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This page is a archive of recent entries in the Elder Law category.

Developments - Other is the previous category.

Estate & Gift Tax Developments is the next category.

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Recently in Elder Law Category

Potential End of Life Care Issues

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Theresa Brown, an oncology nurse, writes in an op-ed about end of life care issues with severely terminal patients. Specifically, she discusses the phenomenon of health insurance companies willing pay for heavy medical costs to prolong life for a...

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Arbitration in Long Term Care Contracts

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Mandatory arbitration clauses in contracts can limit a claimants rights to have their case heard in a court.  This can be especially difficult on the elderly with regards to their long-term care contracts in cases of neglect.  There are some...

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This article provides fifty helpful websites for nursing home patients and their families. Websites one through ten are dedicated to home care support of the elderly, and include topics such as: A guide for people seeking home care, medical professional agencies, information regarding the healthcare system, support...

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Health Care Directives Roadmap

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Wendy S. Goffe made available a book chapter on health care directives and the various religious implications associated with the directives.  See Wendy S. Goffe, "An Estate Planners Roadmap to the Valley of the Shadow of Death," ssrn.com (Nov. 03,...

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Power of Attorney or Guardianship?

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In the opening meeting of the Estate and Financial Planning Council of Central New Jersey on September 7, Stacey Crowell Maiden, Esq., spoke about court procedures involved if a client's diminished capacity prevents effective representation of the client.  Ms. Maiden...

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A 2010 study by the Investor Protection Trust found that one of five elderly Americans has been a victim of fraud, paid excessive fees for financial services or products, or been sold inappropriate investments.  A research study from MetLife puts...

Continue reading "Protecting the Elderly from Illegitimate Financial Services"

Alzheimer's and Estate Planning

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One in eight people will get Alzheimer's after they turn 65 years old.  Deborah L. Jacobs suggests that regardless of a person's current age or health, they must anticipate that they might become physically or mentally unable to manage their...

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The Wealth Strategies Journal has posted a new article entitled "Surviving the Great Consternation: Investing and Elder Care in the Age of Recession," by Robert Moshman, Esq.From the article:In summary: Our nation is grappling with economic woes, layoffs, the debt...

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Protecting Aging Clients' Finances

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Mark Miller recently published an article discussing how financial advisors can protect their aging clients' finances.  This issue is very important, especially when you consider that $18.1 trillion of the $53.1 trillion dollars in U.S. household net worth is held...

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Pennsylvania attempted to make it more difficult for disabled individuals to qualify for Medicaid benefits by revising its Medicaid eligibility requirements.  The new requirements imposed strict limits on pooled trusts.  A group of Medicaid recipients who used pooled trusts sued...

Continue reading "Portions of Pennsylvania's Medicaid Eligibility Requirements Found Invalid by U.S. District Court for the Eastern District of Pennsylvania"

Gerry W. Beyer, a University of Texas law professor, features a post on his blog discussing the case of Jackson v. Director of Office of Medicaid. In the case, following a husband's admittance to a nursing home, his wife made substantial transfers to each...

Continue reading "Certain Transfers to Adult Children May Disqualify Parents from Medicaid Benefits"

Bonnie Kraham, a practicing attorney, has published an article entitled "Protecting your Future:  Elder law estate planning has own terminology."  In the article Ms. Kraham defines a variety of terms that have special meaning when used in the context of...

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Kelly Greene posted an article, Driving a Bargain for Long-Term Care, The Wall Street Journal, May 28, 2011. Most people are unaware that they can haggle over the price of long term care.  The article provides valuable sources of information...

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Kelly Greene and Jessica Silver-Greenberg posted an article, Power Grab!, The Wall Street Journal, May 14, 2011. More banks are not accepting powers of attorney as the incidence of fraud, even among  the principal's family members is on the rise. ...

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Recent Cases of Interest to Fiduciaries: Part 3 - Jurisdiction and Standing, a publication by Dana Fitzsimons, Jr. and Meghan Gehr, of McQuireWoods, LLP, summarizes several recent state and federal holdings concerning jurisdiction and standing that may be of interst...

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