APRIL 4, 2005 VOLUME 12, NUMBER 40 By most reports Terri Schiavo was a shy and quiet woman, and she might well have been distressed if she had anticipated that the process of her dying would become such a public spectacle. Much has been written about her, her family, her wishes, her condition, and the…
ELDER LAW ISSUES
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MAY 31, 2004 VOLUME 11, NUMBER 48 In 1994 and again in 1997, Oregon voters approved the first law permitting physician-assisted suicide in the U.S. In each of the six years since the law was implemented, about 30 terminally ill Oregon residents have used the “Death With Dignity” Act to end their lives with the…
MAY 24, 2004 VOLUME 11, NUMBER 47 Revocable living trusts have become immensely popular for estate planning in the past few decades. Once used primarily for commercial endeavors (like railroads, steel manufacturing and the like) and management of the assets of only the wealthiest families, trusts have in recent years become commonplace. As a result,…
MAY 17, 2004 VOLUME 11, NUMBER 46 Two recent appellate court cases illustrate different aspects of the law’s response to abuse and exploitation of seniors. Taken together the two cases underscore that protection of vulnerable seniors can be a priority of the legal system. The first case tested California’s law on elder abuse, which permits…
MAY 10, 2004 VOLUME 11, NUMBER 45 Carmen DiCesare, age 82, may have been a little confused when he visited the local branch of Prudential Savings Bank in south Philadelphia that day in August, 2000. By the time he left the bank he had made major changes in his estate plan, and the bank’s branch…
MAY 3, 2004 VOLUME 11, NUMBER 44 Elder Law Issues addressed concerns relating to older drivers in two issues published in October, 2002 (“What Can Be Done About Driving Skills As We Age?” and “Dealing With Impaired Driving Skills in Aging Family Members“). Since then, much media attention has been focused on aging drivers, principally…
APRIL 26, 2004 VOLUME 11, NUMBER 43 When LPNs Diane Owens and Alisa Main were fired from their jobs with Fayetteville Health and Rehabilitation Center in April, 2000, they were sure their dismissals were retribution. Ms. Owens and Ms. Main had each complained to Kristy Unkel, the Director of Nursing, about the care provided by…
APRIL 19, 2004 VOLUME 11, NUMBER 42 Edmund Gernannt suffered from dementia of the Alzheimer’s type. Confusion and agitation sometimes combined in Mr. Gernannt to make him combative. While most Alzheimer’s patients can be easily redirected and ultimately calmed, Mr. Gernannt’s aggressive tendencies got him committed to the county hospital in Bergen Pines, New Jersey.…
APRIL 12, 2004 VOLUME 11, NUMBER 41 Kathryn Gordon’s will named her sister, Nancy Molet, to handle her estate. Based on that will Ms. Molet was appointed as personal representative. Like most individuals in such circumstances, Ms. Molet hired an attorney to help her get through the probate process. Eventually Phoenix attorney Harvey Finks billed…
APRIL 5, 2004 VOLUME 11, NUMBER 40 A Florida court found Alvarado Kelly incompetent in 1960, and appointed a guardian to manage his property. Fifteen years later Mr. Kelly moved to a facility in Mississippi operated by Sarah Cuevas; he lived in that facility until his death twenty five years later. After his death Mr.…