Lawyer Suspended After Filing Guardianship Petition on Client
JUNE 22, 2009 VOLUME 16, NUMBER 45 A lawyer’s job is, of course, to help his or her client to accomplish the client’s goals. Sometimes, though, the client’s capacity may be diminished, and particularly in the elder law practice. What should the lawyer do when the client seems to be vulnerable to financial exploitation, or […]
“Joint Control Agreement” Leads to Lawyer’s Liability
JUNE 15, 2009 VOLUME 16, NUMBER 44 Tranquilino Ventura was a child when his father died, and just fourteen years old when a lawsuit arising from his father’s death was settled. The total settlement, after costs and fees, exceeded $500,000. When Mr. Ventura turned eighteen he found out that the money was all gone. Mr. […]
What Do You Do After Signing Your Trust? Come to Our Class
JUNE 8, 2009 VOLUME 16, NUMBER 43 Want to learn about why you need a trust? No problem: there is a class for that, and they’ll even buy you lunch if you’ll just listen to their pitch. Want to learn whether you need a trust? It’s a little harder to locate good advice, but still there are […]
To Our Favorite Estate Planning Client: Please Help Us Help You
JUNE 1, 2009 VOLUME 16, NUMBER 42 Dear client: It has been wonderful working with you. We are pleased that your estate plan is completed, and simultaneously saddened that we will not be seeing much of you for a couple years. Please remember to get in touch with us if there are major life changes. […]
Guardian Not Personally Liable For Alleged Lack of “Due Care”
APRIL 27, 2009 VOLUME 16, NUMBER 38 Who has the obligation to get a proper Medicaid application filed for someone in a nursing home? Can the nursing home resident’s children, spouse, guardian or conservator be forced to pay for care after the patient’s money has run out but before the state Medicaid agency receives the […]
Some Advice About Selecting Fiduciaries For Your Estate Plan
APRIL 20, 2009 VOLUME 16, NUMBER 37 When it comes time to complete estate planning, our clients usually have clear ideas about who should receive their property, what health care decisions they would want made — even how they feel about cremation, burial, organ donation and most of the other issues that must be addressed. […]
Father’s Body, Moved Once, Need Not Be Moved Yet Again
APRIL 13, 2009 VOLUME 16, NUMBER 36 Is it just us, or is the incidence of family disputes over funeral and burial arrangements on the rise? A recent court case from Indiana makes us think maybe there are still more variations on a theme we thought had long since been played out. Sherman Warren died […]
Extra Income for Veterans and Spouses Can Help Pay for Care
APRIL 28, 2008 VOLUME 15, NUMBER 44 There is no doubt that in today’s economy some extra income would be welcome, especially if you are struggling to pay for long term care. Many people aren’t aware that the Veteran’s Administration (VA) has a special program, called “Aid and Attendance,” that pays additional income to Veterans […]
Court: “Massive Curtailment of Liberty” in Guardianship Cases
APRIL 21, 2008 VOLUME 15, NUMBER 43 We apologize. We like to think that we bring you the most interesting, useful and thought-provoking elder law cases, news stories and trends each week. Somehow we completely missed a great case last year. With thanks to our friend Prof. Rebecca Morgan for calling it to our attention, […]
‘Til The Cows Come Home—A Parental Exploitation Story
APRIL 14, 2008 VOLUME 15, NUMBER 42 We see the same sad story time and again. Sometimes there are small variations, but it almost always starts the same way. Aging parents (or other relatives) need assistance with their finances and their care. As those needs increase, family members begin — often with the very best […]
