Tag Archives: power of attorney

Sarah Hershberger Guardianship Case: Exploring Parents’ Rights To Make Medical Decisions

To most parents, the question of whether the government should intervene to dictate how a child should be raised is an easy one. Parents, not the court system, should decide what is best for their children — in the absence, of course, of abuse or neglect. But does that change when a child’s life is on the line?  Sarah Hershberger Guardianship Case

That is the difficult question facing a court of appeals in Ohio regarding Sarah Hershberger.  What are the constitutional rights of parents to make life-or-death medical decisions for their child?  What if the decision the parents make flies in the face of conventional medicine and, according to traditional doctors, means the child will die in less than a year?

Sarah Hershberger Guardianship Case

Sarah Hershberger is the eleven-year-old daughter of Andy and Anna Hershberger, who are Amish.  The family lives in an Amish community near a small town outside of Cleveland.  At least, they did until recently.  Because the Ohio court system appointed a guardian over Sarah — for the sole purpose Read more…

| Leave a comment

Did Conservatorship Save Britney Spears Life?

As Britney Spears nears her 30th birthday in a few months, she is in the midst of a world tour, has a successful new album, and tells Glamour Magazine that she is happy and “in a really good place right now.”  There’s even talk of her regaining at least partial custody of her children.  Quite a turnaround from the public lows she hit just three years ago!  And who does she thank for it?  Her father, James Spears.

In fact, according to a friend of hers, Britney Spears credits her father for saving her life. How did he do it when she was so close to the edge — bald head and all — just a few short years ago?

James Spears has been Britney’s conservator since 2008.  This means he was appointed by a judge to make all of Britney’s legal decisions, financial and otherwise, since that time.

Most people who are familiar with conservators (or guardians, as they are called in many states) think of them as being Read more…

| 8 Comments

Family of Zsa Zsa Gabor Feuds as She Nears Death

Zsa Zsa Gabor, who appeared in dozens of movies and television shows throughout a career that spanned five decades, is approaching the end. She has a feeding tube, can hardly tell when she’s at home or in the hospital, and is barely able to communicate. According to a recent Associated Press story, she’s been admitted to the hospital nearly two dozen times since last summer, and she recently was in a coma.

Sadly, her final days are surrounding by fighting, between her husband of 25 years and her only daughter. Frederic Prinz von Anhalt is her ninth husband, and he’s been her devoted caregiver and says he is constantly by her side. Gabor’s daughter, Francesca Hilton (yes, from that Hilton family), tells a different story of Von Anhalt. She says he doesn’t let her visit her mother, won’t update her about her medical condition, and that she learned of a recent hospitalization from a reporter, since Von Anhalt won’t talk to her.

Hilton says she wants to see her mother Read more…

| 2 Comments

Dementia of Jazz Singer Etta James Sparks Family Fight

Famed R&B/Blues/Jazz singer Etta James, a Rock & Roll Hall of Fame member whose biggest hit was At Last, now suffers from advanced dementia (likely Alzheimer’s disease) and leukemia.  According to her doctor, she can’t sign her own name and needs help even with basic life functions like eating, dressing and hygiene.  Etta is only 72 years old.  Etta-james

To make matters worse, her mental incapacity has sparked a family squabble that has led to a lawsuit.  Her husband of 41 years, Artis Mills, filed a court proceeding to take control of about one million dollars of bank accounts in Etta’s sole name.  Mills says he needs to money to pay for her care and keep her at home, rather than in a nursing home.  In most states, this would be done through a conservatorship proceeding (called “guardianship of the estate” in some states).

Since California is a community-property state, and because Mills is the spouse, his lawyer instead opted to file a separate lawsuit which asks for Etta’s money

Read more…

| Leave a comment

Ugo di Portanova Guardianship: Texas multimillionaire subject to massive guardian battles

Ugo di Portanova.  Quite a name . . . and quite a story.  The Houston Chronicle had an interesting feature today about this heir to a massive oil fortune.  Di Portanova has assets valued at more than $65 million (which he largely inherited).  So you’d assume he’d wield great power with all that money, right?  Sadly, it’s just the opposite. Di Portanova

Di Portanova has been declared legally incapacitated (at least in part) continuously since 1967.  After a long fight, he won the right to manage $1,000 per month, marry who he wants, and make a will.  But he lost his quest to end the guardianship, so he has almost no say in management of his own money or other important decisions in his life.

Diagnosed with schizophrenia, di Portanova, now age 74, has lost more than the right to make most of his financial and other decisions.  He has also lost many millions of dollars to exorbitant legal fees, guardian and trustee salaries, court costs, and related expenses.  The Chronicle reviewed

Read more…

| Leave a comment

Kiplinger’s article: Cut the Lawyer out of your Will?

Kiplinger’s Personal Finance Magazine has an interesting article that’s coming out in the March 2010 issue, about do-it-yourself estate planning.  It was written by Jane Bennett Clark, Senior Associate Editor:

You’ve been dragging your feet for ages on writing a will and drawing up other estate-planning documents. Now, to avoid the hassle and expense of hiring a lawyer, you’re considering using online forms to get the job done. Companies such as Nolo, LegalZoom and Rocket Lawyer allow you to do just that. Not only do they provide do-it-yourself estate-planning documents, but they also offer guidance on filling them out and general information on estate-planning issues.

The cost for such off-the-rack estate planning? As little as $50 for a simple will to $220 or so for a package that includes a will and a living trust. That’s cheap compared with the $300 a lawyer might charge for a simple will or the $1,000 or more that a comprehensive estate plan might run you. Still, you get what you pay for, says

Read more…

| Leave a comment