Power of Attorney – Legal News Feed

Bloomberg Law

ABA Urges Lawyers to Limit Guardianships, Advocating for Individual Autonomy and Less Restrictive Alternatives

Pieter Gunst4 weeks ago03 mins

The American Bar Association (ABA) recently advised legal practitioners to minimize the use of guardianships whenever feasible, highlighting significant concerns regarding personal freedoms and autonomy. Guardianships, while sometimes necessary, can significantly impinge on an individual’s independence and result in lasting ramifications on their basic rights. The ABA’s stance is particularly relevant in light of increasing…

Jurist

Legal Tensions Rise as Arrest of Imran Khan’s Lawyer Spurs Debate in Pakistan

Pieter Gunst2 years ago03 mins

Faisal Chaudry, the legal representative for former Pakistan Prime Minister Imran Khan, was arrested recently following a verbal altercation with a jail officer. This incident took place at Adiala Jail, where Khan has been detained for over a year. Media reports detail that during a visit intended to facilitate Khan’s signing of his power of…

JDSupra

Understanding Incapacitation in Elder Law and Estate Planning: Safeguarding Rights and Welfare

Pieter Gunst3 years ago03 mins

As industries specializing in elder law and estate planning continue to grow, an important term that often comes up is “incapacitated.” This term holds significant meaning in the legal sphere and shapes the strategies used to address the multifaceted challenges associated with aging. Incapacity, in legal terms, refers to someone who is unable to make…

JDSupra

Sandwich Generation Roadmap: Legal Steps for Caregivers Balancing Aging Parents and Growing Children

Pieter Gunst3 years ago03 mins

Thriving in the “sandwich generation” is a multilayered, complex task. The phrase usually refers not to a generation born at a specific time, but to a group of family caregivers typically in their 30s and 40s who are caught between the needs of their growing children and aging parents. This delicate balancing act often brings…

JDSupra

Michigan’s Uniform Power of Attorney Act: Implications for Legal Professionals and Businesses

Pieter Gunst3 years ago02 mins

On November 7, 2023, Michigan’s Governor Gretchen Whitmer passed into law House Bill 4644, enacting the Uniform Power of Attorney Act (UPOAA). The enactment of this much-anticipated legislation is marked to take effect from July 1, 2024. Reflecting on the significance of this new law, it is important for legal professionals to familiarize themselves with…

JDSupra

Tennessee Supreme Court Ruling Shines Light on Legal Capacity and Extrinsic Evidence in Power of Attorney Cases

Pieter Gunst3 years ago03 mins

In a noteworthy development, the Supreme Court of Tennessee has given the nod to a trial court’s decision to consider extrinsic evidence in a dispute examining the capacity of an individual with Down syndrome to execute a durable power of attorney. This power of attorney was subsequently utilized by the person’s brother to sign an…

JDSupra

Guardianship vs. Power of Attorney: Understanding Key Differences and Choosing Wisely for Elders

Pieter Gunst3 years ago03 mins

You may find yourself considering whether a guardianship or power of attorney suits your needs better as you or your relatives age and assistance managing finances, healthcare and other daily tasks becomes necessary. Understanding what the best arrangement for your circumstance can often be challenging, and it is important to become familiar with the key…

JDSupra

Unexpected Owner Incapacity: Ensuring Small Business Continuity Through Strategic Planning

Pieter Gunst3 years ago03 mins

Running a successful business requires meticulous planning. It’s a common understanding among legal professionals, but it becomes especially crucial in the face of potential business disruptions resulting from the unexpected illness or incapacity of an owner. Statistically, the widespread lack of succession planning is alarming: According to a 2021 report, there are around 32 million…

JDSupra

Estate Planning Essentials for College Students: Safeguarding Their Futures

Pieter Gunst3 years ago03 mins

As students across the nation head off to college, the focus is usually on packing, scheduling classes, and setting up their dorm rooms. What many people may not realize, however, is that once these young adults turn 18, their parents no longer have the automatic right to manage their financial affairs or make health care…

JDSupra

Essential Legal Documents for Parents of College-Aged Children: Navigating Adult Transitions

Pieter Gunst3 years ago03 mins

There’s a popular belief that parenting duties end when a child turns 18. Legally, a parent’s abilities to make medical and financial decisions for their progeny end at this pivotal point, granted their child has not specifically provided written consent to allow otherwise. This impediment extends to limiting parents’ legal access to their children’s educational,…

JDSupra

Court Reaffirms Fiduciary Duties and Power of Attorney Revocation in Guardianship Dispute Case

Pieter Gunst3 years ago02 mins

In a recent case, a court upheld an order to revoke the Power of Attorney (POA) from an individual due to breaches of fiduciary duty. A situation that legal professionals, especially those working within large corporations and law firms, should note as a precedent. The case in question, In re Guardianship of Delp, involved a…

Other

Estate Planning Essentials for College-Bound Students: Safeguarding Their Future

Pieter Gunst3 years ago03 mins

As we approach the start of a new academic year, many parents of recent high school graduates find themselves overwhelmed with the preparations for sending their child off to college. Often, these preparations are focused on gathering dorm room essentials and emotionally coping with the temporary loss of a household member. However, another crucial aspect…