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)