JANUARY 2008
Interstate Guardianship Fight Results in Surprising Dismissal
Abuse of Powers of Attorney Is Widespread, Hard To Prevent
A Few of Our Favorite Elder Law Court Cases From 2007
Life Planning Can Be Challenging for Same-Gender CouplesFEBRUARY
2008
Ignore That Alarming Mailer About Your
Current Estate Plan
Long-Term Care Policy Did Not Cover Assisted Living Facility
Allegations of Exploitation May Cost “Malicious” Accusers
Legal Issues Face Unmarried Heterosexual Couples, Too
MARCH 2008
Why Do I Need a Lawyer? Can’t I Just Prepare My Own Will?
On Watermelons, Pomegranates and Special Needs Trusts
Some Seniors Leave “Negative Inheritance” For Their Children
Senior-Friendly Writing Improves Client Understanding
APRIL 2008
Yet Another Reminder: Trusts Must Be “Funded”
Properly
‘Til The Cows Come Home—A Parental Exploitation Story
Court: “Massive Curtailment of Liberty” in Guardianship Cases
Extra Income for Veterans and Spouses Can Help Pay for Care
MAY 2008
Ill Spouse Awarded 36% Share Of Assets By Divorce Court
“Savings” in Will Interpreted to Include Cash in Deposit Box
Truck Owned in LLC is "Unavailable" for Medicaid Eligibility
Arizona Adopts Modified Version of Uniform Trust Code
JUNE 2008
Arizona Legislature Changes Guardian/Conservator Laws
Problems Using Your Power of Attorney When You Need It?
Privacy Rights Need Protection In Guardianship Proceedings
Study Describes Long-Term Care Insurance Buyers and Trends
JULY 2008
Arizona Legislature Rewrites Trust Law
Effective in 2009
JANUARY 2007
One Year After Medicaid Law Changes—Where Are We Now?
It May Not Be a Scam, But That Doesn’t Make It a Good Idea
Who Pays Costs of Long-Term Care, and In What Settings?
New California Law Requires Bankers to Report Exploitation
Government Website Provides Long-Term Care Information
FEBRUARY
2007
Arizona Attorney General Offers Advice For Older Consumers
Proper Trust Funding Essential To Completion of Estate Plan
Grandparent Visitation Rights Analyzed By Maryland Courts
Duty of Lawyer to Recommend Special Needs Trust Discussed
MARCH 2007
If You Choose Cremation You Are in the Majority in Arizona
Questions From Alzheimer’s Caregivers (and Our Answers)
Government Report On Senior Health Shows Mixed Results
Jury Awards $150,000 For Failure To Follow Directive
APRIL 2007
Personal Services Agreement Upheld As Payment for Value
High-Stakes Guardianship Case Illustrates Multistate Conflicts
Alive and Kicking: New Book Offers Legal Advice to Boomers
GAO Report Criticizes Lax Oversight of Nursing Homes
Government Report Highlights Problems With Older Drivers
MAY 2007
Do Not Sign As “Responsible” On
Nursing Home Agreement
Existing Trust Can Be Modified For Beneficiary’s Special Needs
Texas Infant Whose Case Tested State Medical Futility Law Dies
Class Offered for Trustees of “Special Needs” Trusts in June
JUNE 2007
Care Arrangements Between Relatives Should Be In Writing
Demographics of American Aging Explored in New Report
Supreme Court Says Caretakers Not Entitled to Minimum Wage
Growth of Estate After Death Requires Payment of Bequest
JULY 2007
Lawyer May Be Liable For Tax Effect of Advice to Executor
Special Needs Trust Income Increases Child Support Award
Attorney Who Prepared POA Not Liable For Theft By Agent
Class Action Alleges Failures By Arizona’s Medicaid Program
New Arizona Law Allows Naming Agent for Burial Arrangements
AUGUST 2007
Groom Was Competent To Get Married Despite Fatal Illness
Court Retains Guardianship Jurisdiction After Ward Moves
Who Actually Needs a Living Trust? It’s Not That Hard to Tell
Study Finds Wide Variance In Sexuality Among Older Adults
SEPTEMBER 2007
Queen of Mean’s Will Spells Trouble For Grandchildren
How Can You (Still) Plan For Your Long-Term Care Costs?
Probate Process, Usually Quick, Can Sometimes Last For Years
Nursing Home Industry More Profitable But Care Grows Worse
OCTOBER 2007
In Which We Explain the Concept of “Community Property”
Study Suggests Changes In Long-Term Care Insurance
Florida Special Needs Program Draws Leading Practitioners
Elder Law Blogging Provides a New Web-Based Resource
NOVEMBER 2007
Half of Child’s Estate Goes to Uninvolved New Jersey Parent
CMS Releases Study of Health Care Costs Over Two Decades
Washington Supreme Court Dismisses “Wrongful Life” Suit
Psychiatrist’s Article Assesses Competency Determinations
DECEMBER 2007
Hospice Programs Save Money For
Medicare, But Get Billed
Feds Suggest You Keep Close Eye On These Nursing Homes
"Estate Planning" Means More Than Just Planning For Death
Probate Proceeding Does Not Prevent Mortgage Foreclosure
Identity Theft and Loan Fraud Often Target Vulnerable Elders
JANUARY 2006
Congress Poised to Adopt New Medicaid Eligibility Restrictions
Looking Forward Into Next Year For Seniors, the Disabled
Judicial Oversight Might Help Reduce Abuse By Conservators
Property Awarded to Divorcee Is Hers, Not Mother-In-Law’s
Gift By Check Completed When Handed Over Before Death
FEBRUARY
2006
Durable Powers of Attorney Are Valuable and Dangerous
Elder Law Resources and Information on the Internet
Probate Proceedings Reopened Because of Fraud By Nephew
Naming a Guardian for Your Child May Not Control Court
MARCH 2006
Father Sues Daughter Over Investments in Her Home
Bequest to Charity Survives Fourth Challenge By Relatives
Report on Aging in America Outlines Demographic Shifts
Agent Does Not Have Power to Change Insurance Beneficiary
APRIL 2006
Arizona Legislature Changes Format For Beneficiary Deed
Iowa Allows Medicaid Recovery Against Joint Tenancy Property
Suit Against Bank for Allowing Trust Amendments Dismissed
Attorney Prepares Will Leaving Client’s Estate to His Daughter
MAY 2006
Challenge to Trust Should Be Filed in Trustee’s Home State
Supreme Court Reduces State Liens On Lawsuit Recoveries
Anna Nicole Smith Case Has Legal Issues AND Tabloid Value
Tips To Consider When You Are Named As a Health Care Agent
Alimony Payments Continued Despite Medicaid Eligibility
JUNE 2006
Medicaid Citizenship Rules Likely to Reduce Care for Some
Life Estate Interest May Be Subject to Medicaid Recovery
Estate Plan Frustrated By Tax Plan Undertaken Separately
JULY 2006
Just Two Enforcement Actions Filed in Three Years of HIPAA
Lawyer Names Self as Executor, Sets High Fees, Gets Disbarred
Personal Care Contract Is Valid Expense for Medicaid Eligibility
Nursing Home Pays Damages Over Chronic Understaffing
Estate Tax Concerns No Longer Drive Most Planning Decisions
AUGUST 2006
Everyone Should Have a Will,
Shouldn't They? But Why?
Prenuptial Invalid Thirty Years Later: Property List Missing
Three Lawyers Show How Not To Represent Vulnerable Clients
Some Medicare Benefits To Be Means-Tested Starting In 2007
SEPTEMBER 2006
Witness Convicted of Extortion
After Demanding Payment
Guardianship Court Approves Trust, Changes Estate Plan
Private “Deportation” Order Leads to Possible Civil Liability
Bond Liable For Conservator’s Actions Before Appointment
OCTOBER 2006
Reverse Mortgages Can Be Complicated and Expensive
American Guardianship Process Needs Review and Revision
Income From Special Needs Trust Increases Child Support Amount
Grandson’s “Right” to Family Property Is Not Enforceable
NOVEMBER 2006
Beneficiary Form in Substantial Compliance With 401(k) Rules
Pension Protection Act of 2006 Includes Little-Known Benefits
Medicare Part D Enrollment Period Runs Through Year End
Lawyer Who Drafted Contested Will Sued After Case Settles
DECEMBER 2006
Lawsuit Over Unauthorized CPR Administration Dismissed
Divorces Among the Elderly are Costly, Increasingly Common
Son’s Help In Preparing Dad’s Will Leads to Court Challenge
“Support” Language in Trust Prevents Medicaid Eligibility
JANUARY 2005
The Best of Twelve Years of Elder Law
Issues Newsletters
Annuity With Large Lump-Sum Payment Fails Medicaid Test
Infant Remains On Life Support Despite Guardianship Order
Grandmother’s Bid for Either Custody or Visitation Fails
“Beneficiary Deeds” Upheld in Missouri Paternity Challenge
FEBRUARY
2005
Arizona Considers Medicaid Annuity
Regulations Invalidated By New Jersey
Appeals Court Rules Demented Patient Should Not Be Moved
Annuities May Not Be Your Best Investment Alternative
Voting Rights, Guardianship and Conservatorship in Arizona
MARCH 2005
Nurse’s Self-Care Instructions Were Not “Emotional Distress”
Medicaid for Millionaires? Real Long Term Care Planning Issues
Conversations About Burial Plans Can Alter Terms Of Will
Spendthrift Trust Not Available To Satisfy Fiduciary Breach
APRIL 2005
What Have We Learned From The Tragedy of Terri
Schiavo?
Ward Should Be Allowed To Express Wishes, Hire Counsel
Discharge From Nursing Home Must Describe Placement Plans
Wrong Advice From Eligibility Worker Leads to Loss of Home
MAY 2005
Lower Burden of Proof Set for Termination of Parental Rights
Facility Not Liable For Aide’s Failure To Accompany Resident
Grandmother’s Visitation Rights Cut Off After Adoption
In Guardianship, Best Interests Trump Power of Attorney
“Medicaid for Millionaires” Idea Debunked by New Study
JUNE 2005
AARP Study Analyzes Who Pays What Share of Long Term Care
Estate Planning For Unmarried Couples Can Be More Complex
Acceptance of Medicaid Ends Facility’s Lien on Settlement
JULY 2005
HIPAA Rules Not As Sweeping As Most
Professionals Believe
Wisconsin High Court Looks At Interstate Guardianship Issues
Nursing Home’s Transfer of Patient Requires Prior Notice
Kansas Law Requires Banks To Accept Powers of Attorney
AUGUST 2005
Joint Tenancy Bank Account Does Not Qualify As A Trust
Change In Circumstances Does Not Change Clear Terms of Will
Family Member Sentenced To Ten Years For Theft From Senior
Fraudulent Conveyance Laws Used to Void Medicaid Gifts
We Tackle A Reader’s Questions About Special Needs Trusts
SEPTEMBER 2005
Advice On Choosing A Nursing Home For Your Family Member
Social Security Levies $554,196 Fine Against United Seniors
Medicare D, the Prescription Drug Program, Arrives Soon
Arizona’s Managed Long-Term Care Program Did Not Set Pace
OCTOBER 2005
Gift Tax Exemption Will Increase to $12,000 in 2006
Joint Tenancy Is No Substitute For Thoughtful Estate Planning
Disinterment Lawsuits Require Application of Equity Principles
Court Reverses Conviction of Aide in Co-Ed Bathing Case
Medicare HMO May Be Liable For Negligence
By Providers
NOVEMBER 2005
Nursing Home Bears Legal Fees In
Unnecessary Guardianship
Family Agrees To Modify Terms of Will After Death of Signer
Will Favoring Caretaker Valid Despite Later Change of Mind
Dealing With Qualified Plans and IRAs in Your Estate Plan
DECEMBER 2005
You, Too, Can Become a Policy Wonk in
Medicaid Debate
Members of Religious Colony May Not Qualify for Medicaid
Non-Lawyer Trust Preparation Group Fined Over $1 Million
Physicians in Conservatorship Case Should Be “Disinterested”
JANUARY 2004
Special Needs Trust Can Protect Benefits
After Personal Injury
Arizona Restricts Use of “Self-Settled” Special Needs Trusts
Proponent of Invalid Will Must Pay Attorney’s Fees to Family
Fiduciary Duty Not Breached In Limited Conservatorship Case
FEBRUARY
2004
Selection Of Proper Trustee Is Key To Administration Of Trust
Medicaid Beneficiary’s Alimony Payments Allowed to Continue
Ward Has Burden of Proving That Guardianship Should End
Pending Insurance Claim Is Not “Available” to ALTCS Applicant
MARCH 2004
Fleming & Curti Offers Seminar For “Special Needs” Trustees
Court Says HHS Secretary Thompson Acted in Bad Faith
Mother Sues Son Over Transfer of Home and Bank Accounts
Deceased Beneficiary’s Share of Trust Goes to Her Children
Power of Attorney Used to Change Insurance Beneficiaries
APRIL 2004
“Full Faith and Credit” Applies In Two-State Probate Action
Probate Fee Dispute Leads to Additional Attorney’s Fees
Combative Alzheimer’s Patient Not Liable for Injuries to Nurse
LPNs Awarded Damages In Wrongful Termination Case
MAY 2004
Safety For the Older Driver: Is Skills
Training the Answer?
Bank Liable for Exploitation By Branch Manager and Assistant
Court Cases Demonstrate Two Remedies For Elder Abuse
New Uniform Trust Code Does Not Permit Termination of Trust
Court Strikes Down Ashcroft Directive on Assisted Suicide
JUNE 2004
Report From Florida: An Expert Explains
the Schiavo Case(s)
Guardian Ad Litem’s Testimony Causes Reversal of Jury Verdict
Posthumously Conceived Twins Receive Social Security Benefits
Health Directives May Soon Be Stored
on State Internet Site
JULY 2004
Suit Against Charity Alleging Drift From
Principles Dismissed
Grandparents Lose Custody Battle in Nebraska Guardianship
Damages For Personal Injuries Reduced For Medicaid Patients
Court Sets Aside Gifts Made By Agent Using Power of Attorney
AUGUST 2004
The Growing Problem of Hoarding Among the
Elderly
Failure to Fund Trust Leads to Lawsuit Against Attorney
Wife Qualifies for Medicaid Despite Couple’s Oil Wells
Woman’s Living Will Directs Withdrawal of Feeding Tube
Beware Telemarketing Fraud Schemes Aimed at the Elderly
SEPTEMBER 2004
Arizona Relaxes Some Of The Rules On
Special Needs Trusts
Kentucky Court Finally Resolves “Right to Die” Case From 1995
Unsupported Claim of Undue Influence Leads to Sanctions
Florida High Court Strikes Down “Terri’s Law” in Schiavo Case
OCTOBER 2004
HIPAA Doesn’t Require Your Doctor to
Have Bad Manners
Avoiding Guardianship and Conservatorship Proceedings
North Dakota Medicaid Takes Aim Against Annuity Planning
Medicaid Recovers From Wife’s Estate for Care of Husband
NOVEMBER 2004
Lawyer Sues Accountant Over Her Refusal to Work With Him
Medicaid Lien Must Be Paid Before Personal Injury Lawyer
Trust Beneficiary Kicked Off Medicaid Despite Court Ruling
New Medicare Drug Act Increases Payments by Beneficiaries
Online Travel Resources For Those with Special Needs
DECEMBER 2004
Share Your Pet With Local Nursing Home
Residents
Withdrawal of Feeding Tube May Require Court Proceeding
Trustee Of Special Needs Trust Has Discretion On Expenditures
Entire Joint Tenancy Stock Account Counted By Medicaid
JANUARY 2003
Adoption By Grandparents Set Aside Years
Later As Fraudulent
Claim Against Estate Offset By Tobacco
Company Litigation
Court Looks To Exact Words Of Trust To
Settle Trustee Dispute
State Must Formally Adopt Its Medicaid
Estate Recovery Rules
FEBRUARY
2003
Attorney Managing Estate Sued For
Malicious Prosecution
Administrator’s Sentence For
Medicare Fraud Not Reduced
Son Disinherited Because of Felony
Despite Expungement
“Common-Law” Marriage Is
Recognized In Some States
MARCH 2003
Purchase of Life Estate Does Not Gain
Medicaid Eligibility
Medicaid Eligibility Choices May
Require Expert Advice
Older Drivers and State Laws: A Few Things to Consider
Dealing With the Older Driver: Driving
Skills Assessments
Probate Contingency Fee Agreement
Permitted Only If Fee Is Reasonable
APRIL 2003
Powers of Attorney: Draft With Care and
Use as Instructed
State High Court Counts Husband’s
Trust As Available Resource
Two Lawyers Suspended For Including
Themselves in Wills
Two Life Insurance Beneficiary
Designations Require Litigation
MAY 2003
Victim Does Not Inherit Killer's Property
in Murder-Suicide Case
New York Lawyer Disbarred For Financially Exploiting Seniors
Probate Court May Bypass Ward’s
Choice Of Conservator
Beneficiary Change Requires Higher
Mental Capacity Level
JUNE 2003
Attempt to Force Children to Pay Father’s
Hospital Bill Fails
Employee’s Name Taken Off State
Misappropriation List
Joint Tenancy Account May Be Different In
Different States
Wills Usually Are Valid, and Not All
Family Influence is “Undue”
Medicare Patients Entitled To Receive
Investigation Results
JULY 2003
Purchase of Life Interest Does Not Gain
Medicaid Coverage
Trust Salesmen Alleged To Have Pushed
Seniors Into Annuities
Patient’s Daughter Has No Claim
Against Nursing Home
Massachusetts High Court Limits Wards’
Right to Counsel
AUGUST 2003
Judge Hearing Conservatorship Matters Is
"Ultimate" Authority
Guardian of Estate Must Pay Personally
For Copies of Checks
State High Court Strikes Down
Grandparent Visitation Law
Contract Not To Change Will Is Enforceable
Against Estate
SEPTEMBER 2003
Undocumented Aliens Receive Limited
Medicaid Benefits
Multiple Owners Have Equal Interests In
Joint Bank Account
Daughter Who Took Mother’s Money May Owe Nursing Bills
Five Decades After Will Was Written Court Modifies Terms
Guardian Not Permitted To Maintain Divorce Proceeding
OCTOBER 2003
Arizona Adopts New Uniform Trust Code Effective Next Year
Agreement Between Spouses Voided Ten Years After Signing
Probate Court’s Appointment of Agent as
Guardian Reversed
Without “Testamentary Intent” Handwritten Note is Not a Will
NOVEMBER 2003
Special Needs Trust Planning for Children With Disabilities
Home Health Agency Declares Bankruptcy, Blames Medicare
Hospital Gets No Credit For Care Not Paid
By Medicare
Malicious Prosecution Case Against Lawyers Dismissed
DECEMBER 2003
Medicare Changes Will Include Prescription
Drug Coverage
Appointment of “Next Friend” In
Divorce Reversed on Appeal
Lawyer Loses Her Own Case, Faces Bar
Disciplinary Action
CPR Efforts May Have Violated Nursing Home Rights Law
Divorce Court Orders Support For Adult Child With Disability
JANUARY 2002
Massachusetts
First on Modern Conception and Inheritance
States Vigorously Prosecute Medicaid and Medicare Fraud
Unsuccessful Challenge Costs Claimant And
His Attorney
Damages Upheld For Medicare Whistle-Blower
Employee
FEBRUARY
2002
Debts Not Forgiven at Death Without Proper
Documentation
Creditor Files Claim Against Parent’s
Joint Tenancy Account
Court Dismisses Claim Alleging Neglect of
Mother-In-Law
Employer Pays Twice After Guardian
Mishandles Funds
MARCH 2002
"Equitable" Adoption Denied In
Absence of Evidence of Intent
Antenuptial Agreement May Not Avoid Claim Against Estate
Transsexual’s Marriage Ruled Invalid By State Supreme Court
Defendant In Medicaid Fraud Case
Responds To Elder Law Issues
APRIL 2002
Victim Sues Rapist's Previous Employer Over Reference Form
Vulnerable Seniors Increasingly Targeted
For Living Trust Sales
Children "Legally Recognized"
in New York Fail to Inherit in Georgia
Constitution Does Not Protect Against
Poor Estate Planning
Long-Time Companion Is Not Entitled To
Share of Estate
MAY 2002
Contract For Legal Services On Behalf of
Minor May Be Voidable
Guardian Ad Litem Appointed For
Incapacitated Litigant
Widow Awarded Attorney’s Fees In Action
Against Estate
Feeding Tube Withdrawn From Patient
With No Living Will
JUNE 2002
Trustee in Fee Dispute Must Repay a Share
of Bank Profits
Stockbroker Faces Both Criminal Charges
and SEC In Theft
Home Care Suggestions From A National Elder Law Expert
JULY 2002
Nurse’s Aide Disciplined Based On
Deceased Patient’s Affidavit
Medicaid Eligibility Lost After
Recipient Moves From District
Payments In Annulment Case End With
Death of Ex-Husband
Court Denies Guardianship Petition
Based on Power of Attorney
AUGUST 2002
State High Court Allows Gift of Home Using Power of Attorney
$1.3 Million Award Upheld Against Nursing
Home Doctor
Nursing Home Fined $320,000 Over Care
of Ventilator Patients
Bank May Be Liable For Loss Caused By
Fiduciary Breach
SEPTEMBER 2002
Failure to Claim Share of Estate Results
In Medicaid Ineligibility
Unsigned Will Invalid Despite
Clear Intentions of Decedent
Niece’s
Will Contest Dismissed Because She Lacked Standing
Federal Court Approves State’s
Medicaid Drug Savings Plan
Two California Cases Illustrate Types
of Elder Abuse, Neglect
OCTOBER 2002
What Can Be Done About Driving Skills As
We Age?
Death of Husband Ends Wife’s Right
To Spousal Maintenance
Dealing With Impaired Driving Skills
In Aging Family Members
Claim Against UTMA Custodian For
Taking Funds Filed Too Late
NOVEMBER 2002
Property Owned In Living Trust
Is Not Affected By New Will
Medicaid Entitled to Recover From Pain
and Suffering Claim
Promise Made To Companion Enforceable Against Estate
Beneficiary of Unsigned Will Not Permitted
to Sue Attorney
DECEMBER 2002
Lawyer Never Met With Client,
and Will He Prepared Is Invalid
Fund Earmarked For Nursing Homes Frozen In Budget Crisis
Bankruptcy Court Discharges Trustee’s
Liability for Breach
Juvenile Court Appointment of Guardian Ad
Litem Reversed
Wrongful Death Claim Not Available to
Decedent’s Estate
JANUARY 2001
Grandparent
Visitation Rights Upheld In Arizona Court Case
False Application
Info Results in Rescission Of LTC Insurance
Children’s Suit
Against Lawyer Over Trust Drafting Dismissed
Home Repair Scam
Leads To Twenty-Five Year Jail Sentence
Sixteenth Century
Statute Reviewed By Colorado Courts
FEBRUARY
2001
Widow
Is Impoverished, But Prenuptial Agreement Stands
“Intentional
Interference” Tort Claim Recognized in Alabama
Evidence Rebuts
Presumption Of Paternity For Social Security
Wife Sues Lawyer
For Failing To Advise Disclaimer Of Insurance
MARCH 2001
Patient’s
Right To Refuse Blood Upheld, Though Posthumously
Court Can Order
Reduction Of Personal Representative’s Fees
Family Feud
Consumes Millions And Leads To Court Sanctions
Federal Law on
Beneficiaries Overrides State Divorce Rules
APRIL 2001
Adoption
Cuts Off Automatic Inheritance From Grandmother
Facility May Be
Liable In Sexual Assault By Unsupervised Aide
Two Taxpayers
Learn “Sham” Trusts Will Not Shelter Income
Court Approves
Withdrawal Of Life Support In Florida Case
Arizona
Legislature Adopts Real Estate “Beneficiary Deed”
MAY 2001
Questions
and Answers About Arizona’s “Beneficiary Deed”
Déjà Vu: Another
AZ Public Fiduciary Charged In Thefts
Guardian Of Estate
Does Not Have Power To Revoke Trust
Small Life
Insurance Policies Complicate Medicaid Eligibility
JUNE 2001
Marriage
Involving Transsexual Challenged By Decedent’s Son
What Estate Tax
Repeal Means For Most Taxpayers: Not Much
New Tax Law Will
Mean More Planning Is Necessary, Not Less
Publishers
Clearing House Must Cooperate With Iowa Investigation
JULY 2001
Yet
Another Tax Protestor Finds Trusts Are No Magic Tax Shield
Lawyer Must Follow
Impaired Client’s Wishes In Most Cases
California Court
Says Patients Can Sue Medicare HMOs
Heir Sues Agent
For Adding Beneficiaries To Bank Accounts
States Differ On
Grandparents’ Rights To Visit Grandchildren
AUGUST
2001
Court
Win For Innovative Drug Cost Control Program In Maine
Court
Refuses Permission For Withdrawal Of Feeding Tube
Neighbor
Who Volunteered Help May Not Sue For Injuries
Power of Attorney Does Not Always Avoid
Conservatorship SEPTEMBER
2001
“Simultaneous
Death” Laws In Conflict For Insurance Payout
Nursing Home May Sue On Surety Bond For
Nonpayment
"Trust Mill" Shut Down, But State
Pays Parent Company
Medicaid Underpays Nursing Homes By $9 Per
Patient Day
OCTOBER
2001
Prenuptial
Agreement Is Valid Despite Wife's Failure To Read
Probate Court Lacks Authority To Seize
Lawyer's Property
Evidence of Living Will Intent Must Be
Clear and Convincing
Eligibility, Benefits Figures Increase With
Cost of Living
Grandson's Creditors Can Not Reach
Spendthrift Trust Assets NOVEMBER
2001
Americans
With Disabilities Act Overrides Local Zoning Rules
Cremation Approved
Despite Objection From Next of Kin
Unsigned Deed Effects Transfer
Despite "Statute of Frauds"
Claimant In Will Contest
Not Entitled To Trial By Jury
DECEMBER 2001
Sons
Inherit From Father Even After Adoption By Step-Father
Husband Kills Wife, But His Family Inherits From
Her Estate
Lawyer/Draftsman
Not Liable for Agent's Misappropriations
Medicare+Choice
Benefits Are Permitted To Vary By Region
Assisted Living Facility May Be Liable For
Death Of Resident
JANUARY
2000
Nursing
Home Must Disclose Personnel Records, Pay Fine
Prenuptial Pact
Prevents Wife’s Claim Against Probate Estate
Grandparents’
Court-Ordered Visitation Rights Under Review
Expert Testimony
Required In Lawsuit Against Nursing Home
Phoenix Leader In
Private Fiduciary Industry Goes To Jail
FEBRUARY
2000
Despite
Dementia Diagnosis, Wyoming Man’s Will Is Valid
Premarital
Agreement Protects Husband From Wife’s Creditor
Daughter Has
Priority For Appointment As Guardian Despite Conflicts
Physical Restraint
Of Nursing Home Patients Limited By Law
MARCH 2000
Appellate
Court Ruling May Allow Feeding Tube Removal
Trial Court Must
Decide If Deed Obtained By Undue Influence
Bequests To
Disabled Children Should Be In Special Trusts
Adult Home
Operator Pleads Guilty In Death Of Resident
APRIL 2000
Ward
Ordered Returned To Minnesota Despite Her Wishes
Woman’s
“Holographic” Will Is Valid But Costly To Interpret
Home Owner Wins
Return Of Property From Step Children
Family Members
Permitted To Ignore Decedent’s Burial Plans
MAY 2000
“Wrongful
Prolongation of Life” Suit Dismissed In Indiana
Martin Luther King
Killer’s Brother Fails In Attempt To Get Rifle Released
Professionals Must
Report Abuse Of Vulnerable Adults
Court Invalidates
“Power of Appointment” In Home Deed
Failure To Seek
Lawyer’s Advice Can Be Foolish—And Expensive
JUNE 2000
Arizona’s
“Orange Form” Permits Withholding Of CPR
House Passes
Estate Tax Repeal Bill, But Its Future Is Uncertain
Indiana Nursing
Home Patient Not Liable For CNA’s Injuries
Illegitimate Son
Of Long-Dead Blues Singer Receives Royalties
JULY 2000
Lawyer
For Proposed Ward Must Advocate Client’s Wishes
Agency Mistake No
Basis For Retroactive Medicaid Eligibility
Family Charges
Physician With Neglect In Supervision Of Care
Will Omission Does
Not Entitle Estranged Son to Inheritance
Government Reports
Nursing Home Staffing Is Inadequate
AUGUST
2000
More
On DHHS/HCFA Report Of Nursing Home Staff Shortages
“Common Law”
Trust Provides No Shield Against Lawsuit
Long Term Care
Industry Must Be Accountable, Says Advocate
Trust Under
Jurisdiction Of One State Despite Ties To Another
SEPTEMBER
2000
First
Wife Receives Retirement Account As Required By Divorce
Florida Woman
Chooses Own Lawyer In Guardianship Action
“Inartfully
Drafted” Will Leads To $500,000 Estate Tax Dispute
Only Preponderance
Of Evidence Required To Disinherit Killer
OCTOBER
2000
Conservator’s
Self-Dealing Set Aside Despite Court Approval
Arizona Community
Property Is Not Always Subject To Probate
The Elder Law
Answer Book: A New Resource For Practitioners
Conservator Not
Liable For Failure To Secure Medicaid Coverage
Same-Sex Couples
Can Face Higher Estate Tax Liability
NOVEMBER
2000
Purchase
At Tucson Estate Sale Generates $574,730 Profit
Unlike Arizona,
Oregon Power of Attorney Effective for Gifts
Medicare HMOs
Continue To Cut Programs Across Country
Medicaid
“Transfer” Is Incomplete Until Joint Owners Withdraw Funds
DECEMBER
2000
Paternity
Question Raised In Probate Thirty Years Later
Retirement Plan
Beneficiary Designation Controls Despite Will Provisions
Tube Feedings May
Not Help Emaciated, Bed-Ridden Patient
State Medicaid
Program Must Pay For Woman’s Knee Surgery
JANUARY 1999
Medicaid Recovery Claimed Even
After Death of Spouse
Special Needs Trust Created Too
Late; Funds Go To State
Father's Promise To Establish
Trust Enforceable After Death
Three Common Myths About Paying
For Nursing Home Car
FEBRUARY 1999
Placing Home And Accounts In
Child's Name May Be Mistake
Bills Pending In AZ Legislature
Would Affect Seniors' Care
Nursing Home May Be Liable For
Punitive Damages In Death
Grandparents Given Visitation
Rights After Death of Daughter
MARCH 1999
Living Trusts Are Valuable Tools
Alright, But Watch That Pitch
Will Contest Loses, But Friends
Not Charged With Legal Fees
Surviving Parent Not Entitled To
Custody Of Disabled Child
Attorney And Innocent Client
Killed Over $100,000 Will Error
Congressional Report Criticizes
Monitoring Of Nursing Homes
APRIL 1999
California Court Decides Adult
DD Patient May Be Sterilized
Texas Home Care Worker's
"Slip And Fall" Claim Fails
Jury Finds Undue Influence,
Mistake In Will Of 86-Year-Old
Montana Court Orders Return of
Kansas Woman's Accounts
MAY 1999
Emergency Room Physician Must
Heed Patient's Refusal
Guardians Given Power To Seek
Mental Health Care For Wards
Bipartisan Commission Fails To
Propose Medicare Reforms
Serviceman Killed By Wife; Her
Son Receives Insurance Payout
Testator Partially Revokes Will
By Handwriting On Original
JUNE 1999
California Ordered To Defend
Disability Payment Structure
Arkansas Will Is Invalid Because
One Witness Is Under Age
Agreement To Convey Half
Interest In Home May Be Valid
"Early Retirement"
Program Discriminates On Basis Of Age
JULY 1999
Generic Living Will May Not
Prevent Life-Sustaining Care
Telemarketers Convicted For
Fraudulent Sales Techniques
Will Was Not Revoked By Written,
Signed "Revokation"
Decision To Forego Surgery Also
Requires Patient Consent
AUGUST 1999
Medicaid Eligibility Sometimes
Requires Legal Assistance
Disinherited Sister Has No Claim
Against Brother's Lawyer
Developmentally Disabled Man
Dies Before Court Decides His Fate
Insurance Saleswoman Unduly
Influences Wisconsin Man
Failure To Plan May Result In Court Naming
Surrogates
SEPTEMBER 1999
Bank Not Liable For Mistakes Made By Witnesses,
Notary
Codicil To Will Valid Despite Questions Raised
By Witness
Will Prepared By Bookkeeper Valid–Contestants Disinherited
“Fifty and Beyond” Is A Lively, Fact-Filled
Elder Law Resource
OCTOBER 1999
Oregon Doctor Disciplined For Inadequate
Treatment Of Pain
“Informed Consent” Duty Not Satisfied When Doctor Lies
Patient’s Bill of Rights Also
Protects Employee From Firing
Housing Project Allowed To Refuse Mentally Ill
Applicant
NOVEMBER 1999
Federal Initiative Combats Medicare and
Medicaid Fraud
Mother’s Incapacity Does Not Force Trustee To Account
“Upscale” Facility Qualifies For Iowa
Property Tax Exemption
Bankrupt Wins Damages For Bank’s Foreclosure
Proceeding
Jury Awards $1 In Freezing Death Of Demented Patient
DECEMBER 1999
Bank Is Not Liable For Alleged Mismanagement Of
Account
Housing Complex May Be Held Liable Despite
Public Funding
New Law Penalizes Gifts By SSI Applicants But
Permits Trusts
State Court Declines To Act On Medicare HMO Denial Of Care
JANUARY
1998
"Undue Influence" In
Arizona: Examples From Court
What To Do When Emergency
Resuscitation Is Unwanted
Power of Attorney Includes
Gifting Authority As "Transfer"
Arizona Legislature
Considers Measures Affecting Seniors
FEBRUARY
1998
Surviving Spouse Revokes
Trust--Children Disinherited
Powers of Attorney Are Both
Powerful And Dangerous Tools
More On Value, Limitations Of
Durable Powers of Attorney
Adult Care Home
Operator In Las Vegas Charged With Abuse
MARCH
1998
Marital Separation Does Not
Invalidate Utah Woman's Trust
Florida Man's Will Presumed
Invalid: He Had A Guardian
Wisconsin Man Must Live With His
Medicare Part B Choice
Ward Need Not Pay Legal Fees For
Successful Guardianship
Petition Is Dismissed,
But Nephew Must Pay Aunt's Fees
APRIL
1998
"Trust Mills" May Not
Have Best Estate Plan For You
Granny's Lawyer Not Going To
Jail--At Least Not Right Now
Multiple Original Wills Lead To
Uncertainty About Intentions
Lawyer, Ward Both
Entitled To Be At Guardianship Hearing
MAY
1998
Insurance Company Fails To
Observe Divorce, Pays Twice
Kansas Lawyer Attempts to
Deceive Medicaid, Is Censured
Studies Address Living Longer,
Chronic Illness At End Of Life
Arizona Woman Given
Power To Amend Trust, Fire Trustees
JUNE
1998
Appointment of Conservator May
Not Prevent Exploitation
Divorce Settlement Upheld;
Woman's Estate Keeps $300K
New Medicare Handbook Due Soon,
But May Be Confusing
Annuities Can Be Tool For
Obtaining Medicaid Coverage
Phoenix-Area Adult
Care Home Closed By State Health Agency
JULY
1998
Promise Not To Change Will Is
Enforceable--Trust Also Fails
Arkansas Woman Removed From Role
In Mother's Estate
Court Permits GM To Charge
Retirees For Some Health
Friends Help Draft
Will, But Do Not Benefit From Bequest
AUGUST
1998
Long Term Care Costs May Be
Deductible For Income Taxes
Lack Of Advance Directive
Contributes To Family Tragedy
California Nursing Home Is
Charged With Abuse, Neglect
Arizona Powers of Attorney Must
Meet New Requirements
Changes In Arizona Law
Affect Elders, Children's Estates
SEPTEMBER
1998
Organ Donation Mistake Does Not
Give Rise To Legal Liability
"No Contest" Clause In
Will Requires Court Interpretation
Stroke, Paralysis Do Not Prevent
Revocation of Will
Two Years Later, Widow
Must Pay Husband's Hospital Bill
OCTOBER
1998
Adoption of Adult Niece Does Not
Permit Double Inheritance
Relatives Who Arranged For Trust
Are Sued for Interference
Kansas Doctor
Convicted of Murder in End-Of-Life Cases; Reversal On Appeal
NOVEMBER
1998
State Veterans Agency Accused Of
Mishandling Fiduciary Unit
Estate Closed, But Bonding
Company Still Liable On Claim
Bigamous Spouse
"Estopped" From Claiming Share of Estate
Though Often Helpful, Reverse
Mortgages Sometimes Abused
Washington Divorce Set
Aside Based On Fraud By Decedent
DECEMBER
1998
Iowa Woman Sues Insurance Agent
For Error In Estate Plan
Eligibility and Benefits Limits
Will Increase For Government Programs
Virginia Woman's Gift
of Home Not Changed By Later Will
JANUARY 1997
Michigan City's Exclusion of
Adult Care Home Reversed
Gifts By Medicaid Applicants Are
Not The Problem, Study Says
Phoenix Seminar on Preventing
Abuse, Neglect, Exploitation
Long Term Care Insurance: Who
Needs It? Which Policy?
FEBRUARY 1997
Guardianship Fees Deducted From
Patient's "Share of Cost"
Arizona Court Defers Decision On
Georgia Man to Georgia
Age Discrimination Not Shown By
Two Former Executives
Phoenix Veteran's Conservator
Must Provide Details Of Care
MARCH 1997
Georgia/Arizona Guardianship
Dispute: An Update
Florida Man's Death May Lead To
Claim Against Fiduciary
Illinois Woman's Death Does Not
Give Rise To Family Claim
New Will Does Not Necessarily
Change Prior Living Trust
Electroconvulsive Therapy
Rejected For Illinois Woman
APRIL 1997
New Studies Show Children As
Caregivers For Aging Parents
Where There's a Will, There's
Often a Way To Get It Wrong
Myths About Trusts, Taxes and
Estate Plans Are Also Common
Violent Heir May Not Disclaim
Inheritance to Cheat Victim
MAY 1997
Agent Transfers Assets To Self
Despite Lack Of Gifting Power
Arizona Revises Guardianship And
Conservatorship Laws
Mohave Public Fiduciary Pleads
Guilty, Faces Certain Jail Time
New York Woman's Living Will
Honored Seven Years Later
JUNE 1997
Challenge To New Federal Law
Dismissed: It's Unenforceable
Too Much Income? Medicaid May
Still Be An Option
Mom's Life Insurance Proceeds
Placed In Trust For Daughter
Proposals for Medicare Reform
Advance In House, Senate
Poor Investment Choice Costs New
York Bank $1.2 Million
JULY 1997
Ethics Committee Formed:
Considers Dehydration Issue
Minor's Guardian Charged Too
Much, Says New York Court
Medical Journals Criticize
Health Care Financing System
Father's Oral Promise To Will
All To Son May Be Enforced
AUGUST 1997
Attorneys Now Risk Jail For
Explaining Medicaid to Elders
Phoenix Attorney Convicted Of
Theft From Estates Of Elderly
Federal Balanced Budget Law
Includes Beneficial Provisions
Revocable Trust Shields Farm
From Wisconsin's Claim
SEPTEMBER 1997
Phoenix Millionaire's Wife Held
To Account As Attorney-In-Fact
Family Caregiving On The Rise;
Final-Year Medical Cost Is Not
Local HCBS Program Provides
Alternatives to Nursing Homes
Will Upheld Despite Conspiracy
Claim Against Bank and Family
HMO May Be Sued For Failure To
Disclose Financial Incentives
OCTOBER 1997
Reverse Mortgages Can Make Home
Care Possible for Elders
Nursing Home Permitted To
Discharge Aggressive Resident
Couple's Agreement To Leave All
To Each Other Enforceable
Phoenix Woman's Claim For
Injuries Survives Her Death
NOVEMBER 1997
1998 Figures Released for
Federal Entitlement Programs
Two Cases Find Attorneys Not
Liable For Estate Plan Advice
High Standards Of Conduct
Imposed On Fiduciaries
Pre-Death Transfers By Two
Seniors Invalidated As Frauds
DECEMBER 1997
Montana Woman's Will, Deed To
Home Both Held To Be Valid
New York State Bar Challenges
"Granny Goes To Jail"
Nursing Home Chain Hit For $54.6
Million In Patient's Death
Nomination of Guardian By Ward
Overrides Wife, Friend
Will Contests Not Frequent,
Cheap or (Often) Successful
JANUARY 1996
ECT Treatment Considered by
Courts In Two States
(Elder) Figures Never Lie ...
Transfer Penalties for Medicaid
Recipients
Long Term Care Insurance: A
Primer and Review
Tax Refunds, Unclaimed
For Years, May Be Lost
FEBRUARY
1996
Population Trends Among The
Elderly In America
Private Fiduciary Appointed
Because Of Family Fight
Worthless Policy Costs Insurer;
Air Ambulance Not Covered
Gift By Agent Under
Power of Attorney Reversed By Court
MARCH
1996
Assisted-Living Facilities Prove
To Be Financial Winners
Major New Developments In
Physician- Assisted Suicide
Nursing Home Resident Is Not
Liable for Injuries to Nurse
Louisiana Rule On
Retroactive Medicaid Payments Invalid
APRIL
1996
New York Times: Tucson "A
Model For Medicare's Future?"
Lifetime Transfers By Elderly
Patient Upheld After Death
Family Caregivers: Elder Care in
a Post-Federal Era?
Different Trusts May Affect
Medicaid Eligibility Differently
Nursing Home Costs
Hospital Admissions and Hospice Use
MAY
1996
Arizona Legislature Makes Small
Changes for Elders
Federal Budget Battles Again
Focus on Medicare, Medicaid
Fraud Found By
Government In Medicare and Medicaid
JUNE
1996
"Insane Delusions"
Invalidate Will of Arizona Woman
Quitclaim to Children Not
"Fraudulent" Transfer
Health Care Providers Sued for
Unwanted Treatment
Medicaid Estate Recovery Applied
to Late-Acquired Assets
Will Your End-of-Life
Health Care Wishes Be Honored?
JULY
1996
Where There Is No Will Is There
Still A Way?
Two Reports Raise Concerns for
Medical Care of Elderly
Frequency of Dementia Varies By
Age Diagnosis Placement
Conservator Should Not Change
Ward's Estate Plan
Seniors May Be Unable
to Buy Long Term Care Insurance
AUGUST
1996
Agent May Not Lien Parents' Home
for Personal Loans
Congress Says Some Medicaid
Planning Is A Federal Crime
PA Federal Court
Settlement May Affect Arizona's ALTCS
SEPTEMBER
1996
Want to Leave Your Estate to Fido? Now You Can!
"Letter To The
Editor": Long Term Care for the Poor
Bank Liable to Victimized Heirs
For Participation in Plan
Singapore's Legal Laboratory for
"Family Responsibility"
Hospital Outpatient
Costs Not Limited by "Reasonableness"
OCTOBER
1996
Minnesota Protective Agency Not
Liable for Failure to Act
Bad Tax Advice Leads to Suit
Against Lawyer Accountant
Court Denies Family Claim For
Unwanted Medical Treatment
Life Insurance Beneficiary
Change by Agent Disallowed
NOVEMBER
1996
California Nursing Chain Must
Change "Guarantee"
Tucson Judge Orders Medicare to
Improve HMO Notices
Health Care Agent Overruled By
Temporary Guardian
Health Insurance
Reform: What the New Law Does
DECEMBER
1996
Man Under Conservatorship May
Still Make New Will
Florida Woman's Guardianship Not
Decided By Massachusetts
Tucson Woman, Fed By Tubes, Kept
Alive Despite Living Will
Family Care-Givers of Elderly
Recognized for Budget Impact
HMO Patient's
Survivors Not Limited To Medicare Appeal
JANUARY 1995
Age Bias Case
A Tale of Two Trends
Five Legal Myths About Advance
Directives
Five More Myths About Advance
Directives
Arizona's White House Conference
on Aging
FEBRUARY 1995
More AZ White House Conference
on Aging
More AZ White House Conference
on Aging
Arizona White House Conference
on Aging
Arizona White House Conference
on Aging
MARCH 1995
"Do Not Resuscitate"
Tattoo
Recent Court Cases
Recent Court Cases
Injuries to Nursing Home Aides
APRIL 1995
White House Conference on Aging
White House Conference on Aging
(Cont'd)
White House Conference on Aging
(Conclusion)
ALTCS Eligibility Ordered
MAY 1995
Medicare HMOs
HMOs and Hospice
Recent Court Cases
Joint Tenancy Pitfalls
Euthanasia Down Under
JUNE 1995
White House Conference on Aging
Results
Medicare Fund Shortfall:
Statement of the Problem
Recent Cases Involving Estate
Recovery Issues
Reporting of Abuse, Neglect and
Exploitation
JULY
1995
Investigations of Abuse, Neglect
and Exploitation
Misuse of Durable Powers of
Attorney
Generalizations About
Generations
Elder Law Court Cases
Nursing Home May Not Bill After
Refusing to Honor Living Will
AUGUST 1995
Formal Elder Care Programs Not
In Most Business' Future
Annual Increases Predicted for
Medicare Premiums
Elder Law Q&A
Oregon's "Death With
Dignity" Act Stricken By Federal
SEPTEMBER 1995
Elder Law Q&A
Jury Awards On Rise For Elderly
Victims of Poor Nursing Care
Minority Elderly Poorer Than
Popularly Believed
Recent Elder Law Cases Related
To Medicaid
OCTOBER 1995
Medicare and Medicaid
"Reform" Proposals
Rights of Grandparents to
Visitation, Custody
Congressional Activity Steps Up
As Senate Debates Cuts
Group Homes, Retirees Win in
Separate Court Decisions
New Will, Signed While Dying In
Hospital, Ruled Invalid
NOVEMBER 1995
Support for Spouses of Medicaid
Recipients
Court Voids Joint Tenancy
Transfer To Effect Will
Treatment Decision May Not
Depend On Living Will
Legislative Initiatives
Affecting Elderly Clients
DECEMBER 1995
DPOA Used To Transfer Property;
Court Reverses Act
Patient's Treatment Wishes
Usually Ignored, Study Says
Medicaid Reform: "Family
Responsibility" Laws
New Figures Released For 1996,
ALTCS Eligibility
JANUARY 1994
The Cost of Dying
Standards for Adult Day Care
Centers
Dementia and Art
The Public Fiduciary
ALTCS and Community Resources
FEBRUARY 1994
Recent Court Cases
"Figures Never Lie
..."
Elder Care in the Workplace
Elderly May Not Want CPR in All
Cases
MARCH 1994
Indictment of Fiduciary
Medicaid Liens in California
Heart Surgery Benefits Elderly
Intergenerational Warfare?
APRIL 1994
The Federal Budget
Recent Court Cases
Recent Court Cases
MAY 1994
Health Costs Rise
MMMNA Increased
Independent Social
Choosing a Caregiver
Choosing a Caregiver
JUNE 1994
Choosing a Caregiver
Estate Recovery
Shortage of Geriatrics
Specialists
Legislative Changes
JULY 1994
Legislative Changes II
Diet, Exercise Aid Elderly
Sex Among the Elderly
AUGUST 1994
Inappropriate Drugs For The
Elderly
More Legal Myths
Recent Court Cases
Recent Court Cases
More Recent Court Cases
SEPTEMBER 1994
Zinc and Alzheimer's
Local Alzheimer's Support
Project
Medicare Fraud/Where There's a Will...
Voting Rights and Guardianship
OCTOBER 1994
Hospice and Medicare
Recent Court Cases
More Court Cases
Arizonan Wins Award
Elderly on Mailing Lists
NOVEMBER 1994
Medicaid/ALTCS
All That Jazz
1995, ALTCS Figures
Staying Mentally Alert
DECEMBER 1994
Medicare Cost Increase
Why Living Trusts?
Nursing Home Insurance
Recent Court Cases
NOVEMBER 1993
New Medicaid Rules
Guardianship and Conservatorship
DECEMBER 1993
Long Term Care Insurance
Health Care Reform
Ethical Disagreement
The "Vanishing" Income
Cap
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