Litigation | Chalgian & Tripp

The debate is over. Guardians of adults (but not guardians appointed for persons with developmental disabilities), have authority to sign “do not resuscitate orders” (often...

The concept of “vulnerable adults” became popular among the general public only a few years ago. Prior to that it was an expression one might hear used among that small...

As an elder law and estate planning attorney, helping clients understand options and make informed decisions is rewarding. But the decisions they have to make are often difficult, regardless of any advice I can provide.

It’s over – at least for now. The Mortimore case. This is a case I have spoken and written about quite a bit for the past year. Common facts: Older gentleman. His wife...

Overcoming the urge to do something about long term care

Getting old is scary. Friends and loved ones are dead and dying. Your body has declined. Your mind may be failing. What seemed like a nice nest egg now seems inadequate. As we age, we worry and wonder…

As our clients age, and as the population of persons with cognitive impairments expands, the importance of the financial power of attorney is elevated. This reality is reflected by…

I realized the other day there are a handful of things I never tire of watching. One of those is probate court proceedings. Admittedly I watch probate court proceedings in...

Here’s another balance that’s hard to strike – and hard to help clients understand and decide. Typical example: Husband and wife have been married 50 years. They are both...

Is Your "Living Trust" Alive, or Barely Breathing?

I often tell clients that estate planning is about two things: (1) What happens to your stuff when you die; and (2) who can make decisions for you if you are alive and can’t make decisions for yourself…

There’s a case I read a couple years ago that bothers me and that I’ve been wanting to comment on it since. It is an unpublished decision in which the trial court held that...

You’ve got to love William Shakespeare, the ultimate Renaissance man offered insight into pretty much every aspect of the human condition. Estate Planning is no different. ...

It is a curious reality of probate litigation that the qualities common to people who create wealth are also qualities of people who create family dysfunction. What I see is that...

Family conflicts have historically been the province of family law or divorce court. Now those same issues have become the meat and potatoes of the elder law practitioner and are...

Within a couple weeks of oral arguments, we received a published opinion in the General Perry terror clause case that has been discussed in this blog before (really fast...

I had the most amazing client interview the other day. A retired attorney in a lockdown unit at an assisted living facility, placed there by his family and against his will. ...

Category: Litigation

Guardianship End of Life Authority Clarified

Advocacy in the Era of Vulnerable Adults

Two Stories About Aging

Rebutting Presumption of Undue Influence

Overcoming the Urge to “Do Something” About Long-term Care

New Power of Attorney Law Challenges Planners

Striking the Balance Between Dignity and Safety of Vulnerable Adults

Striking the Balance of Financial Integrity and Quality of Care for the Spouse

Is Your “Living Trust” Alive, or Barely Breathing?

Why the Lucid Moment Needs to End

Everything I Know About Estate Planning I Learned From Shakespeare

Family Dysfunction Part V: The Wake of the High Achiever

Adult Guardianship: The New Divorce

General Perry’s Terror Clause: Final Chapter (I think)

The End of Life Tar Pit