Topic
Conservatorships
204 published works
Wills, Trusts & Estates Prof Blog
Appointing a Conservator
We often hear about estate-planning proceedings dealing with probates and guardianships, but what about conservatorships? A conservatorship is available to deal with the property of an absentee or to address…
Family
Transgender parenting — Non-biological psychological parent denied standing to sue for paternity, conservatorship, and possession
The San Antonio court of appeals recently decided a case about transgender parenting, including paternity, conservatorship and possession. In re N.I.V.S., 2015 WL 1120913 (Tex. App. – San Antonio 2015,…
Trust on Trial
“Stronger” Now – California Conservatorships Can Provide a Helping Hand to Young Adults
By David Cannon
Guest author Karina Stanhope, a Downey Brand associate, contributes today’s post. A recent New York Times article shined new light on Britney Spears’ conservatorship. Well known for her instant rise…
Wills, Trusts & Estates Prof Blog
Is Britney Spears The World’s Most Famous Ward?
Britney Spears is one of the handful of celebrities that managed to survive a public breakdown. In 2008 her life had become what could charitably be called a public catastrophe…
Elder Law Prof Blog
The “Unbefriended” Need Trustworthy Representatives, including Rep Payees
Someone asked me recently about "alternatives" for law students interested in helping older persons or disabled adults. I said, in essence, "figure out how to start and operate a…
Elder Law Prof Blog
Accountability in Guardianship & Conservator Cases: Latest from Nevada
Under most state laws governing guardians and conservators, appointed fiduciaries are required to make reports to the court at regular intervals, usually beginning with the initial inventory of the ward's…
Wills, Trusts & Estates Prof Blog
Important Distinctions Between A Conservatorship And Guardianship
A conservatorship and guardianship both involve decision-making power, but one typically deals with finances while the other deals with health-related affairs. Conservatorships and guardianships come into play when a person…
Wills, Trusts & Estates Prof Blog
Article On Durable Power Of Attorney In Iowa
Alexis Rowe (Drake University School of Law) recently published an article entitled, Overseeing durable power of attorney in Iowa: discouraging abuse, honoring principals, 63 Drake L. Rev. 1201-1228 (2015). Provided…
Elder Law Prof Blog
More on Opposition to Misuse of Conservatorships & Guardianships
As I reported frequently in 2015, in several jurisdictions around the U.S., family members are organizing to challenge abusive guardianships or conservatorships and to seek better accountability from court systems.…
Wills, Trusts & Estates Prof Blog
Court Holds That Medical Evidence Is Not Required For The Appointment Of A Conservator
A recent Colorado Court of Appeals decision has held that a son did not need to provide medical evidence to prove by clear and convincing evidence that his father was…