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Drafting an Estate Plan for those with Multiple Sclerosis and Parkinsons

Posted on | April 30, 2010 | No Comments

In “Psychological and Emotional Impact of Chronic Illness on Estate Planning: Case Study Comparing and Contrasting Multiple Sclerosis and Parkinson’s Disease,” Kalb et al disclose the attendant problems with planning for those with MS or PD. They also discuss that “[a]ttorneys need to be alert for the possibility that family members or caregivers might take advantage of an MS or PD client.” They give a few key tips that were highlighted in Prof. Beyer’s blog:

* Planning shorter meetings
* Planning for the effects the illness has had on the client’s ability to write
* Recognizing that family members may be exerting undue influence on the client
* Helping the client come to terms with the need for estate planning
* Addressing special estate planning issues that might arise as the client’s illness progresses
* Paying attention to how a client’s religious beliefs impact planning

Thanks to Prof. Beyer for bringing this article to my attention.

Category: Trust and Estate Litigation
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Professional Conservator Denied License In Response to Abuse

Posted on | June 30, 2009 | No Comments

In 2005, an inflammatory series of articles was published in the Los Angeles Times (as reported earlier on this blog, here).  The articles named Melodie Jo Scott as having improperly allowed Sarah Kerley (who was then married to Scott’s brother) to live without paying rent in a conservatee’s house for months. She also allegedly spent $200,000 of another client’s money on appliances and items that were not needed by another client.  In response, the State of California instituted licensing requirements via its Professional Fiduciaries Bureau.  In both cases she was essentially forced to step down, but on her license application she failed to disclose those cases to the board. The board refused to grant her a license based upon that omission in her application. A grand jury is currently investigating her previous cases. To learn more information about California conservatorships, click here.

Category: Conservatorships
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