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Documents on elder law
 

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HTMLNevada Supreme Court Rules on Surrogate Consent
Kim Boyer; Durham Jones & Pinegar, P.C.;
Legal Alert/Article
March 13, 2012
Avis Maxey, who was 72 years old, ingested approximately 200 prescription pills in an apparent suicide attempt. Her ex-husband, Theodore, with whom she resided, delayed calling an ambulance because he believed she wanted to kill herself. When the paramedics arrived, they nonetheless attempted to...

 

HTMLHIPAA Privacy Rules
Kim Boyer; Durham Jones & Pinegar, P.C.;
Legal Alert/Article
March 13, 2012, previously published by Elder Law News
The medical privacy rules enacted as part of the Health Insurance Portability and Accountability Act (HIPAA) became effective on April 14. The rules prohibit doctors and hospitals from disclosing patient information to third parties unless the patient specifically agrees to the disclosure.

 

HTMLAvoiding Fraud Against Seniors
Kim Boyer; Durham Jones & Pinegar, P.C.;
Legal Alert/Article
March 13, 2012, previously published by Elder Law News
Fraud is on the rise in America, and seniors are among the prime targets of con artists. Seniors account for 26% of all mail fraud victims, but their representation increases dramatically in certain categories, such as prizes and sweepstakes, where seniors account for 60% of victims.

 

HTMLMedicaid Spend Down
Durham Jones Pinegar P.C.;
Legal Alert/Article
March 13, 2012, previously published by Elder Law News
What is a spend down? This is the amount by which a Medicaid applicant’s allowable resources must be reduced before eligibility can be obtained. The concept applies to both married and single applicants, although there are additional methods of spend down for married applicants.

 

HTMLAbuse of Powers of Attorney
Kim Boyer; Durham Jones & Pinegar, P.C.;
Legal Alert/Article
March 13, 2012, previously published by Elder Law News
As the use of durable powers of attorney have grown more widespread, reports of abuses by agents have grown dramatically. A “durable” power of attorney is one that survives the disability of the principal.

 

HTMLNevada Supreme Court Rules on Medicaid Estate Recovery
Durham Jones Pinegar P.C.;
Legal Alert/Article
March 13, 2012, previously published by Elder Law News
What is Estate Recovery? In 1993, the federal government passed a little debated law that required state Medicaid programs to recover from the estates of deceased Medicaid beneficiaries. This recoupment is referred to as “Medicaid Estate Recovery.” Usually the greatest asset owned by...

 

HTMLTrial Court Overturns Air Quality District's CEQA Thresholds
Fernando Avila, Michelle Ouellette, Sarah Owsowitz; Best Best & Krieger LLP;
Legal Alert/Article
March 13, 2012, previously published on March 9, 2012
In a ruling that could have statewide ramifications, the Alameda County Superior Court has ordered the Bay Area Air Quality Management District (BAAQMD) to set aside adoption of standards for determining the significance of a project’s air quality and greenhouse gas emissions. Further, the...

 

HTMLAvoid Medicaid Traps: When Child is a Caregiver
Kim Boyer; Durham Jones & Pinegar, P.C.;
Legal Alert/Article
March 13, 2012, previously published by Elder Law News
Over 22 million Americans currently care for their ailing parents, other relatives or friends. Most of these caregivers do so without compensation. Taking certain steps ahead of time may save assets from Medicaid.

 

HTMLMedicaid Division of Assets
Kim Boyer; Durham Jones & Pinegar, P.C.;
Legal Alert/Article
March 13, 2012, previously published by Elder Law News
Medicaid law is complex and there is a great deal of confusion over the "division of assets" and the "Medicaid spend-down." Everyone's situation is different and the following example is just one of the ways in which many of our clients are able to qualify their spouse for...

 

HTML10 Most Common Health Mistakes Seniors Make
Kim Boyer; Durham Jones & Pinegar, P.C.;
Legal Alert/Article
March 13, 2012, previously published by Elder Law News
1. Driving when it’s no longer safe. Seniors often associate mobility in a car with their independence, but knowing when it is time to stop driving is important.

 


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