SEPTEMBER 21, 1998 VOLUME 6, NUMBER 12 Many court cases deal with the level of capacity required to make a valid will. From Maryland now comes a case dealing with the capacity to revoke an existing will. Doris and Max Showe married in 1978. Both had been married before; Doris had one son (William) and…
ELDER LAW ISSUES
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SEPTEMBER 14, 1998 VOLUME 6, NUMBER 11 James Ferber knew something about probate proceedings. The California man had been personal representative for his father’s estate, and did not have positive feelings about the proceeding. Due to several family quarrels (and one lawsuit filed against James over his handling of the probate), the estate was open…
SEPTEMBER 7, 1998 VOLUME 6, NUMBER 10 Heather Lynn Ramirez died after a tragic one-car accident on March 22, 1995. Prior to her death, she had been transported to Tucson Medical Center, one of Tucson’s more prominent hospitals. Shortly after her death, a TMC social worker approached the family about the possibility of donating some…
AUGUST 31, 1998 VOLUME 6, NUMBER 9 Last week in Elder Law Issues we reported on changes in Arizona’s law governing durable powers of attorney. We explained that financial powers of attorney must now include specific language and provisions, or they may be invalid. The change was one product of the annual legislative session, completed…
AUGUST 24, 1998 VOLUME 6, NUMBER 8 This month, two new laws governing powers of attorney became effective in Arizona. While the changes will not have much effect on existing powers of attorney, they may make new documents invalid, particularly when computerized forms (or forms prepared by lawyers who have not kept abreast of the…
AUGUST 17, 1998 VOLUME 6, NUMBER 7 A nursing home in the Sacramento, California, area is the latest to be targeted for abuse and neglect of its elderly residents. Ironically, the new reports of mistreatment come on the heels of a federal government study which pointed to severe shortcomings in the regulation of California nursing…
AUGUST 10, 1998 VOLUME 6, NUMBER 6 In 1993, Robert Wendland suffered a terrible automobile accident. The California man never recovered sufficiently to communicate, and he was unable to participate in the controversy over the possibility of removing his feeding tube last winter. Wendland, brain-damaged and paralyzed, lived for two years on a feeding tube…
AUGUST 3, 1998 VOLUME 6, NUMBER 5 Few nursing home residents have large incomes. Most, of course, are living on retirement and Social Security, and a few may have at least some investment income. Income tax liability will seem like an irrelevant issue for most long-term care residents. Still, income tax issues can be important…
JULY 27, 1998 VOLUME 6, NUMBER 4 Diana Marks was a professor at Whitworth College in Washington state, and a devout Christian. Ms. Marks, who had never married and had no children, was particularly close to Eldon and Judith Blanford, who (with her help) organized and operated “Personal Freedom in Christ Ministries,” a religious organization.…
JULY 20, 1998 VOLUME 6, NUMBER 3 When General Motors Corporation first began offering health insurance to its retired employees in 1961, it required them to pay a portion of their medical care. By 1968, however, GM was not only paying all the costs of medical insurance for retirees, but was also covering their spouses,…