients who meet with me about elderly family members who are being, or have been, financially exploited are often surprised when, shortly into telling me their story, I can take over and fill in the details. It happens a lot these days. The clients say: “I guess you’ve been doing this a while,” or, “I guess our…