APRIL 27, 1998 VOLUME 5, NUMBER 43 Guardianship and conservatorship can be an expensive and wrenching process for the ward and family. No one understands that better than Letty Milstein and her children. Ms. Milstein lives in Denver. In early 1996, her daughter decided that Ms. Milstein was no longer able to manage her own

APRIL 20, 1998 VOLUME 5, NUMBER 42 Although most people believe that it is important to sign a will to provide for the distribution of their estates upon death, most never get around to doing so. Even among those who do prepare wills, often the original document is missing. In most states a missing will

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,

FEBRUARY 2, 1998 VOLUME 5, NUMBER 31 Herschel West and his wife Hazel lived in Provo, Utah. Their estate plan was straightforward–they established a living trust and transferred their home into the trust’s name. The trust provided that Mr. and Mrs. West could live in and use the home as long as either of them

JANUARY 26, 1998 VOLUME 5, NUMBER 30 The Arizona legislature has just begun its 1998 session, and will be considering a number of measures of interest to seniors and their advisors and advocates. Not all the bills will be adopted, and some may be changed beyond recognition. The proposals still reflect the thinking and direction

JANUARY 19, 1998 VOLUME 5, NUMBER 29 George Pittman was a North Carolina resident. He and his wife, Rose Lupton Pittman, lived together on property he had inherited from his family. Mr. and Mrs. Pittman each had a daughter from prior marriages. In 1988, Mr. Pittman consulted his attorney about what might happen to his

JANUARY 12, 1998 VOLUME 5, NUMBER 28 In the past decade advance directives have become widespread and, at the same time, widely accepted. In fact, almost every state has adopted legislation specifically recognizing both medical powers of attorney and “living wills.” In 1992, the Arizona legislature adopted a progressive, far-reaching law on the subject. As

JANUARY 5, 1998 VOLUME 5, NUMBER 27 What constitutes “undue influence” such that a will is invalid? While disinherited family members may feel that their deceased relative was subjected to undue influence, the level of influence required is very high, as a review of the leading Arizona cases will show. Gus Fotopulos was a “rollicking,

DECEMBER 29, 1997 VOLUME 5, NUMBER 26 Misconceptions about wills are very common among the general population, and particularly among seniors. There is a widespread notion that one must be very careful about what is included in a will, since it is likely to be contested and the rules are very difficult to follow. The

DECEMBER 22, 1997 VOLUME 5, NUMBER 25 Massachusetts resident James A. Smith completed his estate plan in 1989. Among the documents he signed was a durable power of attorney naming two business associates, David J. Adams and Alfred H. Carl, as his agents. The power of attorney also included a provision that, in the event

DECEMBER 15, 1997 VOLUME 5, NUMBER 24 Texan Ruth Waites was 84 when she died in 1994. She had spent most of the last year of her life in the Borger Health Care Center in the small town of Borger, about fifty miles from Amarillo, Texas. At the time, the Borger Health Care Center was

DECEMBER 8, 1997 VOLUME 5, NUMBER 23 Last year the U.S. Congress, concerned over the rising cost of long-term health care, adopted legislation intended to restrict the availability of information about Medicaid coverage for such care. The new enactment, frequently referred to as the “Granny’s Lawyer Goes to Jail” law, declared that any person who

DECEMBER 1, 1997 VOLUME 5, NUMBER 22 Christine and George Tipp lived in Missoula, Montana. They had seven children, including daughters Sylvia and Dorothy. George Tipp became ill in the mid-80s, and was briefly placed in a nursing home. When the entire family became dissatisfied with his care, they arranged to bring him home to