Court Cases Demonstrate Two Remedies For Elder Abuse
MAY 17, 2004 VOLUME 11, NUMBER 46 Two recent appellate court cases illustrate different aspects of the law’s response to abuse and exploitation of seniors. Taken together the two cases underscore that protection of vulnerable seniors can be a priority of the legal system. The first case tested California’s law on elder abuse, which permits […]
Bank Liable for Exploitation By Branch Manager and Assistant
MAY 10, 2004 VOLUME 11, NUMBER 45 Carmen DiCesare, age 82, may have been a little confused when he visited the local branch of Prudential Savings Bank in south Philadelphia that day in August, 2000. By the time he left the bank he had made major changes in his estate plan, and the bank’s branch […]
Safety For the Older Driver: Is Skills Training the Answer?
MAY 3, 2004 VOLUME 11, NUMBER 44 Elder Law Issues addressed concerns relating to older drivers in two issues published in October, 2002 (“What Can Be Done About Driving Skills As We Age?” and “Dealing With Impaired Driving Skills in Aging Family Members“). Since then, much media attention has been focused on aging drivers, principally […]
LPNs Awarded Damages In Wrongful Termination Case
APRIL 26, 2004 VOLUME 11, NUMBER 43 When LPNs Diane Owens and Alisa Main were fired from their jobs with Fayetteville Health and Rehabilitation Center in April, 2000, they were sure their dismissals were retribution. Ms. Owens and Ms. Main had each complained to Kristy Unkel, the Director of Nursing, about the care provided by […]
Combative Alzheimer’s Patient Not Liable for Injuries to Nurse
APRIL 19, 2004 VOLUME 11, NUMBER 42 Edmund Gernannt suffered from dementia of the Alzheimer’s type. Confusion and agitation sometimes combined in Mr. Gernannt to make him combative. While most Alzheimer’s patients can be easily redirected and ultimately calmed, Mr. Gernannt’s aggressive tendencies got him committed to the county hospital in Bergen Pines, New Jersey. […]
Probate Fee Dispute Leads to Additional Attorney’s Fees
APRIL 12, 2004 VOLUME 11, NUMBER 41 Kathryn Gordon’s will named her sister, Nancy Molet, to handle her estate. Based on that will Ms. Molet was appointed as personal representative. Like most individuals in such circumstances, Ms. Molet hired an attorney to help her get through the probate process. Eventually Phoenix attorney Harvey Finks billed […]
“Full Faith and Credit” Applies In Two-State Probate Actione
APRIL 5, 2004 VOLUME 11, NUMBER 40 A Florida court found Alvarado Kelly incompetent in 1960, and appointed a guardian to manage his property. Fifteen years later Mr. Kelly moved to a facility in Mississippi operated by Sarah Cuevas; he lived in that facility until his death twenty five years later. After his death Mr. […]
Power of Attorney Used to Change Insurance Beneficiaries
MARCH 29, 2004 VOLUME 11, NUMBER 39 Thomas A. Smith had two daughters from his first marriage and two step-children from his second wife. In 1996, shortly after his second wife’s death, he changed the beneficiary designation on a $100,000 life insurance policy so that the four children would share the policy proceeds equally. In […]
Deceased Beneficiary’s Share of Trust Goes to Her Children
MARCH 22, 2004 VOLUME 11, NUMBER 38 Claude Baldwin, Jr., prepared a living trust to avoid probate of his estate. His trust directed a distribution to be made at his death to his sister Bernice Branch. The trust was silent as to what would happen if Ms. Branch died first. Of course Mr. Baldwin could […]
Mother Sues Son Over Transfer of Home and Bank Accounts
MARCH 15, 2004 VOLUME 11, NUMBER 37 Louise Friar worried about what would happen to her modest estate if she ever needed to go into a nursing home. She owned her home, and she had two certificates of deposit that represented her life savings. Whether she got the idea from friends, professional advisors, her own […]
