When Capacity Becomes A Catch-22: Defining Your Clients' Due Process Rights After Herren

Jennifer Scharre and Frank Busch authored “When Capacity Becomes A Catch-22: Defining Your Clients’ Due Process Rights After Herren” which was published in the California Trusts & Estates Quarterly. Their article examines the far-reaching implications of Herren v. George S. and offers guidance and sample trust provisions to help settlors protect themselves. The full article is linked here.