Current Developments in Estate Planning and Business Law: September 2022

By WealthCounsel Staff on Sep 9, 2022 10:00:00 AM

monthly-recap (1)

From the Internal Revenue Service’s (IRS’s) reversal of its position on estate tax deductions for certain unitrust interests of charitable remainder unitrusts (CRUTs) to newly enacted pay transparency laws, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.

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Can a Guardian be Sued for Negligence?

By Jill Roamer, JD, CIPP/US on Sep 7, 2022 10:24:00 AM

Can a Guardian be Sued for Negligence_

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.

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Can a Healthcare Agent Sign an Arbitration Agreement?

By Jill Roamer, JD, CIPP/US on Aug 31, 2022 10:47:00 AM

Can a Healthcare Agent Sign an Arbitration Agreement_blog

Powers of attorney are powerful documents. A financial power of attorney allows another, the agent, to make financial decisions on behalf of the person creating the document, the principal. In a recent blog, the issue of whether a financial power of attorney can authorize the agent to create a trust on behalf of a principal was discussed. Another case has come out on authorization in a power of attorney, but this time it concerns a healthcare power of attorney. Specifically, the Second Appellate District in California decides whether a healthcare power of attorney that gives the agent the power to make healthcare decisions allows the agent to enter into an arbitration agreement on behalf of the principal.

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