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Guardian Not Personally Liable For Alleged Lack of “Due Care”

APRIL 27, 2009  VOLUME 16, NUMBER 38 Who has the obligation to get a proper Medicaid application filed for someone in a nursing home? Can the nursing home resident’s children, spouse, guardian or conservator be forced to pay for care after the patient’s money has run out but before the state Medicaid agency receives the …

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Some Advice About Selecting Fiduciaries For Your Estate Plan

APRIL 20, 2009  VOLUME 16, NUMBER 37 When it comes time to complete estate planning, our clients usually have clear ideas about who should receive their property, what health care decisions they would want made — even how they feel about cremation, burial, organ donation and most of the other issues that must be addressed. …

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Extra Income for Veterans and Spouses Can Help Pay for Care

APRIL 28, 2008  VOLUME 15, NUMBER 44 There is no doubt that in today’s economy some extra income would be welcome, especially if you are struggling to pay for long term care. Many people aren’t aware that the Veteran’s Administration (VA) has a special program, called “Aid and Attendance,” that pays additional income to Veterans …

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Court: “Massive Curtailment of Liberty” in Guardianship Cases

APRIL 21, 2008  VOLUME 15, NUMBER 43 We apologize. We like to think that we bring you the most interesting, useful and thought-provoking elder law cases, news stories and trends each week. Somehow we completely missed a great case last year. With thanks to our friend Prof. Rebecca Morgan for calling it to our attention, …

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‘Til The Cows Come Home—A Parental Exploitation Story

APRIL 14, 2008  VOLUME 15, NUMBER 42 We see the same sad story time and again. Sometimes there are small variations, but it almost always starts the same way. Aging parents (or other relatives) need assistance with their finances and their care. As those needs increase, family members begin — often with the very best …

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Yet Another Reminder: Trusts Must Be “Funded” Properly

APRIL 7, 2008  VOLUME 15, NUMBER 41 Quite often we see revocable living trusts fail because individuals do not understand the importance of changing ownership of assets to the trust. In most cases that means the unnecessary expense of a probate proceeding that could have been avoided. Sometimes the effects are more dramatic, as in …

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Government Report Highlights Problems With Older Drivers

APRIL 30, 2007  VOLUME 14, NUMBER 44 Several times over the past few years (most recently in Safety for the Older Driver: Is Skills Training the Answer?) we have reported on an issue of great concern to seniors—the effect of aging on the ability to drive. Now Congress has gotten interested in the topic, if a …

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GAO Report Criticizes Lax Oversight of Nursing Homes

APRIL 23, 2007  VOLUME 14, NUMBER 43 Individuals with disabilities, confused and vulnerable seniors and patients recovering from medical procedures often end up staying in nursing homes for weeks, months or years. Quality of care in those facilities is obviously important, and yet difficult to monitor. The good news: since most nursing homes accept Medicare …

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Alive and Kicking: New Book Offers Legal Advice to Boomers

APRIL 16, 2007  VOLUME 14, NUMBER 42 Ironies abound as the leading edge of the “Baby Boom” generation heads into its 60s (and retirement). The generation that vowed never to trust anyone over 30 will shortly have to figure out minimum distribution rules from Individual Retirement Accounts, Medicare’s Part D coverage and its limitations, and …

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