Elder Law - Blogs
- What is Estate Planning?
Let's start with what it isn't. Estate planning is not just for the wealthy. It is not just about avoiding probate and minimizing taxes. It is not just transferring wealth at your death. It is not about which documents to use. It is not a one-time event. It is about your family, their needs, and your goals. It is about taking care of you and your loved ones at all stages of your life. It is about results and meeting your expectations. A proper estate plan most importantly ensures and provides...
(April 23, 2009) - Maximum Fine Levied Against Nursing Home For Failing To Supervise Resident While Smoking
Nursing homes have a duty to protect their residents from harm inflicted by not just the staff and other residents at the facility--but also keeping residents from harming themselves. Rivera Healthcare Center, a California nursing home, failed to protect a resident from harming himself and consequently received a $100,000 fine-- the highest fine permissible under California law. The fine comes after a California Department of Health investigation related to the burn-related death of a...
(April 23, 2009) - VA Compensation Claims and the “Medical Nexus” Requirement
There are three criteria that a veteran must meet in order to receive service-connected compensation from the Veterans Administration (VA): A Current Disability. There must be a current disability, one that has been diagnosed by a medical professional; An Event In Service. There must be evidence in the military service records of the occurrence or aggravation of a disease, injury, or event in service; and, Medical Nexus Evidence. There must be a nexus, or link, between the current disability...
(April 22, 2009) - Who Benefits From Damage Caps In Nursing Home Lawsuits?
Not surprisingly an article supporting damage caps in nursing home lawsuits was written by nursing home administrator, Carrie Ermshar in the Tennesseean.com. In her piece, Ermshar equates damages awarded to an injured person as a penalty against a nursing home. "We must ask ourselves a tough question: At the end of a lawsuit, who is really being punished?" Now, before anyone accuses me of taking Ms. Ermshar's comments out of context, I suggest you read her entire piece. Nonetheless, Ermshar's...
(April 22, 2009) - Update: New Estate Tax Bill
As discussed last week, Seattle Congressman Jim McDermott introduced an estate tax bill yesterday. It is H.R. 2023, entitled "To amend the Internal Revenue Code of 1986 to reform the estate and gift tax". The text is not yet available, but you can get the text and check the status with the last two links. It appears that the bill includes a permanent estate tax exemption of $2.0 million, higher tax rates, and indexing. This bill adds to a growing debate on the future of the estate tax that...
(April 22, 2009) - Wii therapy in nursing homes
WSAZ.com out of Ohio had a story about the use and effectiveness of Wii therapy for residents of nursing homes. I have discussed Wii therapy other times on this blog and encourage all nursing homes to use this kind of therapy. It is interactive, fun, and effective in assisting residents with social interaction, mobility, and exercise. Doctors and therapists say the Nintendo Wii is a huge hit with senior citizens by helping with motor skills and mental acuteness. The article talks about a...
(April 22, 2009) - Los Angeles Nursing Home Issued AA Citation
A Pico Rivera nursing home has been issued a $100,000 fine and an AA citation for the death of one of its residents in December. The California Department of Public Health announced that the citation was given to Riviera Healthcare Center on Telegraph Road after a 64-year-old man lit himself on fire while trying to light a cigarette. According to reports, the resident, who was confined to a wheelchair after suffering a stroke, was left unattended in the dining room. When he caught fire, staff...
(April 22, 2009) - Investigation into sexual abuse in Minnesota's nursing homes
The St. Paul Star-Tribune had a tragic story about abuse in local nursing homes, and new measures used to protect residents. After state investigations at two homes last year, three former aides were charged with 10 or 11 counts of physically and sexually abusing residents with dementia. Ashton Larson and Brianna Broitzman were accused of abusing seven residents at Good Samaritan Albert Lea. Maria J. Bjerke was charged with abusing six residents at Luther Haven in Montevideo. The episode...
(April 21, 2009) - Nursing Home Waits 19 Hours To Provide Medical Treatment To Resident Who Fractured Her Hip ...
A recently disclosed Minnesota Department of Public Health report concluded the Good Samaritan Society of Albert Lea was guilty of 'neglect' due to its delay in providing medical treatment to a resident who fell during a transfer from her bed to her wheelchair. The episode took place on November 21st when a worker at the facility improperly used a Sabina lift to move a resident with dementia into a wheelchair. During the transfer, the resident fell and fractured her hip. A 'care plan'...
(April 21, 2009) - Helmsley estate: $136M to charity, $1M to dogs
Helmsey's estate made 53 charitable grants this week. Most of the money was given to hospitals and for medical research. Only 1 Million was given to 10 animal and dog charities equally. These donations came after a New York judge ruled that the trustees for the Helmsley Charitable trust has the sole authority to decide which charities would benefit from the trust.
(April 21, 2009) - New State Law Bars Alimony, Inheritance for Abusive, Neglectful Parents
Parents who abuse, abandon, neglect or cause the death of their children will be ineligible for alimony and for inheritance benefits from their children's estates, under a new state law signed by Gov. Jon Corzine on April 17 that takes effect in July. The new law amends N.J.S.A. 2A:34-23 to deny alimony to a person convicted of murder, manslaughter, criminal homicide, death by auto or vessel, aggravated assault or a similar offense in another jurisdiction if the crime results in the death of a...
(April 20, 2009) - Nursing Homes Failure To Screen Visitor Results In Sexual Assault Of Resident
This past weekend a West Virgina nursing home resident was sexually assaulted by a visitor. A manager of the Valley Haven Geriatric Center in Brook County called police when they noticed an elderly man acting inappropriately towards a female resident. The man identified as 81-year-old William Jones was arrested for sexual assault but remains free on bond. According to Brooke County Sheriff, Richard Ferguson, Jones and the victim were relatives. Was this perpetrator a known problem? Did the...
(April 20, 2009) - Lawsuit filed over preventable fall and death
Chicoer.com reported the filing of a lawsuit against Windsor Chico Creek Care and Rehabilitation Center for negligence and the wrongful death of a Geraldine Pavcik. Pavcik was admitted to the facility on June 17 for short term rehab after a minor back injury. Because Pavcik was at risk of falling, her doctor had ordered bed-rail restraints, a lowered bed, an alarm system, and that she be closely attended to. All are standard preventative measures available in most nursing homes but they depend...
(April 20, 2009) - Break the Silence on Elder Abuse
"Break the Silence" has become a phrase used to raise awareness to raise awareness for the reporting of elder abuse. People should report to the local authorities if they are suspicious of any elder abuse. Many times callers can remain anonymous as investigations are conducted. Oftentimes when a person becomes older and increasingly frail and isolated they oftentimes become a victim of elder abuse. There are several types of elder abuse. The types range from physical and sexual to emotional...
(April 20, 2009) - Beware of "Grandparent Scams"
Authorities are warning of new scams targeted at the elderly. The latest attempt to defraud seniors is a phone call from someone pretending to be a grandchild who is in trouble. "Don't tell anyone, but I need help. Send money." The plea to keep things quiet from other family members can make the scam successful, since the grandparent wants to protect their grandchild and help them out of a bind. They will request that you wire money somewhere because they have been arrested, been in an accident...
(April 19, 2009) - Faith-Based Estate Planning
David A. Atraus, a Nevada Estate Planning Lawyer, has published a book titled Faith-Based Estate Planning: Our Values and Valuables. The book was written after contacting hundreds of religious clergy throughout the nation, and took him several years to write. Upon a first glance, I was very impressed. The book covers Estate Planning issues like living trusts, wills, medical directives, long-term care insurance and life insurance on many religions including Baha'i, Buddhism, Christianity (10...
(April 19, 2009) - Three Accused of Extorting $100,000 from an Elderly Woman
Three people used lies and threats to persuade an elderly woman more than $100,000. The three became acquainted with the victim and came up with a variety of reasons why she needed to give them thousands of dollars at a time from her bank account. Once the flow of money stopped, the three started threats of violence against the elderly woman. They befriended her in the neighborhood so that they trusted them. The three have been charged with grand larceny, conspiracy and aggravated harassment....
(April 19, 2009) - COBRA Premium Reduction under the Stimulus Bill
The American Recovery and Reinvestment Act of 2009 (known as the Stimulus Bill) provides a premium reduction to certain qualified individuals. Individuals eligible for COBRA coverage who were involuntarily terminated by their employer on or after September 1, 2008 through December 31, 2009 who are eligible for COBRA and elect COBRA may be eligible to pay a reduced premium amount that is only 35 percent of the premium costs for the COBRA coverage. The premium reduction for an individual ends...
(April 19, 2009) - New Jersey’s Public Advocate Says Assisted Living Company ‘Ruthlessly’ Evicted Residents ...
A national assisted living company broke its promises to elderly New Jersey residents by throwing them out after allowing them to believe they could convert to Medicaid when their life savings were depleted, a report by the state's Public Advocate has determined. The report concludes that regulations in New Jersey and around the country are failing to protect elderly residents of such facilities. The report caps an 18-month investigation into the practices of the Wisconsin-based company...
(April 19, 2009) - The Boston Marathon and "Good Pain"
I just returned home from running the Boston Marathon and I was pretty excited with my time of 2:55, which was my 2nd-fastest time out of 11 Boston Marathon campaigns. However, I now have the challenging physical aftermath to deal...
(April 19, 2009)