OGBORNE LAW BLOG POSTS

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Grandparents’ Visitation and Custody

Grandparents in each state in the US have rights, in some cases, to be granted custody of their grandchildren or to be granted court-mandated ordered with their grandchildren. Grandparents’ rights don’t come out of the Constitution, nor were they conventionally in existence. Acknowledgment of grandparents’ rights by state law is a current trend, and most…

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When Is Guardianship Necessary?

When you are caring for a child, you might not have thought about establishing a legal guardianship, but it’s a significant step towards guaranteeing the laws are going to work in your favor in safeguarding the best interest of the child. You might find yourself inquiring about, “When is guardianship necessary?” This frequently asked question…

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Choosing a Guardian for Your Child

Having children adds a new and great significant scope to your estate plan. When all of a child’s legal parents have died or are debilitated, and never made arrangements for such emergencies, the child must be placed with a new family. This is a significantly troublesome process for the child, even if the new family…

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How to Write a Codicil to a Will

You can alter your will with a codicil in handwriting, but it’s not always wise. There are many reasons to alter your will—marriage, divorce, a newborn, a family squabble, or just the passing of time. Considerable life changes usually necessitate an entirely new will. But if the change is insignificant, you can alter your will…

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Guardianship of Minors

Parents are generally a minor’s default legal guardians. In itself, parents are responsible for decision making to develop or maintain their child’s well-being. Often, on the other hand, a child’s parents can’t take the role as guardians, so a child might require someone other than their parents to make legal decisions for them. In this…

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Temporary vs. Testamentary Guardianship

A guardian is an individual appointed by a court to make legal decisions for individual’s unable to make decisions on their own. This typically refers to minors (under eighteen years of age), mentally disabled adults, and older individuals. The two primary kinds of guardianship, temporary and testamentary, can be confusing because of their similar names.…

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Should I Update My Power of Attorney?

If you are planning your estate or require someone to manage important financial or legal affairs for you while you are away, a power of attorney is an important legal document to have. If you don’t have one in place yet, now is a perfect time to get one—the laws in many states have been…

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Guardianship of Disabled or Incapacitated Persons

A guardianship is a vital legal instrument that enables one individual or entity permission for making decisions for another — their ward. Courts are delegated with determining guardianships, and they usually appoint guardians in instances of an individual’s incapacity or ailment. For instance, maybe a person is put into a coma because of a car…

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Transferring Power of Attorney

The transference of power of attorney from one individual to another isn’t always feasible, but it can be accomplished under a particular set of circumstances. If you want an individual to act on your behalf when you are unable to do so, you can decide to give POA to a trusted friend, relative or business…

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What Is Springing Power of Attorney?

Powers of attorney are a critical part of any estate plan, but in many situations, a springing power of attorney—that only “springs” into action should you become debilitated—might be worth thinking about. Estate planning comprises of different kinds of documents, all of them serving a specific intent. Placing a power of attorney (POA) with your…

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