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Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself.
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Guardianship and Conservatorship

Home / Guardianship and Conservatorship /
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By Harry Margolis
In Guardianship and Conservatorship
Posted June 18, 2025

What Lessons Can We Learn from the Hackman and Leno Cases?

Question: Two recent stories in the news – Jay Leno initiating custodianship for his wife, Mavis who has dementia, and Gene Hackman and his wife dying almost at the same time – when it comes to a [...]

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 How Can a Custodian Bank Account be Opened?
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By Harry Margolis
In Guardianship and Conservatorship, Special Needs Planning
Posted October 4, 2024

How Can a Custodian Bank Account be Opened?

Question: Our client in California received life insurance proceeds from her parents’ policy payable to her as custodian for her adult brother (“Jane Doe Custodian FBO Joseph [...]

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 How Can Daughter Pass On Her Role as Guardian for Her Mother?
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By Harry Margolis
In Guardianship and Conservatorship
Posted May 8, 2024

How Can Daughter Pass On Her Role as Guardian for Her Mother?

Question: My colleague is working with a caregiver who is working to get her mother on Medicaid and moved into a nursing home. Once her mother has moved in, the daughter would like to relinquish [...]

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 How Can I Have Guardianship Removed?
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By Harry Margolis
In Durable Powers of Attorney, Guardianship and Conservatorship
Posted October 4, 2023

How Can I Have Guardianship Removed?

Question: Several years ago I was in a very bad place mentally. My son sought guardianship over me which was granted by the court. He also has POA over my health and finances. My son is not [...]

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 Can I Create a Third-Party Special Needs Trust for My Son If I’m His Guardian?
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By Harry Margolis
In Guardianship and Conservatorship, Special Needs Planning
Posted January 13, 2023

Can I Create a Third-Party Special Needs Trust for My Son If I’m His Guardian?

Question: I would like to set up a Special Needs Trust for my 63-year-old son with autism. I have also been appointed as his guardian. Question 1: Does the guardianship interfere with the [...]

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 Can We Name Our Out-of-State Friends as Guardians of our Children?
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By Harry Margolis
In Guardianship and Conservatorship, Wills
Posted June 20, 2022

Can We Name Our Out-of-State Friends as Guardians of our Children?

Question: My wife and I want to make a living will to appoint our married couple friends as guardians of our minor children in the event that both of us pass away. We live in Arkansas and our [...]

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 What Can Be Done When Senior with Declining Capacity Refuses Help?
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By Harry Margolis
In Guardianship and Conservatorship
Posted January 14, 2022

What Can Be Done When Senior with Declining Capacity Refuses Help?

Question: My mother-in-law is widowed. She is 80, lives alone, and has been deteriorating (poor hygiene, nutrition, etc.) She has many health problems (currently hospitalized) and appears unable [...]

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 How Can I Get Guardianship Over Grandson in One State and Move Him to Another?
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By Harry Margolis
In Guardianship and Conservatorship, Non-Traditional Families
Posted February 23, 2021

How Can I Get Guardianship Over Grandson in One State and Move Him to Another?

Question: If I live in New Hampshire and I want to get guardianship of my grandson who lives in California, how do I ask a California courts’ permission to start a guardianship in my state? [...]

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 What are Guardianship and Conservatorship?
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By Harry Margolis
In Guardianship and Conservatorship
Posted January 24, 2021

What are Guardianship and Conservatorship?

Once we reach the age of 18, which is the age of majority in all 50 states, we have complete autonomy to make our own personal and financial decisions (within the bounds of the law, of course). [...]

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 How Do You Remove an Unqualified Health Care Agent?
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By Harry Margolis
In Guardianship and Conservatorship, Health Care Directives
Posted May 27, 2020

How Do You Remove an Unqualified Health Care Agent?

Question: How can you remove a person name from being a health care agent when they are a drug addicted and are suspected of having abused the person who made the appointment in her health care [...]

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Wondering if a trust makes sense for you?

This comprehensive guide provides all you need to know (in plain English).

Harry Margolis book: The Baby Boomers Guide to Estate Planning

Get the Book
(An Amazon Prime Reading selection)

Read Sample Chapters

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