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Iris Christenson

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Wisconsin's Same-Sex Marriage Ban Ruled Unconstitutional

U.S. District Judge Barbara Crabb has struck down Wisconsin's same-sex marriage ban. The Judge reasoned that the ban was a violation of the Due Process and Equal Protection Clauses of the United States Constitution. The ruling, which was issued on Friday June 6, 2014, was not immediately stayed by the judge, which led to county clerks issuing the first same-sex marriage licenses in Wisconsin. The Wisconsin Attorney General has filed an appeal and a motion to stay the decision. We will continue to monitor the situation and be ready to advise couples on the estate planning impact of this historic decision.

 
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Our Services

At Christenson and Allex, LLC, we empower our clients with the education they need to create a positive legacy. We review your situation, listen to your ideas, learn about your values, and determine how best to help you achieve a secure future. Contact us to begin creating your positive legacy.

  • Estate Planning and Settlement of Estates. We use several legal tools, such as Wills, Trusts and Powers of Attorney to meet your specific estate planning needs, and we can assist you with the probate process, whether you are an estate beneficiary or personal representative.
  • Elder Law and Special Needs Planning. We can assist you with Medicaid planning, special needs trusts and other legal services so that you can form a plan of care for aging family members or children who have special needs.
  • Nonprofit and Small Business Law. We provide a variety of services related to forming a non-profit organization or small business, such as business formation documents, partnership agreements, or education regarding Board of Directors and officer fiduciary duties.
  • Real Estate. We can help you prepare for buying or selling a home or condominium, represent you at closing, or assist you with the many issues that come up during or after a real estate transaction.

Question of the Month

Each month the attorneys at Christenson & Allex answer questions heard frequently from clients.

June 2014

Question: My mother just had a severe stroke and her Health Care Power of Attorney has been activated. As her agent under the Power of Attorney, can I admit her to the nursing home for her care?

Answer: A Wisconsin Health Care Power of Attorney allows you as your mother's agent to admit her to nursing home care if she has answered "Yes" to the specific question to authorize you to do so. (A "Yes" to a parallel question is required for admission to an assisted living facility, known under Wisconsin law as a "community based residential facility.") For care longer than for respite or recuperation, specific authority for nursing home admission is required in the Health Care Power of Attorney. Furthermore, even if she answered "Yes" in the Health Care Power of Attorney, if your mother objects to the admission to the nursing home, then you cannot admit her with the Power of Attorney. In the case of her objection, a court-ordered guardianship and protective placement is required.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Johanna Allex