MAY 15, 2000 VOLUME 7, NUMBER 46 Physical, sexual, mental and emotional abuse of elderly and vulnerable adults is a growing problem not only in Arizona, but around the world. Such abuse is also a crime. Even the failure to report elder abuse may be a crime in some circumstances. Arizona law particularly protects “vulnerable”…
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MAY 8, 2000 VOLUME 7, NUMBER 45 James Earl Ray was convicted in the 1969 murder of Martin Luther King, Jr. Ray died in prison in 1998, although he had by that time filed at least eight separate appeals seeking his release. His estate now provides the legal world with an odd footnote. When Ray…
MAY 1, 2000 VOLUME 7, NUMBER 44 It has taken three decades to establish, but the notion of patient self-determination is now firmly entrenched in American law. A patient has the right to instruct that life-sustaining medical care be withheld or removed. To protect against future treatment, an individual can execute a living will and/or…
APRIL 24, 2000 VOLUME 7, NUMBER 43 In 1997 James Wrosch planned his own funeral. He made arrangements for cremation and instructed the funeral home to deliver his ashes to his good friend James Cady. He even had his mother, brother and sister sign forms agreeing that Mr. Cady could take charge of his remains.…
APRIL 17, 2000 VOLUME 7, NUMBER 42 In order to avoid the probate process, or for income or property tax purposes, property owners often add children, spouses or others to the title on their homes. Sometimes those transfers turn out badly. When Jean and Samuel Owens married in 1970, they each had children from first…
APRIL 10, 2000 VOLUME 7, NUMBER 41 Although most people might intend to use a lawyer to draft their wills and estate planning documents, there is no legal requirement that an attorney be involved. Often, in fact, non-lawyers prepare their own documents and do just fine. Sometimes they manage to complicate their estates and the…
APRIL 3, 2000 VOLUME 7, NUMBER 40 When a family member or friend becomes incapable of handling his or her own health care and finances it may be necessary to turn to the courts. Guardianship and conservatorship proceedings are governed by state laws, and the assumptions, procedures and even the language change from state to…
MARCH 27, 2000 VOLUME 7, NUMBER 39 Although nursing homes are more familiar to most Americans, nearly half of all elderly residents of institutions live in adult care homes. Often housed in converted residences, adult care homes usually provide personal care, supervision and activities for a small group of residents. Care in such facilities is…
MARCH 13, 2000 VOLUME 7, NUMBER 37 “Undue influence” is usually thought of in connection with provisions in a will. It can also be cited in attempts to set aside transfers made during life, as a recent North Carolina case illustrates. In early 1996 Irene J. Stephenson signed a deed conveying her home and sixteen…
MARCH 20, 2000 VOLUME 7, NUMBER 38 Suppose your adult son is disabled and receiving both financial and medical assistance from the government. While you do not consider yourself wealthy, you have worked hard all your life and managed to build a modest estate. If you leave your disabled child his share of your estate…