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Probate Court Lacks Authority To Seize Lawyer’s Property

OCTOBER 8, 2001 VOLUME 9, NUMBER 15 Probate, guardianship and conservatorship proceedings can be difficult to navigate. Most people utilize lawyers to help with the process, and are well served by having legal representation. Lawyers often serve as protectors of the beneficiaries of those proceedings, and help steer individuals away from mismanagement of estate funds—or …

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Prenuptial Agreement Is Valid Despite Wife’s Failure To Read

OCTOBER 1, 2001 VOLUME 9, NUMBER 14 Prenuptial agreements, though not particularly romantic, are often important to couples about to be married. Particularly in second marriage situations, a prenuptial agreement can reduce anxiety between the new spouses as well as among family members of each spouse. There are some clear rules that must be followed …

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Medicaid Underpays Nursing Homes By $9 Per Patient Day

SEPTEMBER 24, 2001 VOLUME 9, NUMBER 13 A new study commissioned by the American Health Care Association confirms what most senior advocates have long suspected: funding for long-term care services (and particularly nursing home care) is insufficient to pay the actual cost of care. While there is significant variation among the states, the federal-state Medicaid …

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“Trust Mill” Shut Down, But State Pays Parent Company

SEPTEMBER 17, 2001 VOLUME 9, NUMBER 12 Fremont Life Insurance Company did a profitable business selling seniors living trusts. They used the usual pitch: avoid probate and the legal system, save on taxes and simplify your estate plan. Oh, and while we’re helping you plan your estate we think you should buy an annuity from …

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“Simultaneous Death” Laws In Conflict For Insurance Payout

SEPTEMBER 3, 2001 VOLUME 9, NUMBER 10 Sometimes when the legislature adopts a new statute, no one notices that it conflicts with an existing law. While those conflicts usually get discovered and resolved, they can sometimes create real confusion in real cases. Consider the tragic case of the Craig family. William and Diane Craig and …

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Power of Attorney Does Not Always Avoid Conservatorship

AUGUST 27, 2001 VOLUME 9, NUMBER 9 Like many seniors, Robert Anderson signed a financial power of attorney, giving his daughter and son-in-law power to manage his financial affairs. He may have understood that the power of attorney would avoid the necessity of court proceedings to appoint a conservator if he became incapacitated. Having a …

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Court Win For Innovative Drug Cost Control Program In Maine

AUGUST 6, 2001 VOLUME 9, NUMBER 6 Medicare is a federal program providing medical care to millions of seniors and disabled individuals. Although beneficiaries may pay some portion of their own care costs those contributions are in most cases modest. By any reckoning, however, there are two important medical needs not covered by the Medicare …

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