D.E. (Ed) Wilson, Jr., of Venable, has summarized a recent FinCEN study of elder financial exploitation. Mr. Wilson's article begins as follows: The Financial Crimes Enforcement Network (FinCEN), the arm of the U.S. Treasury that administers the anti-money laundering (AML) laws of the United States, just released the results of a six-year (2013-2019) study of "elder financial … Continue reading Venable: Senior Citizens Facing Increased Financial Exploitation (Feb. 14, 2020)
Ivins Phillips Barker published its October installment of the Tax, Trusts, and Estates newsletter. The following articles are included within this edition: Recent Developments: Income Taxes and Real Property Interests - IRS guidance on the Section 199A 20% pass-through deduction and two New York cases upholding double taxation for individuals domiciled outside of NY offer opportunities … Continue reading IPB Tax, Trusts & Estates Newsletter: October 2019 Edition
Alexander Boni-Saenz has made his paper, Age, Equality, and Vulnerability, available for download. This article is published as a research paper at the Chicago-Kent College of Law. The abstract of the article, available on SSRN, reads as follows: This Article uses age as an entry point for examining how temporal and methodological issues in egalitarianism … Continue reading Age, Equality, and Vulnerability by Alexander A. Boni-Saenz (Dec. 3, 2019)
By Howard S. Krooks, Esq., CELA, CAP, Partner at Elder Law Associates PA Attorneys often encounter working with clients who have declined physically and/or mentally, which is known in legal parlance as diminished capacity. However, the law assumes that every person has legal capacity unless and until a court has determined otherwise. The American Bar Association … Continue reading Ethical Issues in Representing a Client with Diminished Capacity
Morgan describes how a federal trial in Connecticut on observation status was recently concluded. According to the Center for Medicare Advocacy, since 2011, the organization "has been pursuing a nationwide class action lawsuit seeking an appeal for Medicare beneficiaries who are classified as hospital outpatients in observation status." Reportedly, "The Alexander trial was held before … Continue reading Morgan, Medicare Observation Status: Post-Trial Report
A recent US Appeals Court decision regarding Anderson v. Ghaly held that "nursing home residents may sue the state after their nursing homes refused to readmit them and the state did not enforce readmission orders." In the case, three nursing home residents were transferred to a hospital and, afterwards, were refused re-admittance to their nursing … Continue reading Elder Law Answers: Ninth Circuit Rules Nursing Home Residents Can Sue the State Over Refusing to Enforce Readmission Orders (Anderson v. Ghaly (9th Cir., No. 16-16193, July 18, 2019))
NYTimes: 5 Tips on Managing the ‘Boomerang Generation’Rae, What Should I Do With My Old 401(k)?Kozusko, Harris & Duncan, Should offshore trusts stay offshore - the problemsNPR: New Markers For Alzheimer's Disease Could Aid Diagnosis And Speed Up Drug DevelopmentThe Atlantic: Your Professional Decline Is Coming (Much) Sooner Than You Think. Here’s how to make … Continue reading Commentary.Omnibus.2019.08.16: 5 Tips on Managing the ‘Boomerang Generation,’ and More!