AUGUST 14, 2000 VOLUME 8, NUMBER 7 Nancy Bracken, an 82-year-old widow living in Tennessee, thought she had found an excellent investment for her life savings. Richard Earl, managing director of something called Financial Services Company, convinced her that she could make good money by helping to finance a treasure-hunting operation in Florida. Between July…
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AUGUST 7, 2000 VOLUME 8, NUMBER 6 Last week Elder Law Issues reported on a government study of nursing home staffing and safety. This week we continue that report. The full DHHS/HCFA report is now online.] As described last week, the Department of Health and Human Services report recommends minimum staffing levels for nursing aides,…
JULY 31, 2000 VOLUME 8, NUMBER 5 In 1990 Congress became concerned about the quality of care in American nursing homes. The Department of Health and Human Services was directed to prepare a report on nursing homes by the beginning of 1992. Last week DHHS finally sent the first part of that report to Congress…
JULY 24, 2000 VOLUME 8, NUMBER 4 The general public is frequently misinformed about wills and estate planning. One pervasive notion is that a will must leave some token amount to every child (or other relative) in order to disinherit that individual. While the most frequent formula is to leave $1.00 to each individual, one…
JULY 17, 2000 VOLUME 8, NUMBER 3 When a loved one is institutionalized, family members usually do not have the skills and information necessary to closely monitor the quality of care. They usually rely heavily on the advice of the patient’s physician to direct the course of treatment. In those cases where the physician becomes…
JULY 10, 2000 VOLUME 8, NUMBER 2 The federal-state Medicaid program was designed to make sure poor Americans would receive necessary medical care. It now pays for about half of all nursing home costs. Tragically, the program is so complicated that it often requires expert legal assistance to ensure that benefits are received in accordance…
JULY 3, 2000 VOLUME 8, NUMBER 1 At age 61 Sonny Lee is living at the College View Nursing Home in Frederick, Maryland. A little over two years ago Mr. Lee, a lifelong alcoholic, passed out in a public park, was hospitalized and ultimately placed in the nursing home. In recent months his condition has…
JUNE 26, 2000 VOLUME 7, NUMBER 52 When Robert L. Johnson died in Mississippi in 1938, he was largely unknown. The 27-year-old had a musical gift, and he left a number of blues recordings. There did not appear to be any valuable property in his estate at the time, though, so no probate was initiated.…
JUNE 19, 2000 VOLUME 7, NUMBER 51 Carol Creasy worked as a certified nursing assistant at Brethren Healthcare Center in Flora, Indiana. She had worked at the facility for almost two years. Among the residents she helped care for was Lloyd Rusk, an Alzheimer’s patient with a tendency to be combative. Mr. Rusk was first…
JUNE 12, 2000 VOLUME 7, NUMBER 50 The big news in the elder law and estate planning field this week was the Friday passage (by the House of Representatives) of a bill to repeal the federal estate tax. The vote to repeal was lopsided, with a 279-136, with 65 Democrats joining the Republican majority. Does…