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Documents on elder law
 

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Adobe PDFEthics: The Power Of Attorney
Jessica M. Booth, Martin J. Ganderson; Ganderson Law, P.C.;
Legal Alert/Article
July 28, 2010, previously published by National Business Institute, Inc. on 2006
The diligent attorney is often faced with difficult multi-faceted legal questions and intricate situations which require the attorney to address an array of ethical considerations. However, surprisingly enough, one of the most difficult questions an attorney must answer, especially in the realm of...

 

Adobe PDFPremarital Issues in Second Marriages: What to Plan for the Second Time Around
Jessica M. Booth, Martin J. Ganderson; Ganderson Law, P.C.;
Legal Alert/Article
July 28, 2010, previously published by National Academy of Elder Law Attorneys, Inc. on 2010
Estate planning for a second marriage involves different considerations from estate planning for a first marriage. Planning in preparation for a second marriage is especially important for older clients as the majority of marriages between Americans over the age of 65 involve second and third...

 

HTMLLasting Powers of Attorney - Health and Welfare
Julia Abrey; Withers Bergman LLP/Withers LLP;
Legal Alert/Article
July 28, 2010, previously published on July 15, 2010
An LPA(HW) provides an individual with the opportunity to appoint one or more attorney(s) to make decisions for them concerning healthcare and personal welfare matters at a time when they can no longer decide for themselves. These decisions would not encompass financial matters (which are covered...

 

HTMLSupreme Court Narrows Possible Securities Fraud Claims against Foreign Issuers
Ambreen A. Delawalla; Alston & Bird LLP;
Legal Alert/Article
July 27, 2010, previously published on July 14, 2010
The U.S. Supreme Court recently issued its decision in a so-called “foreign cubed” securities case, Morrison v. National Australia Bank Ltd., No. 08-1191, 2010 WL 2518523 (U.S. June 24, 2010). The Court held that a foreign investor’s complaint against a foreign issuer in...

 

Adobe PDFClass Certified in Action Involving Annuity Sales to Seniors
Phillip E. Stano, Steuart H. Thomsen, Srikanth Vadakapurapu; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 16, 2010, previously published on June 30, 2010
On June 23, 2010, the U.S. District Court for the Northern District of California certified two classes of senior citizens (individuals sixty-five years of age or older) who had purchased deferred annuities, some of which included a bonus feature. Plaintiff in Kennedy v. Jackson Nat’l Life...

 

Adobe PDFThe Long Term Care Homes Act, 2007 -- Coming Into Force July 1, 2010! Are You Ready?
Cynthia D. Clarke, Ira G. Parghi, Wendy Whelan; Borden Ladner Gervais LLP;
Legal Alert/Article
June 11, 2010, previously published on June 2, 2010
The Long Term Care Homes Act, 2007 and its accompanying Regulation will come into force on July 1, 2010. The Act establishes a new system of governance for long-term care homes in Ontario. It replaces the Nursing Homes Act, the Charitable Institutions Act and the Homes for the Aged and Rest Homes...

 

Microsoft WordStretch IRA's Under The Pension Protection Act
Lance P. Armstrong; The Law Firm of Lance P. Armstrong, PLLC;
White Paper
May 5, 2010
Effective January 1, 2006, the Pension Protection Act (PPA) Article 829 created a new section 402(c)(ii) IRC that now allows a non-spousal beneficiary inheriting a retirement asset to stretch out the required minimum distributions (RMD or MRD) over a much longer period.

 

Microsoft WordElder Law Tax Alert
Lance P. Armstrong; The Law Firm of Lance P. Armstrong, PLLC;
White Paper
May 5, 2010
The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), change in tax basis rules, is fully phased in for clients dying after December 31, 2009. The strategies at risk because of the change in the law include the use of life estate deeds, joint revocable trusts for married couples,...

 

Microsoft WordCapacity Issues - Document Execution By Client With Senile Dementia Or Alzheimer's
Lance P. Armstrong; The Law Firm of Lance P. Armstrong, PLLC;
White Paper
May 5, 2010
The discussion of two cases presented herewith dispel the myth that clients with senile dementia or Alzheimer’s are unable to implement asset protection planning and transfers of assets.

 

Microsoft WordThe Power Of Attorney As A Strategic Asset Protection
Lance P. Armstrong; The Law Firm of Lance P. Armstrong, PLLC;
White Paper
May 5, 2010
This article is written to review the provisions of the new law from the perspective of the estate planning attorney providing an asset protection plan to protect clients from loss due to estate tax or long term care costs.

 


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