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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

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