SEPTEMBER 27, 1999 VOLUME 7, NUMBER 13 Non-lawyers are sometimes surprised when lawyers acknowledge that the legal system is not well-suited to some kinds of problems. That surprise will probably turn to astonishment at the suggestion of two elder law practitioners in a new book published this week: We begin, however, with this short cautionary…
SEPTEMBER 20, 1999 VOLUME 7, NUMBER 12 Six days before he died, Arizonan Ralph Shumway signed a new will. Rather than consult a lawyer to prepare the will, Mr. Shumway had relied on his bookkeeper, Adelida Vega Rodriguez, to prepare the document for him. Because the will she prepared left one fourth of Mr. Shumway’s…
SEPTEMBER 13, 1999 VOLUME 7, NUMBER 11 Last week Elder Law Issues reported on the Tennessee case of Cleon Cooke, in which bank customer service representatives apparently did not know how to properly witness and notarize a will according to state law (“Bank Not Liable For Mistakes Made By Witnesses, Notary”). Sometimes the problem is the…
SEPTEMBER 6, 1999 VOLUME 7, NUMBER 10 Witnesses are required for a number of legal documents, including wills (in most cases), powers of attorney and health care directives. Most lawyers recommend not having family members witness legal documents, since questions may later be raised about the signer’s competence, or the possibility of undue influence. It…
AUGUST 30, 1999 VOLUME 7, NUMBER 9 When an adult becomes incapable of handling his or her own personal and financial affairs, someone must step forward and pay bills, make medical decisions and handle a host of daily decisions. Court proceedings, agency investigations and the plans made by the adult before becoming incapacitated will all…
AUGUST 23, 1999 VOLUME 7, NUMBER 8 Vanessa Henningfeld first met 71-year-old George Milas when she visited his Wisconsin home to sell him a long-term care insurance policy. The two of them quickly became friends. Mr. Milas had a number of problems to deal with. He had a heavy Lithuanian accent that made it hard…
AUGUST 16, 1999 VOLUME 7, NUMBER 7 Though once viewed as slightly out of the mainstream of American thought, the “right-to-die” movement has become widely accepted today. Few would argue with the notion that a competent patient has the right to refuse life-sustaining treatment, even when the medical community collectively believes that the treatment should…
AUGUST 9, 1999 VOLUME 7, NUMBER 6 Walter Heine never married and never had children. His closest relative was his sister, Alma Francis. In 1987, after Mr. Heine suffered a stroke, the Minnesota courts appointed a conservator to handle his money. Before his stroke, Mr. Heine had never gotten around to making out a will.…
AUGUST 2, 1999 VOLUME 7, NUMBER 5 Bipin Shah worked in New York as a chemical engineer. Along with his wife Kashmira and their two children, Mr. Shah lived in New Jersey. On August 1, 1996, while working in Suffolk County, New York, Mr. Shah suffered a serious head injury, resulting in his hospitalization in…
JULY 26, 1999 VOLUME 7, NUMBER 4 Jean Matthies was eighty-one years old when she fell and broke her hip. She had been living alone in her apartment in Union City, New Jersey, and had been quite independent. She did her own shopping, cooking and housecleaning. But with a fractured hip, she could not even…