OCTOBER 2, 2000 VOLUME 8, NUMBER 14 If an individual becomes incapacitated someone must take responsibility for his or her business affairs. That may mean the appointment of a conservator (in some states, “guardian of the estate”) by the court. Sometimes the individual will have had the foresight to establish a trust, or at least…
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SEPTEMBER 25, 2000 VOLUME 8, NUMBER 13 David Pickett died in Portsmouth, New Hampshire, in February, 1993. The cause of his death, as the New Hampshire Supreme Court later described it, was “the infliction of an incision wound to his neck by one or more unknown persons.” No one has been prosecuted for his murder,…
SEPTEMBER 18, 2000 VOLUME 8, NUMBER 12 Lawyers’ clients often complain about the language of the law—it seems unnecessarily strained and convoluted. Even as lawyers try to capture their meaning in more conversational tones, an occasional case will demonstrate the importance of precise language. Kenneth Starkey, whose will was written by his lawyer son, is…
SEPTEMBER 11, 2000 VOLUME 8, NUMBER 11 When an individual becomes incapacitated, and is no longer able to handle their own finances or make medical or personal decisions, an interested person may file a petition with the local court for appointment of a guardian and/or conservator. In most states (including Arizona), the court will promptly…
SEPTEMBER 4, 2000 VOLUME 8, NUMBER 10 Illinois residents James and Nancy Smithberg had been married for 33 years when they got divorced in 1996. Their divorce decree required James to name Nancy as beneficiary of his state retirement account death benefit, and Nancy in turn gave up her claims to other retirement accounts. The…
AUGUST 28, 2000 VOLUME 8, NUMBER 9 With the growing popularity of living trusts and the mobility of the American public, the question often arises: which state court has jurisdiction over a trust dispute? Before trusts were common, disputes after the death of a property owner were handled in the courts of the state where…
AUGUST 21, 2000 VOLUME 8, NUMBER 8 By Patricia Nelson* I disagree with a recent Elder Law Issues assertion that higher reimbursement rates are automatically required to meet nursing home staffing needs (see More On DHHS/HCFA Report Of Nursing Home Staff Shortages). Before such conclusions can be made, I await Sen. Charles Grassley’s US Committee…
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…
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…