GUARDIANSHIP

GUARDIANSHIP

Guardianship. July 2018. By Timothy S. Barkley, Sr. The lawyer’s telephone rang.  A man’s voice on the other end spoke urgently: “My name is Henry Jones.  My mother, Ophelia Jones, fell yesterday and is in the hospital.  I saw a power of attorney on her desk with your card.  Did she sign it?” “I’m sorry, Henry” replied the attorney.  “I hope she’ll be OK.  Your mother only took it home a few weeks ago to review it, and hadn’t called to set up a...

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CONSTRUCTING A PLAN

CONSTRUCTING A PLAN

By Timothy S. Barkley, Sr. May 2018. Our last installment ended with our intrepid caregiver, Elizabeth, lamenting, “That’s what scares me.  Who can help me put together a plan?” Her attorney nodded.  “It is a scary situation.  The thought of your mother coming home from rehab to an apartment that she can’t access, living alone there with your father who has become unable to handle life’s realities, is frightening.” Elizabeth...

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YOU HAVE THE POWER

YOU HAVE THE POWER

You Have the Power. June 2017. By Timothy S. Barkley, Sr. The phone rang. The voice was urgent. “My son is away at school and was just in an accident. I called to see how he was and the doctor said that because John is 19, he can’t talk to me without a signed power of attorney or a HIPAA release form. Can you help me?” “Is your son able to sign papers?” “They won’t tell me, and they say he can’t talk on the phone.” “I guess you’ll have to go...

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PROBATE: THE GOOD, THE BAD …

PROBATE:  THE GOOD, THE BAD …

By Tim Barkley. September 2014. Probate. The word has achieved a Dickensian notoriety conjuring up greedy lawyers, helpless widows and children, and unscrupulous creditors. The avoidance of probate is now a cottage industry, carried on in the back offices of lawyers and financial planners. But the problems with probate are the problems with wealth transmission, not with the process itself. Yes, probate can be trying, expensive and...

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CONSTERNATION

CONSTERNATION

By Tim Barkley. July 2013. “Well, thank you for your time, your Honor.” The hearing on emergency guardianship had concluded in manner not entirely satisfactory to Susan and her brothers. “All rise!” directed the bailiff, as the judge departed the courtroom. Mary smirked at her siblings and left, wheeling her mother out. Susan turned to the lawyer with a stunned expression: “What just happened?”...

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