Conservatorship vs. Guardianship
Both conservators and guardians are appointed to assist with the financial needs of a minor, disabled, or elderly person. Both have court ordered authority to make decisions for someone who is a minor, elderly, incapacitated,…
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The Duties of a Court Appointed Guardian
The purpose of appointing a guardian to an incapacitated or disabled person is to allow the guardian to make decisions for the incapacitated or disabled person that they cannot make themselves. Both financial and non-financial…
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What Does a Trustee Do?
A trust is a legal entity that technically owns assets and includes instructions describing who you want managing your affairs and who you want to receive the trust’s assets. But what does it mean to…
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Types of Trusts
So you’re thinking about setting up a trust. Or you’ve been appointed to be a trustee for a trust. It would probably help to know what the differences are between the types of trust, and…
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5 Things You Didn’t Know About Estate Planning
When you think of estates and estate planning, you probably think it’s just something that rich people do to pass their assets onto their children. But did you know that there’s a lot more to…
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What is Receivership and What Is It For?
Receivership can best be defined as a process where someone legally appointed as receiver for a company acts in that capacity as a custodian for the company’s assets or operations. Receivership is most commonly associated…
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When Does a Family Member Need a Conservator or Guardian?
A guardian is appointed to take care of most non-monetary (and often times monetary) decisions for someone who is not able to do this themselves, while conservators are appointed to handle only the actual monetary…
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In Fiduciary Breach Case, Fiduciaries Must Prove That Choices Did Not Cause Loss
The three main elements of a fiduciary breach case are: 1) a breach, 2) a loss, and 3) that the loss was caused by the breach. Unfortunately for breaching fiduciaries, they’re often the ones who…
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Can You Avoid Fiduciary Liability?
In the case of White v. Chevron (N.D. Cal 2016), the plaintiffs alleged breaches of its fiduciary duty for not choosing proper investments for plan funds, by choosing to invest in funds that performed poorly, and cost…
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