APRIL 5, 1999 VOLUME 6, NUMBER 40 In 1927, the U.S. Supreme Court issued one of its most famously wrong-headed opinions. Buck v. Bell dealt with whether Carrie Buck, who had been committed to the Virginia State Colony for Epileptics and Feeble Minded, had the right to oppose an order directing that she be sterilized. The…
MARCH 29, 1999 VOLUME 6, NUMBER 39 There are over 17,000 nursing homes in the United States, housing more than 1.6 million residents. The federal government will contribute $39 billion to the care of those nursing home residents in 1999. Recently, the U.S. Congress’ General Accounting Office (the GAO) was asked by five Democratic members…
MARCH 22, 1999 VOLUME 6, NUMBER 38 Walter V. Shell, a 71 year old man from Johnson City, Tennessee, blamed attorney John D. Goodin for a mistake in Shell’s ex-wife’s will. Last Thursday Shell tracked the lawyer down and shot him in the head. Lawyer Goodin, 81, was a well-known lawyer in Tennessee. He had…
MARCH 15, 1999 VOLUME 6, NUMBER 37 Parents of minor children are usually entitled to have custody of those children. In a divorce proceeding the court will decide which parent should retain custody of the child, or whether custody should be shared. Of course, those proceedings are often hotly contested and may result in bitterness…
MARCH 8, 1999 VOLUME 6, NUMBER 36 Lavina Kessler was 99 years old when she died in 1996. The Washington State woman left an estate of $2.4 million, including several parcels of valuable real estate. She also left a series of five wills and an expensive will contest proceeding. Ms. Kessler had known Frances and…
MARCH 1, 1999 VOLUME 6, NUMBER 35 “Since the Revocable Living Trust avoids the expensive and lengthy legal process known as ‘probate’” proclaims a national insurance sales agency in its brochure, “it is fast replacing the Last Will and Testament as the preferred method for asset distribution.” Elsewhere, the same insurance agency promises that the…
FEBRUARY 22, 1999 VOLUME 6, NUMBER 34 Gayla and David Dodge were married in 1988. In the first two years of their marriage, the couple had two daughters, Tori and Kacy. Shortly after Kacy’s birth, Gayla Dodge was diagnosed as suffering from kidney disease. Over the next three years, Gayla Dodge was in and out…
FEBRUARY 15, 1999 VOLUME 6, NUMBER 33 The Connerwood Healthcare nursing home in Indiana had a history of problems with the care it provided to residents. Jeffrey Barcus was admitted to Connerwood in October, 1995, and his mother, Jennipher Forte, later alleged that the quality of care at Connerwood was what led to his death.…
FEBRUARY 8, 1999 VOLUME 6, NUMBER 32 In the first four months of each year, the Arizona legislature meets to consider possible changes in Arizona law. Usually a handful of the legislature’s ideas impact seniors and their support network. New laws introduced so far this year would bring mostly small, but good, changes. A few…
FEBRUARY 1, 1999 VOLUME 6, NUMBER 31 When Vera Smith first came to our office, she was looking for help with her estate plan. She had heard about living trusts and knew that she wanted to avoid probate on her death, but wasn’t sure whether the explanations she had heard applied to her situation. When…