August 24th, 2011

Litigators can often have a hard time backing down from the zealous representation of their clients.  This is particularly true when someone of diminished capacity is exploited and when still others are aware of the exploitation and either let it happen or facilitate it.  A fiduciary litigator in Iowa recently learned the hard way that, while it might be okay to sue based on suspicions, as soon as you learn that the facts don’t back up your suspicions, you better dismiss the lawsuit.

In Rowedder v. Anderson the Iowa Court of Appeals had it all – incapacitated executors, shady real estate deals, sanctions, a jury trial . . . (more…)

July 12th, 2011

In a recent blog post, Paula Span examines the challenges of assisting elderly relatives with their health care when those relatives have not been declared incapacitated. The movement in a number of states to permit ‘enhanced’ health care proxies would allow designees to assist with or make health care decisions for the principal while the principal is still legally competent.