Probate Advocate

Probate Watch

This Organization Wants to Improve the Probate System Probate Watch is made up of groups of people whose lives and loved ones have been impacted by probate court guardianship and conservatorship.  They are actively lobbying their legislatures and state organizations to drive change. If you have been impacted by the probate court’s guardianship or conservatorship, you can take their survey, which helps to collect data that will be used to drive change within the probate courts. Probate Watch focuses on Minnesota Probate; however, you can complete their Minnesota Survey or any other state. LET YOUR VOICE BE HEARD! Along with…

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Do You Need a Will

I Don’t Own Anything, Why Do I Need a Will?

First let’s make sure that is an accurate statement. Do you have a car? Do you have a bank account; checking or savings account? Do you have a 401K plan where you work? Do you own a timeshare? Do you own any collectibles like shoes, clothes, art,…? Do you have furniture? With just that short list above, you could own a number of things when you stop to think about it. First, take time to think about the things that you own, then make a list. Second, go over that list and determine is you want a certain person or…

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Health Care Directive

Why a Health Care Directive is Important

Your medical decisions are your private matter.  A Health Care Directive helps you to keep it that way. Your health care directive (living will or healthcare power of attorney) describes your wishes for medical treatment in the event that you are unable to express them yourself. For Example – Would you prefer life-prolonging treatment regardless of your quality of life? – Would you prefer doctors to withhold treatment if you couldn’t feed yourself? – Would you want a respirator but only up to a specific period of time? – Would you want your body donated to science? If you are…

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Durable Power of Attorney is Important

Why a Durable Power of Attorney is Important

Three reasons why a durable power of attorney is important -1-  The proper execution of durable power of attorney can help to avoid the costs, delays, and emotional distress of mental capacity evaluation proceedings. -2-  You don’t have to risk the court appointing a conservator or guardian that may not be in line with your wishes. -3-  Activities and transactions occurring via a durable power of attorney are kept private. With a court-appointed guardian and conservator, court supervision is part of the deal and actions taken on behalf of an incapacitated person are recorded and can be accessed by the…

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Judge Doug Patterson

Judge Steals Money from Incapacitated Person

In Alabama, 2019, Judge Doug Patterson was serving as the conservator for Charles Hardy; when Judge Patterson stole $42,800 from Charles Hardy.  The Alabama Attorney General charged Judge Patterson with three felonies, including use of official position or office for personal gain; financial exploitation fo the elderly in the first degree, and theft of property in the third degree. Charles Hardy, who is now deceased, was an incapacitated senior living in a Limestone County nursing home for military veterans. At the time Judge Patterson became his conservator, Charles Hardy account had over $43,000. By December 2016, the account had less…

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Bad Apple in Bunch

How to Prevent Family from Contesting Your Will

Are your family members likely to fight each other over the things you leave behind? Regardless of your answer to that question, let me just say that, you really never know how family will act, especially when money is involved.  And, even if you have a Will, there is always someone who wants to challenge things because they want more; or they want someone else to get less; or they want someone to get nothing at all. So, what can you do to prevent your heirs from fighting over your Will? You can put special language in your Will to…

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