Guardians and Vaccine Decisions
How should court-appointed guardians handle decisions about the COVID-19 vaccine with their wards? Experts advise: apply the substituted judgment standard. Focus On The Ward’s Wishes and Values Carefully and respectfully making important decisions on behalf…
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An Appeal for Clarity: Consumers Win in Appellate Court
An Appeal for Clarity: Consumers Win in Appellate Court Is “100% Grated Parmesan Cheese” false advertising? Yes, said the Seventh Circuit Court, giving the appellants—consumers—a win. Deciphering The Labels What are consumers expected to reasonably…
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What If The Will’s Executor Steals from Beneficiaries?
Unfortunately, it sometimes happens. Executor bonds are an important way to protect the beneficiaries named in the will. Confronting Irregularities Ordinarily, as a will is prepared, an executor is named to administer it when the…
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Civil Court Case Appeals: Understanding the Process
The losing party in a civil court case can appeal the decision but is often required to secure an appeal bond. In an appellate court there is no jury—judges review the case for possible errors…
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What’s a Trustee To Do: Facing Volatile Markets
A trustee must follow the prudent investor rule in managing the assets of a trust. Keep in mind: this is a process-based standard—not a performance-based one. Investing Trust Assets Volatile markets present unique challenges to…
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Protecting the Vulnerable: Fiduciary Duties and Bonds Explained
Protecting the Vulnerable: Fiduciary Duties and Bonds Explained When someone cannot make sound decisions for themselves, a court can appoint a fiduciary to do so. Often, courts require fiduciary bonds to protect “the ward.” Safeguarding…
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Duty-Bound to Beneficiaries: Insights for Executors and Trustees
What happens when an estate or trust plan has been set up to continue the operations of a business beyond the owner’s death—but the business ultimately does not provide value to the beneficiaries? Prioritizing the…
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Court Appointed Executors: Bound To Report
When a probate court appoints an executor to administer the estate of someone who has died, diligent reporting is required. Public Record Core to the probate process is accounting for a deceased person’s assets and…
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Receiverships and Receiver Bonds: What You Need to Know
Receiverships, backed by receiver bonds, can be important for recovering funds in real estate foreclosures and other business disputes. The Role of Receivers A receiver can be appointed to take custody of the assets, property,…
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