Guardianship
Conservatorships (in North Carolina they are known as guardianships) are meant to protect individuals who are unable to manage their own affairs, but the system is far from perfect. Over 1.3 million adults in the U.S. are under conservatorship, controlling a staggering $50 billion in assets. While these legal arrangements are often necessary for individuals…
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A recent high-profile case highlights the critical role conservatorships play in protecting individuals who are no longer capable of managing their affairs. According to a Forbes article, Forrest Preston, the 91-year-old founder of Life Care Centers of America (LCCA), lost control of his $3 billion nursing home empire after a Tennessee court deemed him mentally…
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Former host of the “Tonight Show” Jay Leno was granted conservatorship of his wife Mavis Leno’s estate on Tuesday. In a Los Angeles courtroom, the judge determined that the conservatorship would be “necessary and appropriate” for this case given that Mavis Leno has Alzheimer’s and experiences advanced dementia. According to the files released after the…
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An Orlando, Florida City Commissioner is accused of stealing hundreds of thousands of dollars from a 96-year-old woman. Orlando City Commissioner Regina Hill was arrested Thursday, March 28th, and is facing up to 180 years in prison for spending an elderly woman’s money on personal lifestyle changes. On Monday, Florida Governor Ron DeSantis announced the…
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On June 7, 2018, Buzz Aldrin, Presidential Medal of Freedom recipient and the second man to walk on the moon, filed a lawsuit against two of his children, Andrew and Janice Aldrin, and his former business manager, Christina Korp. The lawsuit responds to a May 2018 Florida Court filing in which Andrew Aldrin, Janice Aldrin,…
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Elder abuse refers to intentional or neglectful acts by a caregiver or associate of an elderly individual, which causes harm.[1] Financial elder abuse occurs when a trusted friend or family member obtains access to a senior’s financial accounts and uses the assets therein for personal gain. Unfortunately, this abuse is widespread in the United States…
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On September 20th, Liliane Bettencourt, the richest woman in the world died at age 94. Scandals of several types plagued the last years of her life and the lives of those around her going as far as alleged campaign contributions in great excess of the legal limit to former president of France, Nicolas Sarkozy. …
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Domicile is a relatively straight forward legal concept that combines the place where a person permanently resides with where he intends to remain. However, what happens when a person who has been adjudicated incompetent desires to permanently move. Can he possess the requisite intent to change his domicile in…
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To bring a lawsuit in the United States, one must have “standing.” This legal principle essentially requires the person or company filing a lawsuit have an interest in a dispute. That interest could involve a piece of property subject to an easement, a Constitutional right, or an injury suffered at…
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It is not uncommon for courts to name one’s spouse as their guardian, but what happens when the incompetent party wants to get divorced from his wife and guardian? Can one be incompetent, yet understand the consequences of and express a desire to get divorced? …
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