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Documents on elder law
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|The Right to Bear Arms as a Removable Right in Incapacity Proceedings|
Stephanie Villavicencio; Zamora Hillman;
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.
|Estate Planning For The Senior Adult|
Norman ("Gene") E. Richards; Foster, Swift, Collins & Smith, P.C.;
July 7, 2012, previously published on Summer 2012May 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...
|Government Accountability Office Recommends Changes to VA Pension Program|
Chambliss Bahner Stophel P.C.;
June 13, 2012, previously published on June 7, 2012A 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...
|Elder Law And 2012 Gift Tax Laws|
Joseph R. Marion; Adler Pollock & Sheehan P.C.;
June 8, 2012, previously published on May 30, 2012One 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.
|When Is Guardianship Necessary for the Elderly?|
Brittany Gloersen; Astrid de Parry, P.A.;
May 31, 2012As 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...
|Summary 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;
May 7, 2012, previously published on May 3, 2012In 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...
|Changes to Medicaid Right of Recovery Rules Repealed|
Hancock Estabrook LLP;
April 19, 2012, previously published on Spring 2012In 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...
|Social Security for Foreign Workers - The Plot Thickens|
Edward J. Epstein, Richard Grams, Olivia Lee; Troutman Sanders LLP;
March 27, 2012, previously published on March 27, 2012In 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...
|Dying With Dignity - A Different Perspective|
Regina A. Casey; Wroten & Associates, Inc.;
March 23, 2012, previously published on Spring 2012My 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...
|The Frog, The Scorpion, and Why You Should Attend Our Conference|
Kippy L. Wroten; Wroten & Associates, Inc.;
March 23, 2012, previously published on Spring 2012My 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...