JULY 29, 2002 VOLUME 10, NUMBER 4 Family members and caretakers are often confused by the difference between powers of attorney and guardianship. The difference is straightforward: powers of attorney can be signed by competent adults giving authority to someone else to act—including, but not necessarily limited, to those times when the signer may later…
ELDER LAW ISSUES
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JULY 22, 2002 VOLUME 10, NUMBER 3 Late-life marriages, of course, are usually unions of love—even when entered into by widows and widowers with families from earlier marriages. The strains on family relationships can be severe, but love can conquer all. Sometimes, though, late marriages can be the product of manipulation and overreaching by one…
JULY 15, 2002 VOLUME 10, NUMBER 2 Although many of the legal problems facing the elderly and the disabled are addressed through state laws, the underlying problems are regional, national or even universal. Though the national medical program for the elderly and disabled, Medicaid, is partially funded and broad guidelines set by the federal government,…
JULY 8, 2002 VOLUME 10, NUMBER 1 Identifying and protecting against abuse of nursing home residents is a difficult and continuing problem for authorities. The frailty and dependence of residents, coupled with high turnover and, too often, poor training and supervision, make it a challenge to prove cases of abuse or neglect. A recent incident…
JUNE 17, 2002 VOLUME 9, NUMBER 51 North Hollywood, California, elder law attorney Stuart Zimring knows what his clients want. “In my Elder Law practice,” he writes, “I have found that when I ask my clients (or their families) what they want more than anything, the answer is frequently ‘I want to stay at home.…
JUNE 10, 2002 VOLUME 9, NUMBER 50 Charles Zandford was a stockbroker working for Prudential-Bache Securities in 1987 when he first met William Wood. Mr. Zandford persuaded the elderly Mr. Wood to place over $400,000 in a brokerage account for investment. The money was intended to take care of not only Mr. Wood but also…
JUNE 3, 2002 VOLUME 9, NUMBER 49 When a trustee charges fees in excess of what is due, how much should it have to repay to the trusts? That was the question posed and decided recently by the U.S. Court of Appeals for the Ninth Circuit, sitting in California. Security Pacific National Bank merged into…
MAY 27, 2002 VOLUME 9, NUMBER 48 One way to help assure that you will not receive unwanted medical care is to sign an advance medical directive. Every U.S. state now recognizes health care powers of attorney (sometimes called health care proxies) or living wills. Nearly all states recognize both types of documents. Often, however,…
MAY 20, 2002 VOLUME 9, NUMBER 47 The probate process is often viewed as unnecessarily time-consuming and expensive. Most states (Arizona included) have vastly simplified probate proceedings, but they can still seem unduly burdensome. Of course, the whole point of having a court-run probate process is to ensure that all parties’ rights and interests are…
MAY 13, 2002 VOLUME 9, NUMBER 46 Ralph Blakely, Jr., signed himself in to a mental health treatment facility for the first time in 1972. Despite treatment he received from time to time over the next quarter century, he continued to suffer from delusions, hallucinations and impaired memory. Mr. Blakely married in 1973. He and…