Ellan Orkin died in 2019 at the age of ninety-nine. During her life, she and her sister served as nurses during World War II. After their service, they married and settled down in Delaware. Neither had children and each was predeceased by her husband. Ellan and her sister had many friends and other family members around them. Tina was Ellan’s cousin and lived across the street from her; they visited often.

In 1998, Ellan met Kimberly, a former teacher at a local community college. Kimberly presented business opportunities to Ellan and her sister and helped them with various daily needs. Over a span of about 25 years, ending in 2017, Ellan executed various changes to her estate planning documents that increasingly gave Kimberly greater shares of her estate.

Elder law attorneys focus on helping clients plan for long-term care. The U.S. Department of Health & Human Services estimates that an individual aged 65 and over, “has almost a 70% chance of needing some type of long-term care services and supports in their remaining years.” So, an elder law attorney usually has an abundance of clients needing services. However, is it only clients with limited or moderate means who need to plan? Should wealthy clients also have a plan in place for long-term care?

When someone is unable to care for themselves, a guardian is oftentimes appointed. This guardian is responsible for the health and well-being of the ward. But what if the guardian doesn’t act in the ward’s best interest? What if the guardian’s actions caused harm to the ward? Should the ward’s loved ones be able to file a suit for negligence against the guardian?

This issue was recently litigated in Minnesota.