Substitute Decision Makers and Handwritten Wills

Join our speakers for the first webinar in the 2022 Estate Litigation series.

This presentation will focus on practical/planning considerations related to substitute decision making, address the benefits and risks of handwritten wills and what happens when substitute decision makers fail to meet their duties or abuse their power.

Substitute Decision Making – Power of Attorney versus Guardianship

This presentation will focus on practical/planning considerations related to substitute decision making. It will compare the role of an attorney (who is named in a power of attorney) with the role of a guardian (who is appointed by the court). It will cover the appointment process, the rights/powers of each substitute decision maker, the obligations of each substitute decision maker, standard of care, exposure to liability and other topics. The speaker will discuss the challenges that arise when an incapable person has not executed an enforceable power of attorney and a family member or other interested party is required to commence a guardianship application.

Speaker: Lily MacLeod,  Associate 

Handwritten Wills: Gifts that Give, but Not as You Intended

This presentation will address the benefits and risks of handwritten wills, including the legal and practical issues that arise when you handwrite your will. If you are determined to use a handwritten will, this presentation will provide guidance so that you can try to avoid the most common pitfalls. Suggestions will also be provided to minimize the chance of a dispute arising regarding your estate, so that your hard earned money will make its way to your loved ones as intended, rather than being spent on legal fees or avoidable taxes after your death.

Speaker: Alex Kotkas, Partner

When Substitute Decision Makers Abuse Their Powers

This presentation will look at what happens when substitute decision makers fail to meet their duties or blatantly abuse their powers. The speaker will provide an overview of what remedies are available and examine some cases involving the financial abuse of a donor/grantor by their appointed attorney. This presentation will also include a discussion of the role of the Public Guardian and Trustee in the protection of incapacitated adults.

Speaker: Janis Ko,  Associate

Agenda

• 12:00 pm – 1:00 pm ET / 9:00 am – 10:00 am PT Webinar and Q&A 

Cost

This webinar is complimentary 

Materials and Webinar Recording: If you are unable to attend the webinar but wish to receive the materials and webinar recording after, please click the “Materials and Webinar Recording” option at bottom of this page.