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Financial Durable Power of Attorney and "Hot Powers"

Tue Apr 6th, by Daniel A. McGowan, on Probate Law and Procedure |

For the financial durable power of attorney ("DPOA") the 129th General Assembly enacted the Uniform Power of Attorney Act ("UPOAA") effective March 22, 2012, which is codified in R.C.1337.21 to...

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Non Waivable Duties for an Agent Under Ohio Power of Attorney Act

Thu Feb 11th, by Daniel McGowan, on Probate Law and Procedure |

Notwithstanding provisions in the power of attorney, an agent that has accepted appointment has some non-waivable duties. 

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Advanced Directives and Ohio Power of Attorney

Wed Feb 10th, by Daniel McGowan, on Probate Law and Procedure |

Ohio Power of Attorney laws are now similar to other states that enacted the Uniform Power of Attorney Act

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Representing Clients with Diminished Capacity

Tue Feb 9th, by Daniel McGowan, on Ethics and Malpractice Claims |

Representing Clients with Diminished Capacity poses a variety of challenging 

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Litigation Red Flags

Tue Mar 10th, by Daniel McGowan, on New Probate & Trust Cases |

Effective estate planning is very feasible and a true bargain when compared to the cost of litigation

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Trustees as investment managers: Its not whether you win or lose, it's how you play the game

Thu Feb 27th, by Daniel McGowan, on New Probate & Trust Cases |

A Trustee of an Ohio Trust must comply with the Ohio Prudent Investor Act unless the Trust Instrument dictates otherwise.  

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A Trustee Shall Keep the Current Beneficiaries Informed

Thu Feb 20th, by Daniel McGowan, on New Probate & Trust Cases |

A Trustee shall keep the current Beneficiaries reasonably informed as to the material facts necessary for them to protect their interests.  

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Guardianship Proceedings in Ohio

Tue Feb 11th, by Daniel McGowan, on Probate Law and Procedure |

If a person can show the Court they have an interest relating to the welfare of another person, Ohio Courts will generally allow the person to participate in guardianship proceedings.  

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Can Trust Beneficiaries Recover Attorneys Fees when Challenging a Trustee?

Thu Feb 6th, by Daniel McGowan, on New Probate & Trust Cases |

The Ohio Trust Code allows for beneficiaries to be awarded their attorneys' fees when challenging the conduct of a trustee for breach of duty.

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Trust Reformation and Taxes

Wed Feb 5th, by Daniel McGowan, on New Probate & Trust Cases |

Reformation of Trusts and general powers of appointment. 

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