Guardianship

Lord & Lindley - Lawyers in Charlotte NC

The Holidays: a Perfect Time to Consider, and Prevent, Elder Abuse, Part 1

November 24, 2020

Financial abuse of elder Americans is considered by some to be “the crime of the century” since it amounts to as much as $30 billion per year in losses and, statistically, few culprits are ever held accountable.  One study found 37% of seniors are affected by abuse over any five-year period, which can result in…

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Chadwick Boseman, Star Of Black Panther, Dies Without a Will—who’s Entitled to His Estate?

October 21, 2020

Chadwick Boseman, the actor behind Marvel Comic’s titular character in Black Panther, died earlier this year at the age of 43.  Doctors diagnosed Boseman with stage III colon cancer in 2016, and he battled it in secret as it progressed to a terminal, stage IV diagnosis.  Despite having four years to determine how to divide…

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While Banksy Believes “Copyright Is for Losers©™”, Court Rules Trademark Is Not for Him

September 29, 2020

If you’ve only seen one piece of artwork from the elusive British street artist Banksy, there’s a good chance it is “Flower Thrower”.  Originally appearing on a West Bank, Bethlehem wall in 2005, Pest Control (the official entity that authenticates Banksy’s art) trademarked the image in 2014 without endeavoring to use it in commerce (as…

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CDC Announces National Eviction Moratorium Through End Of the Year for Those Who Cannot Afford Rent

September 11, 2020

Beginning September 4, 2020 and lasting through the end of the year, the Centers for Disease Control and Prevention (“CDC”) announced a national moratorium on evictions in response to the COVID-19 pandemic.  The moratorium is not automatic for all renters, however, and those eligible must sign and deliver to their landlords a declaration under penalty…

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Britney Spears Seeks Changes to Her Conservatorship

August 31, 2020

After public displays of her deteriorating mental health, including shaving her head and attacking a paparazzo’s car with an umbrella, a conservatorship was established for Britney Spears by her father, Jamie, in 2008.  Also, known as guardianship, a conservatorship is a legal construct by which someone can be appointed to manage a ward’s (in this…

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Human Lawyer Podcast: Trey Lindley

July 23, 2020

Trey Lindley was recently invited to participate in a podcast with The Human Lawyer. CLICK HERE to listen to his interview and learn more about Trey and our office! Happy listening!   Here is what The Human Lawyer has to say about the interview:  “Trey Lindley is a unicorn, a Charlotte native in a city…

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“Washington Squatters” Will Not Be the New Name Of the Football Franchise

July 16, 2020

Earlier this week, the Washington Redskins announced they would be retiring the team name, due in no small part to societal and corporate pressures that have been mounting for decades. While various fan groups and news outlets speculate and take polls regarding what the new name should be, others are entering the fray to do…

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Watch Your Step! the Pitfalls Of Serving As a Guardian, Trustee, Executor, or Attorney-in-fact

June 25, 2020

As reported by Charleston’s ABC News 4, a probate judge ruled Mayor John Tecklenburg wrongfully took money from an elderly woman for whom he cares, despite his claims it was done for her benefit and that he had no idea it was improper. Tecklenburg served as the conservator, or guardian, for Johnnie Wineglass, a 92…

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Clawing Back Assets: the Lesson Carole Baskins Taught the Tiger King and His Mother About Fraudulent Transfers

June 3, 2020

If you’ve seen the true crime documentary series “Tiger King: Murder, Mayhem and Madness”, you may recall Carole Baskins of Big Cat Rescue (“BCR”) sued Joseph Maldonado-Passage f/k/a Joe Schreibvogel a/k/a Joe Exotic in 2013 by for trademark infringement of the BCR logo.  That lawsuit resulted in a judgment of approximately $1 million. Unfortunately for…

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FTC Alert: Nursing Homes Cannot Claim Residents’ Stimulus Payments

May 21, 2020

The Federal Trade Commission issued a warning that nursing homes in several states are trying to require their Medicaid residents to sign over their stimulus checks.  However, according to the CARES Act, these payments are tax credits, and tax credits do not count as “resources” for the purposes of federal benefits programs like Medicaid. Individuals…

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