This estate planning workshop will focus on preparing Wills for clients with challenging or interesting family dynamics. As the world has evolved and become more inclusive and fluid, so has the definition of “family” for many people. Therefore, drafting estate planning instruments for clients whose definition of family is one that is fluid and inclusive, or exclusive, is more important than ever. Estate planning attorneys have traditionally been accustomed to drafting provisions that exclude family members but doing so without caution may invite a successful probate challenge or worse. In this interactive workshop participants will learn: 1. Drafting for clients with chosen family, though their biological family members are alive, and no adoption ever took place 2. How to design provisions, including but not limited to guardianship, for Lawful Permanent Residents with primarily non-U.S. family but U.S. children 3. Crafting provisions that address disproportionate gifting and assist in avoiding probate and probate challenges
You filed the petition, presented the medical report and got the guardian appointed. So, what’s next? The best way to make sure that things go smoothly in court for the duration of the guardianship is to do a good job educating the guardian. If the guardian understands the budgeting process, basic accounting principles and the role of the court, things are likely to go well. If they don’t, you can expect to be over budget and trying to explain how things went wrong to the judge. This presentation will review some common misunderstandings that guardians have about the process and discuss strategies to help the guardian stay on track.
This session will explore key provisions of the Adult Guardianship pleading forms for multiple counties and provide tips on how to present the most persuasive case on paper. Suggested Court Orders will be discussed, including various findings that should be included in an Order when a guardian is appointed. We will also provide pointers for practitioners when serving as counsel for non-appointed parties, specifically in relation to Orders entered in the guardianship proceedings.
Litigation over whether a decision-maker is needed (and the identity of that decision-maker) raises serious and complicated issues of intent, degrees of capacity, familial connections, and abuse or neglect, as well as care and financial planning. Each co-presenter has decades of experience resolving these issues both in and out of courtrooms – both aligned and opposed to each other - and will share their views of the applicable law, including tips and strategies on moving forward through this morass of complications and competing interests.