Planning for Life

What to Do About Dueling Powers of Attorney

Posted by Harry S. Margolis on September 22, 2011

By Harry S. Margolis

My client acts as agent for her father under a longstanding durable power of attorney.  Unfortunately, tensions are developing between her and her brother who has been consulting with other attorneys about asking their father to execute a new durable power of attorney appointing him.iStock-637904234.jpg

My client wants to know how we can stop this from happening and why the doctor's declaration that their father is no longer competent isn't sufficient.

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Topics: guardianship, family dispute, Estate Planning

Does a Health Care Proxy Trump Guardianship

Posted by Harry S. Margolis on August 12, 2011

By Harry S. Margolis

We had an inquiry from a nursing home about whether a guardian needed court approval to move a nursing home resident to another facility when she also had a health care proxy.

Under the Massachusetts guardianship law, guardians must first seek court approval before placing the protected person in a nursing home. However, agents under health care proxies have the right to make health care decisions for individuals and, presumably, this would include placement in a nursing home.

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Topics: guardianship, nursing homes

Why Estate Planning is More Interesting Than Ever

Posted by Harry S. Margolis on June 28, 2011

By Harry S. Margolis

An article in The New York Times exemplifies the changes in families that has made estate planning both more complicated and more interesting than ever before. While the traditional Ozzie and Harriet family may have been less prevalent than portrayed in the 50s and 60s. the model no longer applies to most families today.  The Times article describes a single mom of an 18-month-old boy whose sperm donor is a close, gay friend in a long-term relationship with another man.

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Topics: Estate Planning, guardianship

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