This manuscript includes a comprehensive overview of important developments in guardianship processes that impact your estate planning and elder law practice.
It discusses case law involving guardianship proceedings, petitioning for and defending against an adjudication of incompetency, common mishaps in dealing with the management of guardianship estates, the intersection of guardianships and estate planning, ethical concerns for the estate planning and elder law attorney, and more.
A practical review of developments impacting your estate planning and elder law practice is also included.
- Developments in federal and state guardianship law
- Practical tips on preparing and adjudicating incompetency and appointing a guardian
- Practical tips on preparing and defending against a restoration to competency case and the best practices for complying with the relevant Rules of Professional Conduct
- Preparing for certain governmental benefits, such as Medicaid or veteran’s benefits, through estate planning with an established guardian
- Ethics overview and pitfalls of guardianships
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