The term “estate plan” usually invokes thoughts of death and money. Most often people seek out an estate planning attorney to draft complex instructions for how their money will be handled after death. Clients spend hours thinking about how much money will go to...
Guardianship
Building a World Class Guardianship System Part 3: Improving Quality
In this blog series, I am discussing the need for a better guardianship system in Indiana. In the first installment, I introduced the idea of the three-legged guardianship stool of access, quality, and accountability. In my last blog post I discussed ways to increase...
Building a World Class Guardianship System Part 2: Improving Access
If Hoosiers want to see a world class guardianship system for our state – one that respects the legal rights of incapacitated persons, not to mention other family members; one that makes quality guardianship services available to those that need it; and one that has...
Building a World Class Guardianship System: Part 1
Guardianship is receiving national attention following the wake of the movie I Care A Lot (2020) and coverage of Britney Spears’ guardianship. A Hollywood movie and press coverage of one unique guardianship case is not necessarily prescriptive of the problems with...
Temporary Guardianships in Indiana
Temporary guardianships are designed to address true emergency situations. Yet, they are over-used and misused. Let’s take a look at the law surrounding temporary guardianships to gain a better understanding of when and how they should be used. Background Indiana...
Transactional versus relational estate planning
The concept of “estate planning” has evolved dramatically over the last half-century, in tandem with the dramatic evolution in health care (and long-term care in particular) during that same time. Whereas before estate planning was focused almost entirely on the...
Tips for filing taxes as a guardian or power of attorney.
Tax season is just around the corner and with it come feelings of panic, dread, and procrastination. Now, imagine not only doing your own taxes, but taxes for someone else. Guardians and agents serving under a power of attorney often have to file taxes on behalf of a...
Advocating for nursing home residents during COVID
Long-term facility care is difficult to manage even without COVID in the mix. Indiana has no minimum staffing laws, state standards are not set at a high bar, there are unforeseen differences among buildings though all are licensed the same way and many...
Letters and Orders and Banks, Oh My!
A guardian’s authority comes in the form of a single page called the “Letters of Guardianship.” This lone document gives the guardian all the authority he or she needs in order to carry out his or her duties as guardian. But does it really? Anyone who has done any...
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