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

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…

Read More

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

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…

Read More

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

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…

Read More

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

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…

Read More

Unexpected Owner Incapacity: Ensuring Small Business Continuity Through Strategic Planning

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…

Read More

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

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,…

Read More