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Author Archives: Robert Fleming

Adoption of Adult Niece Does Not Permit Double Inheritance

Newsletter, Tucson Elder LawBy Robert FlemingOctober 5, 1998

OCTOBER 5, 1998 VOLUME 6, NUMBER 14 It is possible in many states (including Arizona) for one adult to adopt another adult. In the most common instances, a stepparent will adopt his or her spouse’s adult child, often after having raised the child from an early age. Occasionally, however, adult adoption is used for other…

Two Years Later, Widow Must Pay Husband’s Hospital Bill

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 28, 1998

SEPTEMBER 28, 1998 VOLUME 6, NUMBER 13 When Thomas Caldwell became ill, he was taken to the local hospital in Lake Havasu, Arizona. When his illness turned out to be too serious for the regional medical center, he was transported to Phoenix’ Good Samaritan Hospital. His wife Delores Caldwell was asked to sign the admission…

Stroke, Paralysis Do Not Prevent Revocation of Will

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 21, 1998

SEPTEMBER 21, 1998 VOLUME 6, NUMBER 12 Many court cases deal with the level of capacity required to make a valid will. From Maryland now comes a case dealing with the capacity to revoke an existing will. Doris and Max Showe married in 1978. Both had been married before; Doris had one son (William) and…

“No Contest” Clause In Will Requires Court Interpretation

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 14, 1998

SEPTEMBER 14, 1998 VOLUME 6, NUMBER 11 James Ferber knew something about probate proceedings. The California man had been personal representative for his father’s estate, and did not have positive feelings about the proceeding. Due to several family quarrels (and one lawsuit filed against James over his handling of the probate), the estate was open…

Organ Donation Mistake Does Not Give Rise To Legal Liability

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 7, 1998

SEPTEMBER 7, 1998 VOLUME 6, NUMBER 10 Heather Lynn Ramirez died after a tragic one-car accident on March 22, 1995. Prior to her death, she had been transported to Tucson Medical Center, one of Tucson’s more prominent hospitals. Shortly after her death, a TMC social worker approached the family about the possibility of donating some…

Changes In Arizona Law Affect Elders, Children’s Estates

Newsletter, Tucson Elder LawBy Robert FlemingAugust 31, 1998

AUGUST 31, 1998 VOLUME 6, NUMBER 9 Last week in Elder Law Issues we reported on changes in Arizona’s law governing durable powers of attorney. We explained that financial powers of attorney must now include specific language and provisions, or they may be invalid. The change was one product of the annual legislative session, completed…

Arizona Powers of Attorney Must Meet New Requirements

Newsletter, Tucson Elder LawBy Robert FlemingAugust 24, 1998

AUGUST 24, 1998 VOLUME 6, NUMBER 8 This month, two new laws governing powers of attorney became effective in Arizona. While the changes will not have much effect on existing powers of attorney, they may make new documents invalid, particularly when computerized forms (or forms prepared by lawyers who have not kept abreast of the…

California Nursing Home Is Charged With Abuse, Neglect

Newsletter, Tucson Elder LawBy Robert FlemingAugust 17, 1998

AUGUST 17, 1998 VOLUME 6, NUMBER 7 A nursing home in the Sacramento, California, area is the latest to be targeted for abuse and neglect of its elderly residents. Ironically, the new reports of mistreatment come on the heels of a federal government study which pointed to severe shortcomings in the regulation of California nursing…

Lack Of Advance Directive Contributes To Family Tragedy

Newsletter, Tucson Elder LawBy Robert FlemingAugust 10, 19981 Comment

AUGUST 10, 1998 VOLUME 6, NUMBER 6 In 1993, Robert Wendland suffered a terrible automobile accident. The California man never recovered sufficiently to communicate, and he was unable to participate in the controversy over the possibility of removing his feeding tube last winter. Wendland, brain-damaged and paralyzed, lived for two years on a feeding tube…

Long Term Care Costs May Be Deductible For Income Taxes

Newsletter, Tucson Elder LawBy Robert FlemingAugust 3, 1998

AUGUST 3, 1998 VOLUME 6, NUMBER 5 Few nursing home residents have large incomes. Most, of course, are living on retirement and Social Security, and a few may have at least some investment income. Income tax liability will seem like an irrelevant issue for most long-term care residents. Still, income tax issues can be important…

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