Capacity and Divorce: The Role of Litigation Guardians

Capacity and Divorce: The Role of Litigation Guardians

A litigation guardian has authority to instruct counsel throughout litigation. They are presumed to make decisions in the best interests of the person under disability.  Can a litigation guardian obtain a divorce for an incapable person?  If so, what are the requirements?

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Marriage vs. Common-Law Relationships: Wills and Powers of Attorney

Marriage vs. Common-Law Relationships: Wills and Powers of Attorney

It is becoming increasingly common for people to choose to live together without getting married.  If you are considering this option, it is important to know the legal differences between the two relationships.  In this post, Jeffrey Sun, a Fresh Legal intern, outlines two factors you should consider: Wills and Estate Planning, and Powers of Attorney.

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Estate Planning Essentials: Power of Attorney for Personal Care

Estate Planning Essentials: Power of Attorney for Personal Care

A Power of Attorney for Personal Care is a legal document that gives someone else the right to act on your behalf and make important decisions about your care if you are mentally incapable.  Decision-making is generally restricted to the following areas: health care, housing, safety, hygiene, clothing, and nutrition.  When you don’t have a POA for Personal Care, a substitute-decision maker (SDM) will be appointed. 

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