Americans With Disabilities Act Overrides Local Zoning Rules
NOVEMBER 5, 2001 VOLUME 9, NUMBER 19 George and Astrid Dadian live in the Village of Wilmette, Illinois. The Dadians both have medical problems—she suffers from osteoporosis and asthma, and he from orthopedic problems. That is why they wanted their reconstructed home to have a garage that could be reached from the front curb. The […]
Grandson’s Creditors Can Not Reach Spendthrift Trust Assets
OCTOBER 29, 2001 VOLUME 9, NUMBER 18 When Kyle Krueger’s grandmother established a trust for him in 1985, she may or may not have known how the 19-year-old would turn out. For whatever reason, she locked up his trust benefits until his fiftieth birthday. As it turned out, her decision was good for Mr. Krueger—but […]
Eligibility, Benefits Figures Increase With Cost of Living
OCTOBER 22, 2001 VOLUME 9, NUMBER 17 Each year Social Security benefits are raised automatically to keep up with the increased cost of living. Benefit increases are pegged to standard measures of inflation, and take effect on January 1. Social Security figures, however, are not the only automatic increases affecting seniors and the disabled. Beginning […]
Evidence of Living Will Intent Must Be Clear and Convincing
OCTOBER 15, 2001 VOLUME 9, NUMBER 16 Many patients approaching the end of life feel very strongly that they would not want to be kept alive by feeding tubes, artificial breathing machines or other devices. Signing appropriate advance directives helps, but there is no guarantee that they will be located, properly understood and followed in […]
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 […]
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 […]
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 […]
“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 […]
Nursing Home May Sue On Surety Bond For Nonpayment
SEPTEMBER 10, 2001 VOLUME 9, NUMBER 11 When J. Michael Cantore, Jr., was appointed as conservator of the person and estate of Diana Kosminer, he was required to post a bond to help ensure that he would handle her finances properly. The purpose of a “surety” bond (the type usually required of conservators) is to […]
“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 […]
