Unsigned Will Invalid Despite Clear Intentions of Decedent
SEPTEMBER 9, 2002 VOLUME 10, NUMBER 10 Christel McPeak thought she had done her estate planning properly. She had hired an attorney, reviewed drafts of a will, durable power of attorney for financial purposes and health care directive, and she had approved the drafts. Then she went to her lawyer’s office and signed the final […]
Failure to Claim Share of Estate Results In Medicaid Ineligibility
SEPTEMBER 2, 2002 VOLUME 10, NUMBER 9 Medicaid, the federal-state program which pays for about half of all nursing home care in the United States, is governed by eligibility rules intended to discourage applicants from making gifts as a way of qualifying. For example, Medicaid penalizes most gifts for a period up to three years—though […]
Bank May Be Liable For Loss Caused By Fiduciary Breach
AUGUST 26, 2002 VOLUME 10, NUMBER 8 One of the most important rules governing fiduciaries is that they must never commingle the money they manage for others with their own funds. This overriding principle applies to personal representatives of estates (sometimes called executors), conservators of the estates of minors and incapacitated adults, trustees, and agents […]
Nursing Home Fined $320,000 Over Care of Ventilator Patients
AUGUST 19, 2002 VOLUME 10, NUMBER 7 When a nursing home demonstrates that it is unable to provide consistent quality care there are several ways to correct its problems. The marketplace offers one corrective opportunity, of course. Personal injury lawsuits may effect some improvement in future care, if only because the nursing home’s insurance provider […]
$1.3 Million Award Upheld Against Nursing Home Doctor
AUGUST 12, 2002 VOLUME 10, NUMBER 6 After Paul Carter died at the Imperial of Hazel Crest Nursing Home in Illinois, his widow sued both the facility and the doctor in charge of his care. She claimed that after her husband was discharged from a hospital stay back to the nursing home, his physician failed […]
State High Court Allows Gift of Home Using Power of Attorney
AUGUST 5, 2002 VOLUME 10, NUMBER 5 In addition to the danger inherent in powers of attorney (they can literally be licenses to steal) there can be another problem with the documents in practice. For at least some transactions (especially gifts) the use of a power of attorney is often viewed with suspicion, and even […]
Court Denies Guardianship Petition Based on Power of Attorney
JULY 29, 2002 VOLUME 10, NUMBER 4 Family members and caretakers are often confused by the difference between powers of attorney and guardianship. The difference is straightforward: powers of attorney can be signed by competent adults giving authority to someone else to act—including, but not necessarily limited, to those times when the signer may later […]
Payments In Annulment Case End With Death of Ex-Husband
JULY 22, 2002 VOLUME 10, NUMBER 3 Late-life marriages, of course, are usually unions of love—even when entered into by widows and widowers with families from earlier marriages. The strains on family relationships can be severe, but love can conquer all. Sometimes, though, late marriages can be the product of manipulation and overreaching by one […]
Medicaid Eligibility Lost After Recipient Moves From District
JULY 15, 2002 VOLUME 10, NUMBER 2 Although many of the legal problems facing the elderly and the disabled are addressed through state laws, the underlying problems are regional, national or even universal. Though the national medical program for the elderly and disabled, Medicaid, is partially funded and broad guidelines set by the federal government, […]
Nurse’s Aide Disciplined Based On Deceased Patient’s Affidavit
JULY 8, 2002 VOLUME 10, NUMBER 1 Identifying and protecting against abuse of nursing home residents is a difficult and continuing problem for authorities. The frailty and dependence of residents, coupled with high turnover and, too often, poor training and supervision, make it a challenge to prove cases of abuse or neglect. A recent incident […]
