Lately it seems as if stories about Britney Spears and her attempts to end her California conservatorship have appeared in every tabloid in America. Endlessly.
While the Britney stories make for great voyeuristic reading, they also serve a bigger purpose: they shine a bright spotlight on the right and wrong ways to end a conservatorship.
In Texas, a conservatorship is called a guardianship. A Texas guardianship can be ended by several...
The COVID-19 pandemic has generated waves of mental health concerns, both for people who have previously struggled with mental illness and for those who have not. The current uncertainty and widespread panic would shake even the most stolid of hearts. Consider a situation in which you, a friend, or a family member is experiencing anxiety, fear, depression, or other mental health concern. Who are you going to call?
Don't Lose the Original Will
Wills only take legal effect when the person who made the will dies and the will is admitted to probate.
Probate is a legal process where a court hears evidence to prove that the will is valid and should be given legal effect. Normally this requires that the original will ( not a copy) be filed with the clerk of the court. Most wills are self-authenticating,...
Do not take a vacation, leave for college, go through surgery or get on a small plane without having these documents in place and current.
A will. This document can be simple or complex, but it should not be based on a form that you download from the internet. Because a will is so important, you should be extremely careful on how it is drafted and executed. Helpful hint: you...
It is easy to criticize a state government, but we should also give credit where it is due.
Texas has been recognized as a model for other states for its Guardianship Abuse Fraud and Exploitation Deterrence Program.
That is guardianship reform, folks, and it is a good thing. The population of Texans 65+ is projected to double to 6 million by 2030.
Since 2014, the Texas Judicial Council has been studying guardianship...
The rich and famous are not immune from guardianship, and neither are you.
Take, for example, Buzz Aldrin.
His guardianship case was in the news in 2018 not only because of his fame but also because of the unusual counteraction that he took: he sued back.
The contretemps started in a Florida court when two of Aldrin’s three children and his business manager filed a guardianship action against Aldrin. Aldrin, age 88, responded...
According to the National Institute on Aging, dementia is the loss of cognitive functioning (thinking, remembering, and reasoning) and behavioral abilities to such an extent that it interferes with a person’s daily life and activities.
Dementia is more common as people grow older.
Up to half of all people age 85 or older may have some form of dementia.
As Elder Lawyers, we deal with dementia from a legal perspective. Estate planning...
Texas Estates Code Chapter § 1151.351
Bill of Rights for Wards
(A) A ward has all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of this state and the United States, except where specifically limited by a court-ordered guardianship or where otherwise lawfully restricted.
(B) Unless limited by a court or otherwise restricted by law, a ward is authorized to the following:
(1) to have a copy of the guardianship order and...
So you need some help managing your financial affairs. Let’s look at your options.
A Power of Attorney is a document you sign that gives another person authority to handle all or some of your financial transactions. In the Power of Attorney, you are the principal and the person you appoint is the agent. The document describes the types of transactions the agent is authorized to handle. The Power of...
Founded in 1984, Hammerle Finley Law Firm represents clients at every stage of life. Our areas of practice include business law, litigation, employment law, family law, estate planning, probate & guardianship, banking law, and personal injury.