POA & Guardianship
End-of-Life Decisions: What to Consider and Why it’s Important
While it can seem morbid, making end-of-life decisions is important to both your estate and your loved ones. There is a lot to consider, which can be overwhelming. For that reason, we have broken some of this information down for you.
While not everything will be applicable to every situation, much of it will. Keep reading to learn more.
https://vimeo.com/1028564953?loop=0 What are End-of-Life Decisions?End-of-Life decisions are decisions to be made as you approach the end of your life such as medical intervention, estate planning,...
Read More....A Properly Executed Will: Lessons from Aretha Franklin’s Estate Battle
Aretha Franklin’s estate battle teaches us lessons about a properly executed will. The recent jury verdict in the case of Aretha Franklin’s estate has shed light on the significance of having a properly executed will and the consequences of failing to do so. The legal issue surrounding her handwritten documents found in her couch after her death is a valuable lesson about the importance of a properly executed will.
Aretha Franklin, a global music star known for her iconic hits, passed away in 2018 at 76 without leaving behind...
Read More....New Jersey Guardianship Application Process – General Overview
Filling out a guardianship application process in New Jersey may become necessary once a loved one becomes unable to care for themselves or manage their own affairs due to illness or advanced age. These situations show the importance of proper estate planning, including the need for a power of attorney. The reason for this is that once a person becomes mentally incapacitated, they can no longer execute a power of attorney. However, New Jersey law provides the ability for an individual to become the legal guardian of an incapacitated ...
Read More....When is a Guardianship or a Power of Attorney Appropriate?
Power of attorney and guardianships are two legal tools whereby one person helps or makes legal decisions for another. In both scenarios, an individual is appointed to make legal decisions on another’s behalf.
While they function similarly, these tools have distinct differences that are important to understand.
https://vimeo.com/1028565104?loop=0What is Guardianship?
A guardianship is when one person is appointed by the Court to make decisions on behalf of someone else who is legally incapacitated. The guardian can generally...
Read More....What Are Your Rights as a Trust Beneficiary?
As a trust beneficiary, it is important to understand your specific rights in order to protect your interest in trust assets.
What is a Trust and a Trust Beneficiary?
To understand trust beneficiary rights, we must first understand what constitutes a trust beneficiary. A trust beneficiary is someone who receives assets, whether it be money or property, through a trust. The person who sets up the trust is the grantor, who then gives control of the trust to a trustee. The trustee holds legal title to the assets on behalf of the beneficiary...
Read More....An Overview of Minor Trusts in New Jersey
Minor trusts can be helpful in terms of distributing designated assets to an individual on your terms. If you are the parent, guardian or relative of a child and want to ensure their future is financially secure, you might consider looking into minor trusts. They can provide financial stability as a minor child reaches adulthood and in the years that follow. To learn more about minor trusts and how to approach creating one, keep reading.
What is a Minor Trust? A minor trust, as the name suggests, is a trust in which the beneficiary is under...
Read More....Drafting a Power of Attorney in New Jersey
Drafting a power of attorney (“POA”) is an important step in the estate planning process. However, there are some important factors and choices to make when you are drafting a Power of Attorney document. It is best to know all of your options and to talk to an attorney before you make any final decisions.
What is a Power of Attorney?
A POA is a legal document that allows another person to make decisions and act on your behalf. Those decisions or actions could be legal, financial, or medical in nature depending on the type of POA you execute. ...
Read More....When is a Guardianship in New Jersey Necessary?
Guardianship in New Jersey is a legal service Ward Shindle & Hall Attorneys excel at, guardianship over a loved one may be considered in a number of circumstances. Although it can be a necessary tool and a way to provide care to someone who needs it, guardianship should be considered as a last resort. In most cases, the initiation of a guardianship action removes an individual’s rights to make their own decisions and to be independent. However, there are a few instances where guardianship is deemed necessary.
What is Guardianship?...
Read More....NJ Updates Guardianship Rules to Provide Better Protections for the Incapacitated Person
NJ recently updated the guardianship rules to Provide Better Protections for the Incapacitated Person. With the social commentary surrounding the #FreeBritney movement and the award-winning Netflix film, I Care a Lot, starring Golden Globe winner, Rosamund Pike, guardianships and conservatorships are publicly discussed now more than ever. The Britney Spears case in particular has shined a light on the role of a guardian or conservator and heightened the community awareness of the importance of the roles.
Recently, the New ...
Read More....#FreeBritney – Star’s Legal Battle Shines Spotlight on Conservatorship Law
The #FreeBritney movement is one started by fans of pop-star Britney Spears to support her in efforts to end a Conservatorship Law over her assets. Her conservatorship stems in part from a series of very public breakdowns suffered by the singer in 2007 & 2008. Fans have indicated their support for the conservatorship to end, thereby returning control of the assets to Britney.
Conservatorships are generally established when an individual is found by a Court to be unable to manage their own affairs. The Court appoints an individual...
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