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 …
Purchase of Life Interest Does Not Gain Medicaid Coverage Read More »
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 …
Medicare Patients Entitled To Receive Investigation Results Read More »
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, …
Wills Usually Are Valid, and Not All Family Influence is “Undue” Read More »
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 …
Joint Tenancy Account May Be Different In Different States Read More »
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 …
Employee’s Name Taken Off State Misappropriation List Read More »
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 …
Attempt to Force Children to Pay Father’s Hospital Bill Fails Read More »
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, …
Beneficiary Change Requires Higher Mental Capacity Level Read More »
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 …
Probate Court May Bypass Ward’s Choice Of Conservator Read More »
MAY 12, 2003 VOLUME 10, NUMBER 45 Financial exploitation of vulnerable seniors is hardly a new problem, but both the frequency and the severity of abuse have increased dramatically in recent years. Many seniors (or their concerned friends and family members) turn to the legal system for help and protection. Sometimes protectors become abusers themselves. …
New York Lawyer Disbarred For Financially Exploiting Seniors Read More »
MAY 5, 2003 VOLUME 10, NUMBER 44 The common-law principle that a murderer should not benefit financially from his homicide has been codified in most states. “Slayer statutes,” are laws that prevent one who intentionally kills another from inheriting from the victim’s estate. Do “slayer statutes” permit the victim’s estate to inherit from the murderer’s …
Victim Does Not Inherit Killer’s Property in Murder-Suicide Case Read More »
