Court Says HHS Secretary Thompson Acted in Bad Faith
MARCH 8, 2004 VOLUME 11, NUMBER 36 In June 2001, four national advocacy organizations and an individual plaintiff sued Secretary of the U.S. Department of Health and Human Services (HHS), Tommy Thompson. The lawsuit sought the court’s help to force Secretary Thompson to follow the law’s requirement that comparative written information about what participating Medicare+Choice […]
Fleming & Curti Offers Seminar For “Special Needs” Trustees
MARCH 1, 2004 VOLUME 11, NUMBER 35 When a recipient of Supplemental Security Income (SSI) or Medicaid benefits receives money, the benefits may be reduced or even terminated. That is why most parents of children with a disability should consider establishing a “special needs” trust to handle any inheritance or gifts. Making the decision to […]
Pending Insurance Claim Is Not “Available” to ALTCS Applicant
FEBRUARY 23, 2004 VOLUME 11, NUMBER 34 It makes sense that someone seeking to qualify for public benefits would want to argue that they do not have assets available to them. Sometimes, however, an applicant will want to argue that more assets are available, as Charles Smith and his wife did—unsuccessfully. Mr. Smith, an Arizona […]
Ward Has Burden of Proving That Guardianship Should End
FEBRUARY 16, 2004 VOLUME 11, NUMBER 33 In 1999 the Platte County, Missouri, courts appointed a guardian of the person and conservator of the estate for Linda Werner. Because of her schizophrenia and her resulting difficulty in making responsible decisions the court decided that Janet Waddell, the county’s “public administrator,” should handle Ms. Werner’s personal […]
Medicaid Beneficiary’s Alimony Payments Allowed to Continue
FEBRUARY 9, 2004 VOLUME 11, NUMBER 32 When someone in a nursing home qualifies for Medicaid, he or she will usually still have to pay a portion of the nursing home bill. In some cases this can mean that the resident must pay more than his or her income—or risk eviction from the nursing home. […]
Selection Of Proper Trustee Is Key To Administration Of Trust
FEBRUARY 2, 2004 VOLUME 11, NUMBER 31 Although it is important to plan your estate, it is sometimes not enough just to prepare important documents and make reasonable decisions. It is also critical to select a reliable person to administer that estate. While family members may be the best choice, things may not always work […]
Fiduciary Duty Not Breached In Limited Conservatorship Case
JANUARY 26, 2004 VOLUME 11, NUMBER 30 When the courts appoint a guardian or conservator to handle an individual’s personal and/or financial affairs, the subject of those proceedings loses virtually all of his or her autonomy and independence. At least that’s the way things have worked for centuries. In recent years, however, the guardianship system […]
Proponent of Invalid Will Must Pay Attorney’s Fees to Family
JANUARY 19, 2004 VOLUME 11, NUMBER 29 Edmond and Elma Crittell befriended Violet Houssien and, according to Ms. Houssien’s family, set about getting the older woman to write a new will. Some of the evidence in the later will contest proceeding indicated that they may have even forged her signature on the will and, in […]
Arizona Restricts Use of “Self-Settled” Special Needs Trusts
JANUARY 12, 2004 VOLUME 11, NUMBER 28 Last week Elder Law Issues described how a “Special Needs” trust can be used to protect the beneficiary’s access to public benefits programs like Supplemental Security Income (SSI) and Medicaid (in Arizona, AHCCCS or ALTCS). There is one glaring problem with Special Needs trusts just now in Arizona, […]
Special Needs Trust Can Protect Benefits After Personal Injury
JANUARY 5, 2004 VOLUME 11, NUMBER 27 Joseph is eighteen years old and requires total care. He has been in his current condition, unable to speak or move and unresponsive to most stimuli, for five years. His family believes his condition is a result of improper treatment he received during a hospital stay, and lawyers […]
