Sonia Naomi Smith’s Post

Partner, Alex Brereton, and Senior Associates, Polly Atkins and Eri Horrocks, have recently published an insightful article in the Financial Remedies Journal. Their article explores Family Procedure Rules and Non-Court Dispute Resolution (NCDR), providing key insights for the legal community. Read more here, https://lnkd.in/eve69tYd #FamilyLaw #NCDR #HuntersLaw

Are you navigating the complexities of a family member with dementia and a Power Of Attorney (POA) deed transfer? Let's dive in!⁣ ⁣ If a family member with a POA transfers a parent's property solely to their name, excluding other beneficiaries, it raises red flags. This act, known as self-dealing, could lead to legal repercussions. ⁣ ⁣ 💡 Here's the gist: While a POA doesn't need permission from other family members, they're obligated to avoid self-dealing. If a parent intended equal distribution but the POA shifts the property, it's a legal gray area. But wait, there's more!⁣ ⁣ 👨⚖️ Considerations: Circumstances vary; sometimes, the caregiving POA aligns with a parent's wishes, making the transfer valid. Yet, professional advice is crucial. An Elder Law Attorney can assess capacity, document decisions, and ensure fairness.⁣ ⁣ 🤔 The Takeaway: Family dynamics are complex. Consulting an Elder Law Lawyer can prevent misunderstandings and protect everyone's interests. Remember, legal clarity is key to preserving familial harmony!⁣ ⁣ 📞 Need guidance? Reach out to us today so we can schedule a complimentary consultation. Let's navigate this journey together.⁣ ⁣ ---⁣ ♻️ Share if you find this helpful.⁣⁣ 📢 Tag someone who needs this.⁣⁣ 🔔 Follow #MortellaroLaw for more.⁣⁣ ⁣ #ElderLaw #POA #DementiaAwareness #EstatePlanning #AssetProtection #FloridaEstatePlanningAttorney #FloridaElderLawAttorney #FloridaAssetProtectionAttorney

🔍 Exploring the Intersection of Legal Capacity and Personal Decision-Making! Dive into our latest blog, "James v James: A Reminder That Irrationality ≠ Incapacity," where we unpack a pivotal court decision shedding light on the fine line between irrational decisions and legal incapacity. Justice Faieta’s ruling illuminates the essential legal standards for assessing someone's capacity to manage their own affairs. Are you curious to learn more about how these judgments are made and what they mean for elderly autonomy? Click the link to read the full analysis and gain a deeper understanding of capacity in law. 📖✨ https://ow.ly/1zq650SETiZ #HullonEstates #Capacity #Irrational

Knowledge is power, especially when planning for the future. Our latest blog shares the right questions to ask when consulting with an elder lawyer. Read more and empower yourself with the information you need: https://bit.ly/3U7TEzB

🌟 Navigating Life's Transitions with Care and Dignity 🌟 At The Law Offices of Nicole J. Zuvich, P.C., we specialize in elder law and special needs planning—sensitive areas that require thoughtful attention. As life changes, the need for medical, financial, and personal support grows. We're here to help families and individuals prepare for these changes with advance directives, wills, trusts, healthcare proxies, and powers of attorney. Let us guide you with compassion and expertise. Learn more about our services: https://lnkd.in/eUFS4JCX #ElderLaw #SpecialNeedsPlanning #AdvanceDirectives #FamilySupport #CareAndDignity

The Law Society of Northern Ireland is delighted to publish the Spring edition of Journal of Elder Law and Capacity. The Journal of Elder Law and Capacity is a source of information for a range of practitioners dealing in all aspects of elder law and capacity. Published by the Law Society of Northern Ireland, it aims to have UK and international appeal with coverage on legal issues relevant to elder clients, clients with capacity issues, their families and carers. In this edition Liberty Tactics: On the rise of ‘Deprivation of Liberty Safeguards’ - Lucy Series The Use of the Declaratory Jurisdiction of the High Court in the Field of Health and Social Care in Northern Ireland - Michael Potter Capacity – Navigating through your Regulatory Obligations - John Mackell The Solicitor Executor: Some Reflections from Practice and Some Pitfalls Part Two - Preparing the Will: Taking Instructions and Drafting Considerations - Sheena Grattan Funding Long-Term Residential Care - Barra Gorman Substantial unclaimed discounts on rates and local council tax. Are your clients with severe mental impairment losing out? - Linda Johnston Casenotes - Andrew Kirkpatrick, (TEP, Solicitor, Murray Kelly Moore) & Rachel Sullivan, BL, 39 Essex Chambers https://lnkd.in/eftjQupF

Wills and trusts are legal documents with legal consequences if you don’t understand the language. 📃 Yet, so many people try to do their estate plan on their own, thinking they’ve done it right. If you do your own will or trust, and you’re not a lawyer, do you know for sure that: 💰Your assets will go to the people you want in the way that you want? 😡You’re not setting up your family for court and conflict? 🤑Your children won’t inherit a windfall before they’re mature enough to manage money responsibly? If you don’t understand the legalese, you could be accidentally setting your family up for conflict and your children for financial ruin. If you do it yourself, you get what you pay for. 😞 There’s a better way. As your Personal Family Lawyer®️ Firm, we break down the legal jargon into clear, understandable terms so you can create an estate plan that will work the way you want, keeping your family out of court and conflict, and protecting your children’s future. 🦾 📲Book a call with us to learn more! #estateplanning #estateplanninglawer #protectyourkids #scottsdale #trust #will #probate #trustadministration #buildyourlegacy #seniors #assetprotection #kidsprotectionplan #powerofattorney #healthcaredirective #longtermcareplanning #desmondlaw #azlegacylawyer

🌟 Navigating Life's Next Chapters with Elder Law 🌈 Life brings unique challenges at every stage. As we age, planning for the future becomes crucial. Elder law is here to guide you through necessary preparations for medical care, financial aid, and the legal distribution of wealth and assets. Let's make these next chapters secure and fulfilling. 📚💼 For more information, visit https://lnkd.in/eUFS4JCX. #ElderLaw #FuturePlanning #SecureLife #LegalGuidance #AgingWithDignity

The landscape of family and children law in England and Wales is evolving, with a few changes on the horizon. From the transparency reporting pilot to financial remedy review, in this blog, Jane Ingleby MCIArb explores the upcoming changes and topical issues for the year ahead. Read more: https://lnkd.in/deR6erVz #familylaw #familylawyers

Interesting summary of current family law topics. The transparency changes are particularly important for high net worth or publicly prominent people, in relation to whom the press will be interested in publishing any salacious details. Not the point of the transparency project but is the reality of print media. It may be possible to avoid this with #familymediation or #arbitration. Mills & Reeve | Family and children