David Orentlicher: Cruzan and Surrogate Decision-Making (September 10, 2020)

David Orentlicher, of the University of Nevada, Las Vegas, William S. Boyd School of Law, has made available for download his article, "Cruzan and Surrogate Decision-Making," published in the SMU Law Review, Vol. 73, No. 1, 2020. The abstract is as followed: When the U.S. Supreme Court issued its landmark “right to die” decision in Cruzan v. Director, Missouri Department … Continue reading David Orentlicher: Cruzan and Surrogate Decision-Making (September 10, 2020)

COVID-19 Resources for Guardians (Elder Law Prof Blog – May 11, 2020)

The Elder Law Prof Blog provides links to websites with COVID-19 Resources for Guardians. Their post begins as follows: With stay at home orders and LTC facilities prohibiting outside visitors, how do guardians discharge their duties?  The National Guardianship Association (NGA), along with the ABA Commission on Law and Aging, and the National Center for State Courts have compiled a … Continue reading COVID-19 Resources for Guardians (Elder Law Prof Blog – May 11, 2020)

ABA Releases the Mind Your Loved Ones (MYLO) App

The American Bar Association has released a smartphone app, called the Mind Your Loved Ones app, also known as MYLO. According to the ABA, MYLO is a mobile app that gives individuals the ability to store their own and their loved one’s critical medical information, health care directives, and other related data on their Apple … Continue reading ABA Releases the Mind Your Loved Ones (MYLO) App

Venable: Senior Citizens Facing Increased Financial Exploitation (Feb. 14, 2020)

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)

IPB Tax, Trusts & Estates Newsletter: October 2019 Edition

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

Age, Equality, and Vulnerability by Alexander A. Boni-Saenz (Dec. 3, 2019)

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)

Ethical Issues in Representing a Client with Diminished Capacity

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, Medicare Observation Status: Post-Trial Report

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

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))

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))

Commentary.Omnibus.2019.08.16: 5 Tips on Managing the ‘Boomerang Generation,’ and More!

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!

Pearson & Sarcone, Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities

Katherine C. Pearson & David Sarcone, have made available for download their article, Pearson & Sarcone, Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities , published in the Pennsylvania Bar Association Quarterly (Jan. 2019). The Abstract is as follows: The senior living industry, through a key trade organization, LeadingAge, (for- merly American Association … Continue reading Pearson & Sarcone, Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities

David Godfrey (National Center on Law & Elder Rights), 10 Tips for Guardians of Older Adults (June 2019)

The National Center on Law & Elder Rights has made available for download their "10 Tips for Guardians of Older Adults." According to The National Center, When courts appoint a family member or friend as a guardian or conservator of an adult, the guardian is sometimes left with minimal training on their new role. The … Continue reading David Godfrey (National Center on Law & Elder Rights), 10 Tips for Guardians of Older Adults (June 2019)

Alzheimer’s Legal and Financial Planning Tips

Melissa Mysliwiec, of Fraser Trebelicock, writes about estate planning with Alzheimers in mind. Her article begins as follows: If you or someone you love has Alzheimer’s disease or another dementia, it is important to put legal and financial plans in place as soon as possible. Fraser Trebilcock Elder Law attorney Melisa Mysliwiec says that proper … Continue reading Alzheimer’s Legal and Financial Planning Tips

Special Needs – Special Trusts Part. 3: Common Errors – Bernard A. Krooks

SPECIAL NEEDS - SPECIAL TRUSTS - WHAT YOU DON’T KNOW CAN HURT YOUR CLIENTS AND YOU! Part. 3: Common Errors By Bernard A. Krooks Littman Krooks LLP New York, New York / http://www.littmankrooks.com Part 2. Drafting Considerations  Set forth below are some common errors practitioners make when representing clients in connection with special needs planning and SNTs. … Continue reading Special Needs – Special Trusts Part. 3: Common Errors – Bernard A. Krooks

Special Needs – Special Trusts Part. 2: Drafting Considerations & Trust Administration Considerations – Bernard A. Krooks

SPECIAL NEEDS - SPECIAL TRUSTS - WHAT YOU DON’T KNOW CAN HURT YOUR CLIENTS AND YOU! Part. 2: Drafting Considerations & Trust Administration Considerations By Bernard A. Krooks Littman Krooks LLP New York, New York / http://www.littmankrooks.com Part. 1 Overview & Taxation III. Drafting Considerations A. Trustee Selection The selection of a trustee is one of … Continue reading Special Needs – Special Trusts Part. 2: Drafting Considerations & Trust Administration Considerations – Bernard A. Krooks

Special Needs – Special Trusts Part. 1: Overview & Taxation – Bernard A. Krooks

SPECIAL NEEDS - SPECIAL TRUSTS - WHAT YOU DON’T KNOW CAN HURT YOUR CLIENTS AND YOU! Part. 1 Overview & Taxation By Bernard A. Krooks Littman Krooks LLP New York, New York / http://www.littmankrooks.com I. Overview Special needs planning is a niche practice area within the estate planning field that requires a working knowledge of many … Continue reading Special Needs – Special Trusts Part. 1: Overview & Taxation – Bernard A. Krooks

Federal Register | Guidance Under Section 529A: Qualified ABLE Programs

The Internal Revenue Service on June 22, 2015 released proposed regulations implementing a new federal law authorizing states to offer specially-designed tax-favored ABLE accounts to people with disabilities who became disabled before age 26. The Achieving a Better Life Experience (ABLE) account provision was signed into law in December 2014. Recognizing the special financial burdens faced … Continue reading Federal Register | Guidance Under Section 529A: Qualified ABLE Programs

Medicaid Spend Down, Estate Recovery and Divorce: Doctrine, Planning and Policy by John A. Miller

John A. Miller has made available for download his article, "Medicaid Spend Down, Estate Recovery and Divorce: Doctrine, Planning and Policy."  The abstract is as follows: Medicaid is the need based government program that pays for much of the health care for the poor in the United States. Medicaid often ends up paying the costs … Continue reading Medicaid Spend Down, Estate Recovery and Divorce: Doctrine, Planning and Policy by John A. Miller

Bank May be Liable for Failure to Stop Elder Abuse

Jeffrey Skatoff reports that, in Ginder v. Bank of America, the US District Court for the Middle District of Florida has concluded, in what may be a first in Florida, that a bank can be held liable for the failure to stop elder abuse arising from the draining of a senior's bank account by an … Continue reading Bank May be Liable for Failure to Stop Elder Abuse