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Ohio Guardianship Lawyer

Thu Nov 18th, by Daniel McGowan, on Probate Law and Procedure |

The Important Role of Guardians

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Conflicts of Interest for Estate Planning Attorneys

Mon Oct 18th, by Daniel McGowan, on Ethics and Malpractice Claims |

The ABA Standing Committee on Ethics and Professional Responsibility issued a formal opinion which address conflicts which may arise when an attorney represents several members of the same family...

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Solutions for Victims of Elder Exploitation and Their Families

Tue Oct 12th, by Daniel McGowan, on Probate Law and Procedure |

Understanding the science of undue influence in Ohio Probate Cases.  

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What is Undue Influence?

Mon Oct 11th, by Daniel McGowan, on Probate Law and Procedure |

The term "undue influence" finds application in virtually every Ohio inheritance dispute case, in one form or another.  Inheritance dispute lawyers often face the difficult task of trying to nail...

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Family Involvement or Family Interference?

Mon Oct 11th, by Daniel McGowan, on Probate Law and Procedure |

When representing clients with diminished capacity, the drafting attorney should remain mindful of certain recognized "signposts" or "red flags" when a family member shows an inappropriate level of...

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What are Claims against an Estate?

Thu Oct 7th, by Daniel McGowan, on Probate Law and Procedure |

Claims Against Estates.  Specific laws govern which debts are considered claims against the person's estate. 

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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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