| June 16, 2013 | A Chilling Story of Fraud Targeting an Elderly Victim |
| June 1, 2013 | Privacy and Medical Records: A Few Words About HIPAA |
| May 26, 2013 | Estate Planning Issues For People With Pets |
| May 19, 2013 | Trust Administration Dispute Ends Up Costly for Complainant |
| May 12, 2013 | Court Avoids Deciding Fate of Unnecessary Special Needs Trust |
| May 5, 2013 | Bypass Trusts, Disclaimer Trusts and Portability in Estate Planning |
| April 28, 2013 | Some Questions We’re Being Asked a Lot Lately |
| April 21, 2013 | Court Ruling on Special Needs Trust Does Not Resolve Medicaid Eligibility |
| April 13, 2013 | How To “Fund” Your Revocable Living Trust |
| April 7, 2013 | Upon Death of a Loved One, Some Things to Address |
| March 31, 2013 | Driving, Aging and Dealing With Family Dynamics |
| March 24, 2013 | Special Needs Trusts and the New Medicare Tax |
| March 17, 2013 | Long-Term Care Insurance: A 2013 Update |
| March 10, 2013 | New York Judge Takes Bank, Lawyer to Task Over Special Needs Trust |
| March 3, 2013 | Can a Person with Dementia Sign Legal Documents? (Part 2) |
| February 24, 2013 | Can a Person With Dementia Sign Legal Documents? |
| February 24, 2013 | Book Review: “The Military Guide to Financial Independence and Retirement” |
| February 24, 2013 | “What Color is your Parachute? (For Retirement)” |
| February 24, 2013 | Book Review: “Can I Retire?” |
| February 17, 2013 | Put Your Accounts in Your Daughter’s Name — What Could Go Wrong? |
| February 10, 2013 | Book Review: “How To Retire Happy” |
| February 10, 2013 | Good News for Trustees, Beneficiaries of Special Needs Trusts |
| February 5, 2013 | The Couple’s Retirement Puzzle: 10 Must-Have Conversations for Transition to the Second Half of Life |
| February 4, 2013 | Estate Planning Smarts: A Practical, User-Friendly, Action-Oriented Guide |
| February 3, 2013 | Accounting Requirements for Irrevocable Trusts in Arizona |
| January 27, 2013 | Divorce Case Includes Useful Pointers for Elder Law Attorneys |
| January 27, 2013 | The Joy of Not Working: A Book for the Retired, Unemployed and Overworked |
| January 20, 2013 | Can a Special Needs Trust Pay Credit Card Bills? Security Deposit? |
| January 13, 2013 | Estate Planning in 2013 — Is It Time To Make Changes? |
| January 6, 2013 | Mental Illness and Guardianship in Arizona |
| December 30, 2012 | New Years Resolutions — Feel Free to Borrow One or More |
| December 16, 2012 | Interested In a CCRC? Here Are Some Issues to Consider |
| December 9, 2012 | Beware Of Holiday Scams |
| December 2, 2012 | Lawyer, Acting as Trustee, Challenged for Self-Dealing |
| November 25, 2012 | Mexican Land Trust Is Not a “Trust” to the IRS |
| November 18, 2012 | Gift Tax Limit Will Rise to $14,000 in 2013 |
| November 11, 2012 | Step-Children and Disinherited Children Might Have Rights — It Depends |
| November 4, 2012 | The Loft Film Fest — Fleming & Curti Co-Sponsors Two Films |
| November 4, 2012 | I Just Want to Put My Daughter’s Name On My Deed |
| October 21, 2012 | How Much Does It Cost to Get a Guardian and/or Conservator Appointed? |
| October 14, 2012 | What Is “Elder Law”? |
| October 8, 2012 | Driving — Is It In Your Power of Attorney? |
| October 7, 2012 | LLC Interest Not Transferred to Trust During Life, is Subject to Probate |
| September 30, 2012 | “In Terrorem” Provision Does Not Violate Public Policy |
| September 23, 2012 | We Suggest Two Positive Things About Probate — But Not Too Vigorously |
| September 8, 2012 | Is It Important to Avoid Probate? Why, or Why Not? |
| September 2, 2012 | Special Needs Trusts: How Much Trouble Are They to Manage? |
| August 26, 2012 | Claimant Must Prove Undue Influence, Lack of Capacity |
| August 19, 2012 | Is a Contract Not to Revoke Your Will Enforceable? A Good Idea? |
| August 13, 2012 | Disclaimer Ineffective When Signed After Accepting Benefit of Property |
| August 5, 2012 | Not a Policy Wonk or Wannabe? Skip This Week’s Elder Law Issues |
| July 28, 2012 | “Filial Support” Laws: Making Children Pay for Their Parents’ Nursing Home |
| July 22, 2012 | Divorced, Separated or Filing Soon? Think About Your Estate Plan |
| July 15, 2012 | Living Trust Does Not Prevent Court Involvement After Misuse of Funds |
| July 8, 2012 | CMS: Hospice Patients CAN Appeal Their Care Provider’s Decisions |
| July 1, 2012 | Some Persistent Myths About Probate Exploded |
| June 24, 2012 | Arkansas Court Refuses to Allow Trust Modification |
| June 10, 2012 | UTMA Account Is Treated Like a Trust Account |
| June 2, 2012 | Finders Keepers? Losers Weepers? |
| May 28, 2012 | Posthumously Conceived Twins Denied Survivors Benefits |
| May 20, 2012 | Retirement Account Is Community Property But Need Not Be Split Equally |
| May 13, 2012 | Missing Will Presumed Revoked, But Codicil Partially Reinstates It |
| May 6, 2012 | Lifetime Asset Transfers Voided Based on Agreement to Make Will |
| April 29, 2012 | Is a Veterans Administration Benefit Right for You? |
| April 22, 2012 | How To Avoid Probate — And What Doesn’t |
| April 15, 2012 | EINs for Trusts: The Questions Just Keep Pouring In |
| April 8, 2012 | Helping Care for Your Relative Provides Income Tax Benefits |
| April 1, 2012 | “Grandma, it’s me and I need your help.” Don’t Be Fooled By This Scam |
| March 25, 2012 | Tax Identification Numbers for Trusts After Death of Spouse |
| March 18, 2012 | Guardianship May Suggest Lack of Testamentary Capacity |
| March 11, 2012 | Physical Limitations Can Lead to “Vulnerable Adult” Finding |
| March 4, 2012 | “Vexatious Litigant” Title Takes On Real Meaning in Phoenix Case |
| February 26, 2012 | Think Your Family Member Needs a Guardian? Proceed With Caution |
| February 23, 2012 | The Millionaire Next Door: The Surprising Secrets of America’s Wealthy |
| February 22, 2012 | “Reinventing Retirement: 389 Bright Ideas about Family, Friends, Health, What to Do and Where to Live” |
| February 21, 2012 | The AARP Retirement Survival Guide — How to Make Smart Financial Decisions in Good Times and Bad |
| February 19, 2012 | Amending Your Will–Caution: Do Not Try This At Home |
| February 17, 2012 | The Smartest Retirement Book You’ll Ever Read |
| February 12, 2012 | Guardians Control Care Decisions, But Authority Is Not Absolute |
| February 5, 2012 | Book Review – Smart Women Don’t Retire |
| February 5, 2012 | Maine Service Cutback Leaves Disabled Minor Without Program |
| January 29, 2012 | Will Rejected in Illinois but Approved by Indiana Courts |
| January 15, 2012 | Why You Should Not Create a Special Needs Trust |
| January 8, 2012 | Challenge to Three-Year-Old Trust Reformation is Dismissed |
| January 1, 2012 | Court Rule Changes Will Affect AZ Fiduciaries in 2012 |
| December 26, 2011 | Ohio Probate Judge Describes Court as “Superior Guardian” |
| December 18, 2011 | Arizona Probate Court Changes Coming in 2012 |
| December 10, 2011 | Guardians’ Fees for Advocacy Work Disallowed by Court |
| December 4, 2011 | Probate Judge Sets Visitation Schedule in Minor Guardianship |
| November 20, 2011 | Paternity Testing Allows Unacknowledged Son to Share in Estate |
| November 13, 2011 | Some Thoughts About Guardianship and Conservatorship in Arizona |
| November 5, 2011 | Patient With Dementia May Have Authored Valid Will |
| October 30, 2011 | Lawyer’s Move From Representing Widow to Estate is Problematic |
| October 23, 2011 | Excessive Fee in Special Needs Trust Leads to Lawyer’s Suspension |
| October 16, 2011 | Marital Agreements and Death of One Spouse |
| October 2, 2011 | Principles Governing Third-Party Special Needs Trusts |
| September 24, 2011 | Principles of Self-Settled (“First Party”) Special Needs Trusts |
| September 20, 2011 | Book Review – Protecting Your Parents’ Money |
| September 18, 2011 | Trustees Are “Owners” of Home for Lien Protection Purposes |
| September 16, 2011 | Book Review: “How to Retire Happy, Wild and Free” |
| September 16, 2011 | Book Review: “The Successful Retirement Guide” |
| September 11, 2011 | Remainder Beneficiaries Not Entitled to Trust Beneficiary’s Financial Info |
| September 4, 2011 | In-Home Caretaker Wages Deductible Based on Doctor’s Letter |
| August 21, 2011 | Estate Planning: It Shouldn’t Be About the Lawyers |
| August 7, 2011 | How To Revoke Your Revocable Living Trust, Will or Power of Attorney |
| July 31, 2011 | Court Selection of Conservator Should Have Family Input |
| July 24, 2011 | Appellate Court Upholds Orders in New Jersey/Texas Guardianship |
| July 17, 2011 | The Difference Between Powers of Attorney and Guardianship |
| July 10, 2011 | Petitioner Not Appointed Conservator, Pays Own Attorney |
| July 4, 2011 | Failure to Distribute Estate On Time Leads to Damages Award |
| June 26, 2011 | What Is a Trust Protector? Do You Need One In Your Trust? |
| June 19, 2011 | Decanting: It’s Not Just for Fine Wines Anymore |
| June 12, 2011 | Lawyer Suspended After Representing Wife as Conservator |
| June 5, 2011 | When Is a Living Trust More Appropriate Than a Will? |
| May 29, 2011 | We Invite Your Questions, and Answer a Few |
| May 15, 2011 | Lawyer Suspended for Bad Special Needs Trust Advice |
| May 8, 2011 | If You Were the Probate Judge, What Would You Decide? |
| May 2, 2011 | Updated information re: hoarding |
| May 1, 2011 | Despite Guardianship, Ward May Have Capacity to Marry |
| April 24, 2011 | Arizona Legislature Adopts Probate Changes |
| April 17, 2011 | NAELA, NELF, CELA, ACTEC — What Does It All Mean? |
| April 9, 2011 | Conservator’s Accounting Approved in Contentious Proceeding |
| April 3, 2011 | What Preparation Do I Need For My Son’s 18th Birthday? |
| March 27, 2011 | Consumer Alert: Watch Out for Pitchmen — Come Hear Our Pitch |
| March 20, 2011 | Ohio Lawyer Suspended From Practice Over Mishandling of Guardianship |
| March 13, 2011 | How To Revoke Your Revocable Living Trust. Not. |
| March 11, 2011 | How Should Special Needs Trust Funds Be Invested? |
| March 6, 2011 | Some More of Our Readers’ Questions Answered |
| February 27, 2011 | Does a Guardian Have the Power to File a Divorce Petition? In Some States, Yes |
| February 27, 2011 | “The Dead Have Rights, Too” |
| February 20, 2011 | We Take a Stab at Some Of Our Common Legal Questions |
| February 7, 2011 | Benefits Eligibility Irrelevant in Lawsuit Over Trust Terms |
| February 6, 2011 | Boomers to Inherit $8 Trillion |
| January 30, 2011 | Uniform Transfers to Minors Act Accounts in Arizona: A Primer |
| January 23, 2011 | More on Types of Trusts — Some of the Less Common Varieties |
| January 16, 2011 | Different Types of Trusts for Different Purposes |
| January 2, 2011 | Attorney Disciplined for Advice to Ignore POA Limitations |
| December 26, 2010 | Trustee Is Not Required To Create Special Needs Sub-Trust |
| December 19, 2010 | Estate Tax Reform 2010 — Is It Over Yet? |
| December 12, 2010 | Arizona Court of Appeals Orders Review of Fees in Guardianship |
| December 5, 2010 | Can My Brother’s Special Needs Trust Pay His Property Taxes? |
| November 21, 2010 | Despite the Lawyers’ Best Efforts Heirs May Contest Estate Plan |
| November 14, 2010 | Even With a Will the Probate Court May Need to Interpret |
| November 7, 2010 | Joint Tenancy Does Not Always Mean Equal Ownership |
| November 2, 2010 | Restaurant review — and not even in Tucson |
| October 31, 2010 | Wife’s Opinion Regarding Divorce Controls Despite Her Incapacity |
| October 24, 2010 | “Vest Pocket” Deed Is Valid to Transfer Family Farmland |
| October 17, 2010 | Trust Named as IRA Beneficiary? Here’s How it Works |
| October 10, 2010 | Agents Under Power of Attorney Justify $20 Million in Expenditures |
| October 3, 2010 | How to Leave Your IRA to a Trust — And Why You Might |
| September 26, 2010 | How To Leave An IRA To A Child Who Has a Disability |
| September 19, 2010 | Draft Will Is Almost (But Not Quite) Admitted to Probate |
| September 12, 2010 | Reverse Mortgage Danger Signals |
| September 5, 2010 | What is the Value of a Senior’s Life? |
| August 22, 2010 | Distinguishing Two Kinds of Special Needs Trusts |
| August 18, 2010 | Book Review – Still Alice |
| August 15, 2010 | Conservator May Be Able To Act As Successor Trustee |
| August 8, 2010 | Estate Tax or Death Tax — Who Actually Pays Any? |
| August 1, 2010 | Improving Communication Between You and Your Doctor |
| July 24, 2010 | Reciprocal Wills Enforceable After Death of One Spouse |
| July 11, 2010 | Interstate Guardianship Law Adopted in Arizona |
| June 28, 2010 | Late Request Does Not Prevent Fee Award to Trustee’s Lawyer |
| June 21, 2010 | Home Mortgage Lender Pays Damages in Repair Scheme |
| June 14, 2010 | Trust Created by Spouse Using Power of Attorney is Validated |
| May 31, 2010 | Why Do I Have To Complete That Darned Questionnaire? |
| May 24, 2010 | Estate Taxes, Crystal Balls and What Might Happen This Year |
| May 16, 2010 | “Spendthrift” Trust Protects Against Beneficiary’s Creditors |
| May 3, 2010 | Non-Lawyer Trust Preparation Group Shut Down in Indiana |
| April 26, 2010 | Durable Powers of Attorney Are Important But Dangerous |
| April 19, 2010 | Our Free Seminar Reviews 2010 Law Changes For Estate Plans |
| April 12, 2010 | Support Can Be Awarded After Child’s Majority In Some Cases |
| April 5, 2010 | Deductions for Taxpayers and Families With Special Needs |
| March 22, 2010 | Maryland Medicaid Agency Settles Multi-Million Dollar Lawsuit |
| March 15, 2010 | Late-Life Marriage Leads To Property Dispute in Divorce |
| March 8, 2010 | Attorney’s Position on Ending Guardianship Case Approved |
| March 1, 2010 | Online Video Gives Advice On How to Write Your Living Will |
| February 22, 2010 | In Rare Challenge, Court Finds Revocation of Will Effective |
| February 15, 2010 | DNA Test Might Be Useful To Establish Decedent’s Paternity |
| February 8, 2010 | UTMA Custodian Accountable After Beneficiary’s Majority |
| January 25, 2010 | Simplified Probate Proceeding Valid Even Though Fraudulent |
| January 11, 2010 | Roth IRA Conversion in 2010 More Attractive For Some |
| January 4, 2010 | Montana High Court Approves “Death With Dignity” Request |
| December 28, 2009 | Court Distinguishes Between Undue Influence, Incapacity |
| December 21, 2009 | Video by Exploiters Leads to Witness Tampering Conviction |
| December 14, 2009 | Protecting Clients From Their Own Mistakes Can Be A Challenge |
| November 30, 2009 | What To Do When a Family Member or Loved One Dies |
| November 23, 2009 | Guardian Allowed to Restrict Visitors, Telephone and Mail |
| November 16, 2009 | January Session Will Focus On Paying for Long-Term Care |
| November 2, 2009 | Lawyer Ordered to Return Funds Taken by Conservator |
| October 26, 2009 | Some Medicare Recipients Will See a Rise in 2010 Premiums |
| October 19, 2009 | Dispute Over Family Home Pits Children Against Stepchildren |
| October 12, 2009 | Several Factors Increase Cost Of Conservatorships in Arizona |
| October 5, 2009 | Estate Plan For Benefit Of “Confidential” Wife Upheld |
| August 24, 2009 | Social Security Probably Won’t Have a Cost of Living Increase |
| August 17, 2009 | Do You Need a New Tax ID Number for Your Living Trust? |
| August 10, 2009 | Advice On Making Health Care Decisions For Someone Else |
| August 3, 2009 | Should There Be An In Terrorem Clause in Your Will or Trust? |
| June 22, 2009 | Lawyer Suspended After Filing Guardianship Petition on Client |
| June 15, 2009 | “Joint Control Agreement” Leads to Lawyer’s Liability |
| June 8, 2009 | What Do You Do After Signing Your Trust? Come to Our Class |
| June 1, 2009 | To Our Favorite Estate Planning Client: Please Help Us Help You |
| April 27, 2009 | Guardian Not Personally Liable For Alleged Lack of “Due Care” |
| April 20, 2009 | Some Advice About Selecting Fiduciaries For Your Estate Plan |
| April 13, 2009 | Father’s Body, Moved Once, Need Not Be Moved Yet Again |
| April 28, 2008 | Extra Income for Veterans and Spouses Can Help Pay for Care |
| April 21, 2008 | Court: “Massive Curtailment of Liberty” in Guardianship Cases |
| April 14, 2008 | ‘Til The Cows Come Home—A Parental Exploitation Story |
| April 7, 2008 | Yet Another Reminder: Trusts Must Be “Funded” Properly |
| April 30, 2007 | Government Report Highlights Problems With Older Drivers |
| April 23, 2007 | GAO Report Criticizes Lax Oversight of Nursing Homes |
| April 16, 2007 | Alive and Kicking: New Book Offers Legal Advice to Boomers |
| April 9, 2007 | High-Stakes Guardianship Case Illustrates Multistate Conflicts |
| April 2, 2007 | Personal Services Agreement Upheld As Payment for Value |
| November 27, 2006 | Lawyer Who Drafted Contested Will Sued After Case Settles |
| November 20, 2006 | Medicare Part D Enrollment Period Runs Through Year End |
| November 13, 2006 | Pension Protection Act of 2006 Includes Little-Known Benefits |
| November 6, 2006 | Beneficiary Form in Substantial Compliance With 401(k) Rules |
| April 24, 2006 | Attorney Prepares Will Leaving Client’s Estate to His Daughter |
| April 17, 2006 | Suit Against Bank for Allowing Trust Amendments Dismissed |
| April 10, 2006 | Iowa Allows Medicaid Recovery Against Joint Tenancy Property |
| April 3, 2006 | Arizona Legislature Changes Format For Beneficiary Deed |
| April 25, 2005 | Wrong Advice From Eligibility Worker Leads to Loss of Home |
| April 18, 2005 | Discharge From Nursing Home Must Describe Placement Plans |
| April 11, 2005 | Ward Should Be Allowed To Express Wishes, Hire Counsel |
| April 4, 2005 | What Have We Learned From The Tragedy of Terri Schiavo? |
| May 31, 2004 | Court Strikes Down Ashcroft Directive on Assisted Suicide |
| May 24, 2004 | New Uniform Trust Code Does Not Permit Termination of Trust |
| May 17, 2004 | Court Cases Demonstrate Two Remedies For Elder Abuse |
| May 10, 2004 | Bank Liable for Exploitation By Branch Manager and Assistant |
| May 3, 2004 | Safety For the Older Driver: Is Skills Training the Answer? |
| April 26, 2004 | LPNs Awarded Damages In Wrongful Termination Case |
| April 19, 2004 | Combative Alzheimer’s Patient Not Liable for Injuries to Nurse |
| April 12, 2004 | Probate Fee Dispute Leads to Additional Attorney’s Fees |
| April 5, 2004 | “Full Faith and Credit” Applies In Two-State Probate Actione |
| March 29, 2004 | Power of Attorney Used to Change Insurance Beneficiaries |
| March 22, 2004 | Deceased Beneficiary’s Share of Trust Goes to Her Children |
| March 15, 2004 | Mother Sues Son Over Transfer of Home and Bank Accounts |
| March 8, 2004 | Court Says HHS Secretary Thompson Acted in Bad Faith |
| March 1, 2004 | Fleming & Curti Offers Seminar For “Special Needs” Trustees |
| February 23, 2004 | Pending Insurance Claim Is Not “Available” to ALTCS Applicant |
| February 16, 2004 | Ward Has Burden of Proving That Guardianship Should End |
| February 9, 2004 | Medicaid Beneficiary’s Alimony Payments Allowed to Continue |
| February 2, 2004 | Selection Of Proper Trustee Is Key To Administration Of Trust |
| January 26, 2004 | Fiduciary Duty Not Breached In Limited Conservatorship Case |
| January 19, 2004 | Proponent of Invalid Will Must Pay Attorney’s Fees to Family |
| January 12, 2004 | Arizona Restricts Use of “Self-Settled” Special Needs Trusts |
| January 5, 2004 | Special Needs Trust Can Protect Benefits After Personal Injury |
| December 29, 2003 | Divorce Court Orders Support For Adult Child With Disability |
| December 22, 2003 | CPR Efforts May Have Violated Nursing Home Rights Law |
| December 15, 2003 | Lawyer Loses Her Own Case, Faces Bar Disciplinary Action |
| December 8, 2003 | Appointment of “Next Friend” In Divorce Reversed on Appeal |
| December 1, 2003 | Medicare Changes Will Include Prescription Drug Coverage |
| November 24, 2003 | Malicious Prosecution Case Against Lawyers Dismissed |
| November 17, 2003 | Hospital Gets No Credit For Care Not Paid By Medicare |
| November 10, 2003 | Home Health Agency Declares Bankruptcy, Blames Medicare |
| November 3, 2003 | Special Needs Trust Planning for Children With Disabilities |
| October 27, 2003 | Without “Testamentary Intent” Handwritten Note is Not a Will |
| October 20, 2003 | Probate Court’s Appointment of Agent as Guardian Reversed |
| October 13, 2003 | Agreement Between Spouses Voided Ten Years After Signing |
| October 6, 2003 | Arizona Adopts New Uniform Trust Code Effective Next Year |
| September 29, 2003 | Guardian Not Permitted To Maintain Divorce Proceeding |
| September 22, 2003 | Five Decades After Will Was Written Court Modifies Terms |
| September 15, 2003 | Daughter Who Took Mother’s Money May Owe Nursing Bills |
| September 8, 2003 | Multiple Owners Have Equal Interests In Joint Bank Account |
| September 1, 2003 | Undocumented Aliens Receive Limited Medicaid Benefits |
| August 23, 2003 | Contract Not To Change Will Is Enforceable Against Estate |
| August 18, 2003 | State High Court Strikes Down Grandparent Visitation Law |
| August 11, 2003 | Guardian of Estate Must Pay Personally For Copies of Checks |
| August 4, 2003 | Judge Hearing Conservatorship Matters Is “Ultimate” Authority |
| July 28, 2003 | Massachusetts High Court Limits Wards’ Right to Counsel |
| July 21, 2003 | Patient’s Daughter Has No Claim Against Nursing Home |
| July 14, 2003 | Trust Salesmen Alleged To Have Pushed Seniors Into Annuities |
| July 7, 2003 | Purchase of Life Interest Does Not Gain Medicaid Coverage |
| June 30, 2003 | Medicare Patients Entitled To Receive Investigation Results |
| June 23, 2003 | Wills Usually Are Valid, and Not All Family Influence is “Undue” |
| June 16, 2003 | Joint Tenancy Account May Be Different In Different States |
| June 9, 2003 | Employee’s Name Taken Off State Misappropriation List |
| June 2, 2003 | Attempt to Force Children to Pay Father’s Hospital Bill Fails |
| May 26, 2003 | Beneficiary Change Requires Higher Mental Capacity Level |
| May 19, 2003 | Probate Court May Bypass Ward’s Choice Of Conservator |
| May 12, 2003 | New York Lawyer Disbarred For Financially Exploiting Seniors |
| May 5, 2003 | Victim Does Not Inherit Killer’s Property in Murder-Suicide Case |
| April 28, 2003 | Two Life Insurance Beneficiary Designations Require Litigation |
| April 21, 2003 | Two Lawyers Suspended For Including Themselves in Wills |
| April 14, 2003 | State High Court Counts Husband’s Trust As Available Resource |
| April 7, 2003 | Powers of Attorney: Draft With Care and Use as Instructed |
| March 31, 2003 | Contingency Fee Agreement Permitted Only If Fee Is Reasonable |
| March 24, 2003 | Dealing With the Older Driver: Driving Skills Assessments |
| March 17, 2003 | Older Drivers and State Laws: A Few Things to Consider |
| March 10, 2003 | Medicaid Eligibility Choices May Require Expert Advice |
| March 3, 2003 | Purchase of Life Estate Does Not Gain Medicaid Eligibility |
| February 24, 2003 | “Common-Law” Marriage Is Recognized In Some States |
| February 17, 2003 | Son Disinherited Because of Felony Despite Expungement |
| February 10, 2003 | Administrator’s Sentence For Medicare Fraud Not Reduced |
| February 3, 2003 | Attorney Managing Estate Sued For Malicious Prosecution |
| January 27, 2003 | State Must Formally Adopt Its Medicaid Estate Recovery Rules |
| January 20, 2003 | Court Looks To Exact Words Of Trust To Settle Trustee Dispute |
| January 13, 2003 | Adoption By Grandparents Set Aside Years Later As Fraudulent |
| January 6, 2003 | Claim Against Estate Offset By Tobacco Company Litigation |
| December 30, 2002 | Wrongful Death Claim Not Available to Decedent’s Estate |
| December 23, 2002 | Juvenile Court Appointment of Guardian Ad Litem Reversed |
| December 16, 2002 | Bankruptcy Court Discharges Trustee’s Liability for Breach |
| December 9, 2002 | Fund Earmarked For Nursing Homes Frozen In Budget Crisis |
| December 2, 2002 | Lawyer Never Met With Client, and Will He Prepared Is Invalid |
| November 25, 2002 | Beneficiary of Unsigned Will Not Permitted to Sue Attorney |
| November 18, 2002 | Promise Made To Companion Enforceable Against Estate |
| November 11, 2002 | Medicaid Entitled to Recover From Pain and Suffering Claim |
| November 4, 2002 | Property Owned In Living Trust Is Not Affected By New Will |
| October 28, 2002 | Claim Against UTMA Custodian For Taking Funds Filed Too Late |
| October 21, 2002 | Dealing With Impaired Driving Skills In Aging Family Members |
| October 14, 2002 | Death of Husband Ends Wife’s Right To Spousal Maintenance |
| October 7, 2002 | What Can Be Done About Driving Skills As We Age? |
| September 30, 2002 | Two California Cases Illustrate Types of Elder Abuse, Neglect |
| September 23, 2002 | Federal Court Approves State’s Medicaid Drug Savings Plan |
| September 16, 2002 | Niece’s Will Contest Dismissed Because She Lacked Standing |
| September 9, 2002 | Unsigned Will Invalid Despite Clear Intentions of Decedent |
| September 2, 2002 | Failure to Claim Share of Estate Results In Medicaid Ineligibility |
| August 26, 2002 | Bank May Be Liable For Loss Caused By Fiduciary Breach |
| August 19, 2002 | Nursing Home Fined $320,000 Over Care of Ventilator Patients |
| August 12, 2002 | $1.3 Million Award Upheld Against Nursing Home Doctor |
| August 5, 2002 | State High Court Allows Gift of Home Using Power of Attorney |
| July 29, 2002 | Court Denies Guardianship Petition Based on Power of Attorney |
| July 22, 2002 | Payments In Annulment Case End With Death of Ex-Husband |
| July 15, 2002 | Medicaid Eligibility Lost After Recipient Moves From District |
| July 8, 2002 | Nurse’s Aide Disciplined Based On Deceased Patient’s Affidavit |
| June 17, 2002 | Home Care Suggestions From A National Elder Law Expert |
| June 10, 2002 | Stockbroker Faces Both Criminal Charges and SEC In Theft |
| June 3, 2002 | Trustee in Fee Dispute Must Repay a Share of Bank Profits |
| May 27, 2002 | Feeding Tube Withdrawn From Patient With No Living Will |
| May 20, 2002 | Widow Awarded Attorney’s Fees In Action Against Estate |
| May 13, 2002 | Guardian Ad Litem Appointed For Incapacitated Litigant |
| May 6, 2002 | Contract For Legal Services On Behalf of Minor May Be Voidable |
| April 29, 2002 | Long-Time Companion Is Not Entitled To Share of Estate |
| April 22, 2002 | Constitution Does Not Protect Against Poor Estate Planning |
| April 15, 2002 | Children “Legally Recognized” in New York Fail to Inherit in Georgia |
| April 8, 2002 | Vulnerable Seniors Increasingly Targeted For Living Trust Sales |
| April 1, 2002 | Victim Sues Rapist’s Previous Employer Over Reference Form |
| March 25, 2002 | Defendant In Medicaid Fraud Case Responds To Elder Law Issues |
| March 18, 2002 | Transsexual’s Marriage Ruled Invalid By State Supreme Court |
| March 11, 2002 | Antenuptial Agreement May Not Avoid Claim Against Estate |
| March 4, 2002 | “Equitable” Adoption Denied In Absence of Evidence of Intent |
| February 25, 2002 | Employer Pays Twice After Guardian Mishandles Funds |
| February 18, 2002 | Court Dismisses Claim Alleging Neglect Of Mother-In-Law |
| February 11, 2002 | Creditor Files Claim Against Parent’s Joint Tenancy Account |
| February 4, 2002 | Debts Not Forgiven At Death Without Proper Documentation |
| January 28, 2002 | Damages Upheld For Medicare “Whistle-Blower” Employee |
| January 21, 2002 | Unsuccessful Challenge Costs Claimant And His Attorney |
| January 14, 2002 | States Vigorously Prosecute Medicaid and Medicare Fraud |
| January 7, 2002 | Massachusetts First on Modern Conception and Inheritance |
| December 31, 2001 | Assisted Living Facility May Be Liable For Death Of Resident |
| December 24, 2001 | Medicare+Choice Benefits Are Permitted To Vary By Region |
| December 17, 2001 | Lawyer/Draftsman Not Liable For Agent’s Misappropriations |
| December 10, 2001 | Husband Kills Wife, But His Family Inherits From Her Estate |
| December 3, 2001 | Sons Inherit From Father Even After Adoption By Step-Father |
| November 26, 2001 | Claimant In Will Contest Not Entitled To Trial By Jury |
| November 19, 2001 | Unsigned Deed Effects Transfer Despite “Statute of Frauds” |
| November 12, 2001 | Cremation Approved Despite Objection From Next of Kin |
| November 5, 2001 | Americans With Disabilities Act Overrides Local Zoning Rules |
| October 29, 2001 | Grandson’s Creditors Can Not Reach Spendthrift Trust Assets |
| October 22, 2001 | Eligibility, Benefits Figures Increase With Cost of Living |
| October 15, 2001 | Evidence of Living Will Intent Must Be Clear and Convincing |
| October 8, 2001 | Probate Court Lacks Authority To Seize Lawyer’s Property |
| October 1, 2001 | Prenuptial Agreement Is Valid Despite Wife’s Failure To Read |
| September 24, 2001 | Medicaid Underpays Nursing Homes By $9 Per Patient Day |
| September 17, 2001 | “Trust Mill” Shut Down, But State Pays Parent Company |
| September 10, 2001 | Nursing Home May Sue On Surety Bond For Nonpayment |
| September 3, 2001 | “Simultaneous Death” Laws In Conflict For Insurance Payout |
| August 27, 2001 | Power of Attorney Does Not Always Avoid Conservatorship |
| August 20, 2001 | Neighbor Who Volunteered Help May Not Sue For Injuries |
| August 13, 2001 | Court Refuses Permission For Withdrawal Of Feeding Tube |
| August 6, 2001 | Court Win For Innovative Drug Cost Control Program In Maine |
| July 30, 2001 | States Differ On Grandparents’ Rights To Visit Grandchildren |
| July 23, 2001 | Heir Sues Agent For Adding Beneficiaries To Bank Accounts |
| July 16, 2001 | California Court Says Patients Can Sue Medicare HMOs |
| July 9, 2001 | Lawyer Must Follow Impaired Client’s Wishes In Most Cases |
| July 2, 2001 | Yet Another Tax Protestor Finds Trusts Are No Magic Tax Shield |
| June 25, 2001 | Publishers Clearing House Must Cooperate With Iowa Investigation |
| June 18, 2001 | New Tax Law Will Mean More Planning Is Necessary, Not Less |
| June 11, 2001 | What Estate Tax Repeal Means For Most Taxpayers: Not Much |
| June 4, 2001 | Marriage Involving Transsexual Challenged By Decedent’s Son |
| May 28, 2001 | Small Life Insurance Policies Complicate Medicaid Eligibility |
| May 21, 2001 | Guardian Of Estate Does Not Have Power To Revoke Trust |
| May 14, 2001 | Déjà Vu: Another AZ Public Fiduciary Charged In Thefts |
| May 7, 2001 | Questions and Answers About Arizona’s “Beneficiary Deed” |
| April 30, 2001 | Arizona Legislature Adopts Real Estate “Beneficiary Deed” |
| April 23, 2001 | Court Approves Withdrawal Of Life Support In Florida Case |
| April 16, 2001 | Two Taxpayers Learn “Sham” Trusts Will Not Shelter Income |
| April 9, 2001 | Facility May Be Liable In Sexual Assault By Unsupervised Aide |
| April 2, 2001 | Adoption Cuts Off Automatic Inheritance From Grandmother |
| March 26, 2001 | Federal Law on Beneficiaries Overrides State Divorce Rules |
| March 19, 2001 | Family Feud Consumes Millions And Leads To Court Sanctions |
| March 12, 2001 | Court Can Order Reduction Of Personal Representative’s Fees |
| March 5, 2001 | Patient’s Right To Refuse Blood Upheld, Though Posthumously |
| February 26, 2001 | Wife Sues Lawyer For Failing To Advise Disclaimer Of Insurance |
| February 19, 2001 | Evidence Rebuts Presumption Of Paternity For Social Security |
| February 12, 2001 | “Intentional Interference” Tort Claim Recognized in Alabama |
| February 5, 2001 | Widow Is Impoverished, But Prenuptial Agreement Stands |
| January 29, 2001 | Sixteenth Century Statute Reviewed By Colorado Courts |
| January 22, 2001 | Home Repair Scam Leads To Twenty-Five Year Jail Sentence |
| January 15, 2001 | Children’s Suit Against Lawyer Over Trust Drafting Dismissed |
| January 8, 2001 | False Application Info Leads To Rescission Of LTC Insurance |
| January 1, 2001 | Grandparent Visitation Rights Upheld In Arizona Court Case |
| December 25, 2000 | State Medicaid Program Must Pay For Woman’s Knee Surgery |
| December 18, 2000 | Tube Feedings May Not Help Emaciated, Bed-Ridden Patient |
| December 11, 2000 | Retirement Plan Beneficiary Designation Controls Despite Will Provisions |
| December 4, 2000 | Paternity Question Raised In Probate Thirty Years Later |
| November 27, 2000 | Medicaid “Transfer” Is Incomplete Until Joint Owners Withdraw Funds |
| November 20, 2000 | Medicare HMOs Continue To Cut Programs Across Country |
| November 13, 2000 | Unlike Arizona, Oregon Power of Attorney Effective for Gifts |
| November 6, 2000 | Purchase At Tucson Estate Sale Generates $574,730 Profit |
| October 30, 2000 | Same-Sex Couples Can Face Higher Estate Tax Liability |
| October 23, 2000 | Conservator Not Liable For Failure To Secure Medicaid Coverage |
| October 16, 2000 | The Elder Law Answer Book: A New Resource For Practitioners |
| October 9, 2000 | Arizona Community Property Is Not Always Subject To Probate |
| October 2, 2000 | Conservator’s Self-Dealing Set Aside Despite Court Approval |
| September 25, 2000 | Only Preponderance Of Evidence Required To Disinherit Killer |
| September 18, 2000 | “Inartfully Drafted” Will Leads To $500,000 Estate Tax Dispute |
| September 11, 2000 | Florida Woman Chooses Own Lawyer In Guardianship Action |
| September 4, 2000 | First Wife Receives Retirement Account As Required By Divorce |
| August 28, 2000 | Trust Under Jurisdiction Of One State Despite Ties To Another |
| August 21, 2000 | Long Term Care Industry Must Be Accountable, Says Advocate |
| August 14, 2000 | “Common Law” Trust Provides No Shield Against Lawsuit |
| August 7, 2000 | More On DHHS/HCFA Report Of Nursing Home Staff Shortages |
| July 31, 2000 | Government Reports Nursing Home Staffing Is Inadequate |
| July 24, 2000 | Will Omission Does Not Entitle Estranged Son to Inheritance |
| July 17, 2000 | Family Charges Physician With Neglect In Supervision Of Care |
| July 10, 2000 | Agency Mistake No Basis For Retroactive Medicaid Eligibility |
| July 3, 2000 | Lawyer For Proposed Ward Must Advocate Client’s Wishes |
| June 26, 2000 | Illegitimate Son Of Long-Dead Blues Singer Receives Royalties |
| June 19, 2000 | Indiana Nursing Home Patient Not Liable For CNA’s Injuries |
| June 12, 2000 | House Passes Estate Tax Repeal Bill, But Its Future Is Uncertain |
| June 5, 2000 | Arizona’s “Orange Form” Permits Withholding Of CPR |
| May 29, 2000 | Failure To Seek Lawyer’s Advice Can Be Foolish—And Expensive |
| May 22, 2000 | Court Invalidates “Power of Appointment” In Home Deed |
| May 15, 2000 | Professionals Must Report Abuse Of Vulnerable Adults |
| May 8, 2000 | Martin Luther King Killer’s Brother Fails In Attempt To Get Rifle Released |
| May 1, 2000 | “Wrongful Prolongation of Life” Suit Dismissed In Indiana |
| April 24, 2000 | Family Members Permitted To Ignore Decedent’s Burial Plans |
| April 17, 2000 | Home Owner Wins Return Of Property From Step–Children |
| April 10, 2000 | Woman’s “Holographic” Will Is Valid But Costly To Interpret |
| April 3, 2000 | Ward Ordered Returned To Minnesota Despite Her Wishes |
| March 27, 2000 | Adult Home Operator Pleads Guilty In Death Of Resident |
| March 13, 2000 | Trial Court Must Decide If Deed Obtained By Undue Influence |
| March 12, 2000 | Bequests To Disabled Children Should Be In Special Trusts |
| March 6, 2000 | Appellate Court Ruling May Allow Feeding Tube Removal |
| February 28, 2000 | Physical Restraint Of Nursing Home Patients Limited By Law |
| February 21, 2000 | Daughter Has Priority As Guardian Despite Conflicts |
| February 14, 2000 | Premarital Agreement Protects Husband From Wife’s Creditor |
| February 7, 2000 | Despite Dementia Diagnosis, Wyoming Man’s Will Is Valid |
| January 31, 2000 | Phoenix Leader In Private Fiduciary Industry Goes To Jail |
| January 24, 2000 | Expert Testimony Required In Lawsuit Against Nursing Home |
| January 17, 2000 | Grandparents’ Court-Ordered Visitation Rights Under Review |
| January 10, 2000 | Prenuptial Pact Prevents Wife’s Claim Against Probate Estate |
| January 3, 2000 | Nursing Home Must Disclose Personnel Records, Pay Fine |
| December 27, 1999 | State Court Declines To Act On Medicare HMO Denial Of Care |
| December 20, 1999 | New Law Penalizes Gifts By SSI Applicants But Permits Trusts |
| December 13, 1999 | Housing Complex May Be Held Liable Despite Public Funding |
| December 6, 1999 | Bank Is Not Liable For Alleged Mismanagement Of Account |
| November 29, 1999 | Jury Awards $1 In Freezing Death Of Demented Patient |
| November 22, 1999 | Bankrupt Wins Damages For Bank’s Foreclosure Proceeding |
| November 15, 1999 | “Upscale” Facility Qualifies For Iowa Property Tax Exemption |
| November 8, 1999 | Mother’s Incapacity Does Not Force Trustee To Account |
| November 1, 1999 | Federal Initiative Combats Medicare and Medicaid Fraud |
| October 25, 1999 | Housing Project Allowed To Refuse Mentally Ill Applicant |
| October 18, 1999 | Patient’s Bill of Rights Also Protects Employee From Firing |
| October 11, 1999 | “Informed Consent” Duty Not Satisfied When Doctor Lies |
| October 4, 1999 | Oregon Doctor Disciplined For Inadequate Treatment Of Pain |
| September 27, 1999 | “Fifty and Beyond” Is A Lively, Fact-Filled Elder Law Resource |
| September 20, 1999 | Will Prepared By Bookkeeper Valid–Contestants Disinherited |
| September 13, 1999 | Codicil To Will Valid Despite Questions Raised By Witness |
| September 6, 1999 | Bank Not Liable For Mistakes Made By Witnesses, Notary |
| August 30, 1999 | Failure To Plan May Result In Court Naming Surrogates |
| August 23, 1999 | Insurance Saleswoman Unduly Influences Wisconsin Man |
| August 16, 1999 | Developmentally Disabled Man Dies Before Court Decides His Fate |
| August 9, 1999 | Disinherited Sister Has No Claim Against Brother’s Lawyer |
| August 2, 1999 | Medicaid Eligibility Sometimes Requires Legal Assistance |
| July 26, 1999 | Decision To Forego Surgery Also Requires Patient Consent |
| July 19, 1999 | Will Was Not Revoked By Written, Signed “Revokation” |
| July 12, 1999 | Telemarketers Convicted For Fraudulent Sales Techniques |
| July 5, 1999 | Generic Living Will May Not Prevent Life-Sustaining Care |
| June 28, 1999 | “Early Retirement” Program Discriminates On Basis Of Age |
| June 21, 1999 | Agreement To Convey Half Interest In Home May Be Valid |
| June 14, 1999 | Arkansas Will Is Invalid Because One Witness Is Under Age |
| June 7, 1999 | California Ordered To Defend Disability Payment Structure |
| May 31, 1999 | Testator Partially Revokes Will By Handwriting On Original |
| May 24, 1999 | Serviceman Killed By Wife; Her Son Receives Insurance Payout |
| May 17, 1999 | Bipartisan Commission Fails To Propose Medicare Reforms |
| May 10, 1999 | Guardians Given Power To Seek Mental Health Care For Wards |
| May 3, 1999 | Emergency Room Physician Must Heed Patient’s Refusal |
| April 26, 1999 | Montana Court Orders Return of Kansas Woman’s Accounts |
| April 19, 1999 | Jury Finds Undue Influence, Mistake In Will Of 86-Year-Old |
| April 12, 1999 | Texas Home Care Worker’s “Slip And Fall” Claim Fails |
| April 5, 1999 | California Court Decides Adult DD Patient May Be Sterilized |
| March 29, 1999 | Congressional Report Criticizes Monitoring Of Nursing Homes |
| March 22, 1999 | Attorney And Innocent Client Killed Over $100,000 Will Error |
| March 15, 1999 | Surviving Parent Not Entitled To Custody Of Disabled Child |
| March 8, 1999 | Will Contest Loses, But Friends Not Charged With Legal Fees |
| March 1, 1999 | Living Trusts Are Valuable Tools Alright, But Watch That Pitch |
| February 22, 1999 | Grandparents Given Visitation Rights After Death of Daughter |
| February 15, 1999 | Nursing Home May Be Liable For Punitive Damages In Death |
