State High Court Strikes Down Grandparent Visitation Law
AUGUST 18, 2003 VOLUME 11, NUMBER 7 A decision by the Michigan Supreme Court is the most recent to address the issue of grandparents’ rights to visit their grandchildren. In the Michigan case, the state law giving grandparents rights was found to be unconstitutional. Not all states have reached the same result—Arizona courts, for example, […]
Guardian of Estate Must Pay Personally For Copies of Checks
AUGUST 11, 2003 VOLUME 11, NUMBER 6 The issue facing Florida guardian Barbara Keithly was simple: should she have her bank return the original canceled checks on the guardianship account, or would it acceptable to receive only copies with her monthly statement? Although the question seems simple enough, it provides an opportunity to consider the […]
Judge Hearing Conservatorship Matters Is “Ultimate” Authority
AUGUST 4, 2003 VOLUME 11, NUMBER 5 After incurring the emotional and financial cost of securing a guardianship and conservatorship, family members usually believe that they have been given authority to make all personal and financial decisions for their incapacitated loved one. Though nearly true, that is not quite the case—as Randy Bardwell found out, […]
Massachusetts High Court Limits Wards’ Right to Counsel
JULY 28, 2003 VOLUME 11, NUMBER 4 Is one who has been determined legally incapacitated and in need of a guardian able to revisit the court’s determination or challenge her guardian’s actions? Yes, wards may request the restoration of capacity and/or challenge the fitness of the guardian. In at least one state, however, wards are […]
Patient’s Daughter Has No Claim Against Nursing Home
JULY 21, 2003 VOLUME 11, NUMBER 3 Helen Hosta of Cuyahoga County, Ohio, was admitted to Century Oak Care Center in February 2001. Mrs. Hosta was unable to sign the Century Oak admission agreement, so her daughter, Roberta, signed for her. After Mrs. Hosta’s Medicare coverage ran out in March, 2001, her daughter Roberta and […]
Trust Salesmen Alleged To Have Pushed Seniors Into Annuities
JULY 14, 2003 VOLUME 11, NUMBER 2 Philip Klein thought he was getting estate planning advice. At first he probably didn’t realize he was also talking to an insurance agent. His children ended up suing the agent, the insurance company and the “estate planning services” firm employing the agent. Mr. Klein was 85 years old […]
Purchase of Life Interest Does Not Gain Medicaid Coverage
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 […]
Medicare Patients Entitled To Receive Investigation Results
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 […]
Wills Usually Are Valid, and Not All Family Influence is “Undue”
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, […]
Joint Tenancy Account May Be Different In Different States
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 […]
