APRIL 13, 1998 VOLUME 5, NUMBER 41 Last summer, in a cynical move to fix blame for the burgeoning cost of long term nursing care on someone, Congress adopted a punitive new measure widely referred to as the “Granny’s Lawyer Goes To Jail” law. In essence, the new law decreed that anyone who charged a…
APRIL 6, 1998 VOLUME 5, NUMBER 40 Living trusts have become the most popular estate planning device in this decade. Lawyers, financial planners, insurance agents, bankers and investment firms often tout the value of living trusts. It is often difficult to see through the hype and determine whether a living trust is really appropriate for…
MARCH 30, 1998 VOLUME 5, NUMBER 39 In last week’s Elder Law Issues, we described the Wisconsin case of Evelyn O. In that case, a community agency sought the appointment of a guardian for two women, Evelyn O. and Thyra K. Even though the guardianship petitions were successful, the Wisconsin Court of Appeals ruled that the…
MARCH 23, 1998 VOLUME 5, NUMBER 38 It is increasingly common for government services to be contracted out to private companies. In Milwaukee County, Wisconsin, even elder abuse monitoring and prevention services are handled by a private corporation, Community Care Organization. Of course, the elderly victims of abuse and exploitation often require the appointment of…
MARCH 16, 1998 VOLUME 5, NUMBER 37 When a Social Security recipient (or someone eligible to receive Social Security) turns 65, he is automatically enrolled in Medicare’s Part A insurance coverage. That insurance covers hospital care (among other things). At the same time, the new Medicare recipient may also sign up for Medicare Part B,…
MARCH 9, 1998 VOLUME 5, NUMBER 36 John Haynsworth was a Florida multimillionaire. He had made his fortune in Miami Beach real estate investments. He had no children, so after his wife died in 1988, his closest family were nieces and nephews. Mr. Haynsworth did have a long-time relationship with his attorney, Ted Blum. After…
MARCH 2, 1998 VOLUME 5, NUMBER 35 Jess and Sharon Groesbeck were married in 1959, and raised five children in Utah. Like many couples who have been persuaded of the value of living trusts in the past few decades, they chose to use the popular estate planning device to avoid probate and simplify their estate…
FEBRUARY 23, 1998 VOLUME 5, NUMBER 34 A Las Vegas, Nevada, adult care home operator was arrested last week on elder abuse charges. Christopher Michael Childers was charged with elder abuse, elder neglect and criminal neglect of a patient with substantial bodily harm. The arrest was made by officers attached to the Las Vegas Police…
FEBRUARY 16, 1998 VOLUME 5, NUMBER 33 Three decades ago, all powers of attorney automatically expired when the principal became incompetent. Since the creation of “durable” powers of attorney, they have become ubiquitous. Before the advent of durable powers of attorney, the only way to gain control of the affairs of an incompetent person was…
FEBRARY 9, 1998 VOLUME 5, NUMBER 32 Durable powers of attorney are a relatively new idea in the law. Until 1974 (in Arizona), all powers of attorney automatically terminated when the person signing the power of attorney became incompetent. Two decades later, every U.S. state and territory has authorized powers of attorney which survive incompetence,…
