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General terms
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Guardian – can provide a guardian for a minor in a will, trustee as guardian for their finances, and guardian for the person of the minor [not adoption or foster care, but looking over their well-being]
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Conservator – guardian for an adult, appointed by a court, to conserve another’s person or estate due to incapacity, physical or mental [includes writing a will]
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Power of attorney – similar concept, someone is going to do something in the place o
- Will attempted to set up a trust: money to the bank in trust, to be distributed to fourth graders in the local area at Easter and Christmas to be used for educational purposes. The question is if the settlor intended to set up a charitable trust, there is a difference between benevolent and charitable. The biggest problem is that there is no way of making sure that the money once distributed would be spent on educational purposes.
- Trust had a spend-thrift clause, beneficiary was in debt and had creditor judgments bearing down, and the creditors wanted to attach the proceeds of the trust.
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