JULY 21, 2003 VOLUME 11, NUMBER 3 Helen Hosta of Cuyahoga County, Ohio, was admitted to Century Oak Care Center in February 2001. Mrs. Hosta was unable to sign the Century Oak admission agreement, so her daughter, Roberta, signed for her. After Mrs. Hosta’s Medicare coverage ran out in March, 2001, her daughter Roberta and…
JULY 14, 2003 VOLUME 11, NUMBER 2 Philip Klein thought he was getting estate planning advice. At first he probably didn’t realize he was also talking to an insurance agent. His children ended up suing the agent, the insurance company and the “estate planning services” firm employing the agent. Mr. Klein was 85 years old…
JULY 7, 2003 VOLUME 11, NUMBER 1 Qualifying a family member for Medicaid assistance with the cost of nursing home care can be complicated. When Pat Monroe’s mother went into a nursing home in Arkansas, Ms. Monroe had a clever idea: she had her mother buy an interest in her own home. Unfortunately for her…
JUNE 30, 2003 VOLUME 10, NUMBER 52 Like other patients, Medicare beneficiaries sometimes receive poor medical care. When a Medicare patient complains about the quality of his or her care, federal law mandates a formal review process. It also requires that the patient be informed of the results of that review. Until a recent federal…
JUNE 23, 2003 VOLUME 10, NUMBER 51 Occasionally a successful and colorful will contest is profiled in Elder Law Issues. EL Issues reported in 1996 that Dorothy Killen’s will was deemed invalid in an Arizona court due to Ms. Killen’s “’insane delusions’” about her truly kind relatives she believed to be Mafia killers. (May 27,…
JUNE 16, 2003 VOLUME 10, NUMBER 50 In January 2002, Family Services, Inc. (FSI), of Barron County Wisconsin was appointed to serve as guardian of the estate of Emma W. (Arizona and some other states use “conservator of the estate” to mean the same thing.) At that time, Emma W. owned her home, had a…
JUNE 9, 2003 VOLUME 10, NUMBER 49 Financial exploitation of vulnerable seniors is widespread. The problem even arises in controlled settings like adult care homes and nursing homes. That is why the State of Missouri took some extraordinary steps to try to curb financial abuses in institutional settings. The Missouri Department of Health and Senior…
JUNE 2, 2003 VOLUME 10, NUMBER 48 Are adult children liable for the medical care of their parents? Several states (not including Arizona) have laws that attempt to impose what is sometimes called “family responsibility” or “filial responsibility” on children for the care of indigent parents. A recent South Dakota case provides a little insight…
MAY 26, 2003 VOLUME 10, NUMBER 47 An individual must be mentally competent before making a valid will, signing a contract or executing almost any legal document. Confusion often arises because the level of competence required may vary depending on what sort of document is being signed. Take the case of Agnes Marquis of Bangor,…
MAY 19, 2003 VOLUME 10, NUMBER 46 When a person is no longer able to manage his or her own affairs, it may be necessary for a court to appoint a guardian (of the person) or conservator (of the estate). Who should be appointed? In most states the courts start from the presumption that family…
