David L.J.M. Skidmore, of Warner Norcross + Judd, has made available for download his article, Appointment of a Guardian Does Not Mean That the Ward Automatically Lacks Testamentary Capacity, published in JDSUPRA. The abstract is as follows:
People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a guardian/conservator amounts to a finding of lack of testamentary capacity. The Michigan Court of Appeals showed that such assumption is incorrect by its ruling in In Reynolds v. Van Dan Steene, 2022 Westlaw 17871205, Docket No. 359803 (Mich Ct App Dec 22 2022).
Click here to view David L.J.M. Skidmore’s summary of Appointment of a Guardian Does Not Mean That the Ward Automatically Lacks Testamentary Capacity.
Posted by Kaitlyn Bare, Associate Editor, Wealth Strategies Journal.