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Documents on elder law
 

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Adobe PDFThe Right to Bear Arms as a Removable Right in Incapacity Proceedings
Stephanie Villavicencio; Zamora Hillman;
Legal Alert/Article
July 24, 2012, previously published by The Elder Law Section of the Florida Bar, Section Magazine, Elder Law Advocate on Spring 2011
This article examines deficiency in Florida guardianship law as it relates to the constitutional right to bear arms.

 

HTMLEstate Planning For The Senior Adult
Norman ("Gene") E. Richards; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
July 7, 2012, previously published on Summer 2012
May was designated National Elder Law Month by the National Academy of Elder Law Attorneys (NAELA). "Elder Law" attorneys use a variety of legal tools and strategies to address the special concerns of "senior adults". These concerns often include estate planning, dealing with...

 

HTMLGovernment Accountability Office Recommends Changes to VA Pension Program
Chambliss Bahner Stophel P.C.;
Legal Alert/Article
June 13, 2012, previously published on June 7, 2012
A report by the Government Accountability Office (GAO) calls for stricter oversight by the Department of Veterans' Affairs (VA) of its non-service connected pension program and for a penalty period for claimants who transfer assets in order to become eligible. According to the report, the VA's...

 

Adobe PDFElder Law And 2012 Gift Tax Laws
Joseph R. Marion; Adler Pollock & Sheehan P.C.;
Legal Alert/Article
June 8, 2012, previously published on May 30, 2012
One of the greatest fears of older Americans is that they may end up in a nursing home. This not only means a great loss of personal autonomy, but also a tremendous financial price. Depending on location and level of care, nursing homes cost between $50,000 and $150,000 a year.

 

HTMLWhen Is Guardianship Necessary for the Elderly?
Brittany Gloersen; Astrid de Parry, P.A.;
Legal Alert/Article
May 31, 2012
As our aging population continues to grow, more and more families are faced with tough questions concerning their incapacitated family members. Often, a guardianship is considered to resolve these questions. Guardianship is a legal proceeding that protects incapacitated persons and their property...

 

HTMLSummary Judgment May Not Be Granted In Elder Abuse Case When A Complete Defense Has Not Been Established
Linda M. Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
May 7, 2012, previously published on May 3, 2012
In Knox v. Dean (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., April 24, 2012), a California Court of Appeal considered whether summary judgment in an elder abuse charge against a conservator of an elderly man was correct. The court ruled that because the caregiver's defense was based on his mere...

 

Adobe PDFChanges to Medicaid Right of Recovery Rules Repealed
Hancock Estabrook LLP;
Legal Alert/Article
April 19, 2012, previously published on Spring 2012
In the fall of 2011, we issued a very important Elder Law News bulletin describing regulations that had been released by New York State that would have expanded the definition of “estate” for Medicaid lien recovery purposes. These regulations sought to expand the list of assets that New...

 

HTMLSocial Security for Foreign Workers - The Plot Thickens
Edward J. Epstein, Richard Grams, Olivia Lee; Troutman Sanders LLP;
Legal Alert/Article
March 27, 2012, previously published on March 27, 2012
In a China Alert issued in October 2011, we reported that the enrolment of foreign workers in China would become mandatory under the new Social Insurance Law and Interim Measures. Although no clear timetable for compulsory enrolment was put in place at the time, the prospect of foreign employees...

 

Adobe PDFDying With Dignity - A Different Perspective
Regina A. Casey; Wroten & Associates, Inc.;
Legal Alert/Article
March 23, 2012, previously published on Spring 2012
My mother, who has lived in an Assisted Living Facility for the last five years, recently died at the age of 91. Watching my mother go through the dying process gave me a better understanding of some of the challenges the long term care industry faces when assisting families through the death of a...

 

Adobe PDFThe Frog, The Scorpion, and Why You Should Attend Our Conference
Kippy L. Wroten; Wroten & Associates, Inc.;
Legal Alert/Article
March 23, 2012, previously published on Spring 2012
My job as an attorney really boils down to two things, (1) being an investigator in search of the truth, and (2) translating the truth into a better story than is woven in the attacks waged by our adversaries. Hence my recent preoccupation with frogs. If you're a regular reader of my quarterly...

 


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