Each month, we like to take stock of elder law news and developments and share them. The December round-up is actually the 2020 round-up. We’ve reviewed lessons we’ve learned over the past year, inspired by our own practice, cases we’ve read about, and even rumors we’ve heard. We’ve polled our team, and here are the…
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The pandemic response across the country has led to incalculable problems and challenges. One problem area that has been hit especially hard: special needs education. What is special needs education? In normal times, U.S. law requires states and local school districts to provide opportunities for children with special needs. The Individuals with Disabilities Education Act…
After someone dies, most believe the will or trust is the final word and must be followed. That’s never really true. Often the document can’t be changed. But, if everyone involved can agree, they usually can deviate from the document and divide assets differently. Under Arizona law, a will cannot be reformed or modified, and…
What does it mean to have someone declared legally incompetent? And how does that happen, anyway? The concept of competence in the law is surprisingly confusing. Most people think they know how to judge that someone would be legally incompetent. Very often they are wrong. Incompetent, or incapacitated? First we have to deal with language.…
At the end of the month, we like to survey the elder law arena and share what we’ve found. Here’s the November round up: Elder Abuse and Stan Lee The best read we’ve seen this month is an AARP piece on the last years and aftermath of the life of Stan Lee. Several in the…
Part of what we do at Fleming & Curti is protect vulnerable people. As a licensed private fiduciary, the firm serves as conservator, guardian, and agent under power of attorney for adults who can’t manage their own affairs. Ordinarily, because we’d all be having holiday family gatherings, we might share tips for spotting a vulnerable…
When a family member faces the high cost of long-term care, it may seem important to do whatever it takes to preserve their resources. Sometimes, though, a given Medicaid planning technique may cause problems. That can be true even if the approach is legal — and sometimes even if it is effective. Take Missouri resident…
While the country was anxiously awaiting election results, Britney Spears was trying to get her life back. The pop star, 38, wants her dad and conservator out of her business. Now. Her situation illustrates some of the challenges with arrangements to protect people from themselves. Especially while they have capacity to make decisions. You probably…
We have written about Georgia in terrorem provisions before. Almost exactly three years ago, we described a then-recent court case in which two estate beneficiaries asked for authority to file a future action challenging the administration of a probate estate. The personal representative, pointing to the “no contest” (in terrorem) provision in the will, argued that…
It’s the last Monday of the month. That means we’re a bit closer to closing out 2020 and also that it’s time for the October Round Up of developments in elder law. Covid-19 and Care Homes The pandemic has hit nursing homes particularly hard. AARP this month launched a “Nursing Home COVID-19 Dashboard,” which tracks…