Do You Really Need a Guardianship? Guardianship is one of society’s most drastic interventions, protecting individuals yet infringing upon fundamental human rights and opportunities for self-determination. Nebraska prioritizes less restrictive legal options such as, for financial decisions, appropriate use of joint accounts, durable powers of attorney, trusts, and representative payment for public benefits; and for Read More

Surrogate Consent Laws — Surrogate Consent Laws provide legal authority for health care decision-making when no guardian or agent has been appointed.  States which have adopted these provisions recognize the importance of alternative means of consent to health care in the absence of advance directives, such as the health care power of attorney and living will. Read More

My Parent Needs a Power of Attorney — “Hi, I Need A Power of Attorney for my Dad…” You would be surprised how many times we get that call in our office. A daughter or son calls and wants us to prepare a “simple” power of attorney for the parent. But it doesn’t always work Read More

When the Bank Won’t Accept Your Power of Attorney Even a perfectly prepared and executed power of attorney (POA) can be rejected or called into question by a third party. Banks, brokerage firms, insurance companies, and other institutions often raise objections when presented with a POA by the named agent. They may demand proof that Read More

Myths and Facts About Health Care Advance Directives By: Charles Sabatino* What is an “advance health care directive”? Are so-called “living wills” legally binding? For the answers to these questions, please read on: Terms to Know Advance Care Planning – A process for setting goals and plans with respect to medical care and treatments. It Read More