• Blog Post

    The Buzz About Aldrin’s Competency

    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, and Christina Korp requested appointment…

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    Elder Abuse: When Aging Relatives May Need Their Own Superhero

    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 and can happen to anyone,…

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    Guardianship and the Richest Woman in the World

    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.   Aside from the political scandals,…

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    Changing Domicile: How Mental Capacity Factors In

                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 legal terms?      …

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    Mental Incompetency in Guardianship and Divorce

              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?             Carolyn, the wife of…

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    Eight Questions and Answers about Fiduciary Litigation

    What is fiduciary litigation?   Fiduciary litigation encompasses a wide range of legal actions including, without limitation, trust and estate litigation, will contests (also referred to as caveat proceedings), breach of individual and corporate fiduciary duty claims, and guardianship proceedings.  Fiduciary litigation is becoming increasingly relevant as the baby boomer generation continues to age.   What is a fiduciary?  …

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    Four Legal Documents Dementia Patients Should Have in Place

          A diagnosis of dementia, which includes Alzheimer’s disease and other memory loss and/or cognitive reasoning disorders, is potentially devastating for both the patient and their family. Following a dementia diagnosis, it is important to execute these four essential planning documents to avoid further hardship in the form of costly court battles. (1) Durable Power of Attorney –…

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    Guardianship Proceedings in North Carolina

             It is prudent to execute a healthcare and/or financial power of attorney well in advance of necessity to ensure your individual wishes are honored in the event you are unable to attend to your own needs.  However, competency is required to execute a power of attorney.  If you become incompetent and do not have a durable…