JANUARY 12, 2004 VOLUME 11, NUMBER 28 Last week Elder Law Issues described how a “Special Needs” trust can be used to protect the beneficiary’s access to public benefits programs like Supplemental Security Income (SSI) and Medicaid (in Arizona, AHCCCS or ALTCS). There is one glaring problem with Special Needs trusts just now in Arizona,…
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JANUARY 5, 2004 VOLUME 11, NUMBER 27 Joseph is eighteen years old and requires total care. He has been in his current condition, unable to speak or move and unresponsive to most stimuli, for five years. His family believes his condition is a result of improper treatment he received during a hospital stay, and lawyers…
DECEMBER 29, 2003 VOLUME 11, NUMBER 26 Laura F. is a 28-year-old autistic woman. She has always lived with her parents, and they have provided for her care. In the past decade she has worked several part-time jobs at sheltered workshops, but she has never held a full-time job, never even earned minimum wage, and…
DECEMBER 22, 2003 VOLUME 11, NUMBER 25 Many of our clients have a visceral reaction to the idea that they might be “kept alive by machines” after they are no longer able to make health care decisions for themselves. That is why they sign “advance directives” like health care powers of attorney and living wills.…
DECEMBER 15, 2003 VOLUME 11, NUMBER 24 Sherri K. apparently thought her stepfather Clifford H. (the court opinion does not disclose family names) needed protection. She asked the California courts to appoint her as conservator, and she alleged that there was an emergency requiring immediate action. Without giving notice to her stepfather or other family…
DECEMBER 8, 2003 VOLUME 11, NUMBER 23 It is a common problem facing lawyers and litigants. What can be done if one of the parties to a lawsuit is a minor, or an incapacitated adult? Who makes decisions about the litigation if one party lacks legal capacity to handle their own financial and personal decisions?…
DECEMBER 1, 2003 VOLUME 11, NUMBER 22 With the U.S. Senate’s approval of sweeping new Medicare provisions the public discussion has focused on whether the changes will be good for the program, its beneficiaries and the nation as a whole. Much controversy has also centered on the politics of the changes—including whether Republicans or Democrats…
NOVEMBER 24, 2003 VOLUME 11, NUMBER 21 Sherry Zachary was sure that her brother Raymond had taken advantage of their mother. She was so sure that she hired California lawyers John L. Guth and Jeffrey T. Stromberg to file a lawsuit against Raymond. Eventually Raymond sued the lawyers—though not successfully. The first lawsuit filed by…
NOVEMBER 17, 2003 VOLUME 11, NUMBER 20 While in Via Christi’s St. Francis Hospital in Wichita, Kansas, for tests, Lyle Rose fell out of his bed and hit his head. He suffered a subdural hematoma (a blood clot in the brain) and developed other complications. He stayed in the hospital for over a month, but…
NOVEMBER 10, 2003 VOLUME 11, NUMBER 19 Home health care benefits available through the Medicare program have been curtailed in recent years. The effect of the government’s crackdown on home health care costs has been felt not only by patients, but also by health care providers themselves. Take, for example, the case of Idaho’s Community…