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Pointers for Picking an Assisted Living Facility Time Magazine Recognizes Elder Law Attorneys Absent Care Plan, Man Takes Wife's Life Then His Own Durable Power of Attorney Medicare Spending for Home Care Drops 45 Percent Is Assisted Living Industry Cracking under Financial Strain? Medicare Charges to Increase Somewhat in 2001 New Budget Provides CPR for Medicare HMOs Feds Unleash Campaign Against Substandard Nursing Homes Massachusetts Adopts Tough Policy on Medicaid Fraud New Law Changes Financial Powers of Attorney Nursing Home Laws Protect Residents Dollar Protections for the Spouses of Nursing Home Residents Rise Poll Reveals Deep Divide on Medicare Reform Cover Letter, Estate Tax Planning, Couple Explaining the Application Client Intake Form Irrevocable Funeral Trust Release and Authorization Document Execution Policy Fee Agreement Intake Procedures Style Sheet Client Questionnaire Estate Planning Terms Guardianships Cover Letter, Single Client, No Estate Tax Health Care Proxies Resident Rights Telephone Protocol Confidentialty Policy Personnel Policy Alternative Gift Making Powers Durable Power of Attorney Limited Durable Power of Attorney Do Not Resuscitate Consent Health Care Power of Attorney Health Care Proxy 1 Simple, Income-Only Trust "(d)(4)(A)" or Under-65 Disability Trust Revocable 3d-Party Supp. Needs Trust "Sole Benefit" Trust Changes in Public Benefits Numbers Health Care Proxy 2 Revocable 3d-Party Supp. Needs Trust Bill Threatens Nursing Home Enforcement Mass. High Court Rules: Trust Principal Not Countable as a Medicaid Resource Jury Slaps Nursing Home With Record Verdict Who Is Paying Estate Taxes? Itemized Deductions for Long-Term Care Insurance Premiums Increase in 2001 Income and exclusions from income Earned income and unearned income Eligibility for benefits Amount of benefits Individuals deemed to meet resources test Period for determination of benefits Individuals outside United States; determination of status Individuals deemed to meet income test Application and review requirements for certain individuals Basic entitlement to benefits Entitlement to benefits Statement of purpose; authorization of appropriations Authorization of appropriations Criminal penalties, health care programs Disposition of resources; grounds for exemption from disposition requirements Resources Definitions Notification of medicaid policy restricting eligibility of institutionalized individuals for benefits based on disposal of resources for less than fair market value Exclusions from resources Funds set aside for burial expenses "Eligible spouse" of disabled individual Child Application of State law United States Deemed income of disabled individual who is married, or under 18, an alien, or whose spouse or parent is absent Financial Web Sites Calculate Your Ability To Retire Rehabilitation for blind and disabled Supplementary assistance by State Exclusion of cash payments in determination of income Agreement between Commissioner and State; contents Residence requirement by State; disregarding income by State Payment to Commissioner by State for expenditures by Commissioner as supplementary payments Rehabilitation services for blind and disabled individuals Cost-of-living adjustments State standards; establishment; annual public review; annual certification; payments to individuals Cost-of-living adjustments in benefits Eligibility; agreement with Commissioner Levels of supplementary payments Passthrough relating to optional State supplementation Mandatory pass-through of increased personal needs allowance Election to apply subsection (a)(4) Determinations respecting any portion of period July 1, 1980, through June 30, 1981 Payments to States Meeting subsection (a)(4) requirements for any month after March 1983 Benefits for individuals who perform substantial gainful activity despite severe medical impairment Substantial gainful activity Services for handicapped persons State allotments Authorization of appropriations for pilot program Reports Rules and regulations Requisite features of State plans Payments to States; computation of payments Sponsor's income, resources to aliens Attribution of income of sponsor and resources to aliens Sec. 1382k Procedure for payment of benefits Benefits shall be paid to best effectuate the purposes of this subchapter, as determined under regulations Immediate payment for emergency or presumptively blind or disabled individual Blindness or disability ceases, payments to cease after two months Commissioner to establish ranges of income for payment of benefits Blindness or disability ceases, payments continue to individual participating in a program of vocational rehabilitation services Blindness or disability ceases; payments to continue pending a review or hearing; overpayments Payment to begin within 110 days following determination of disability by administrative law judge Effect, on payment of benefits, of refusal to accept victim compensation Overpayments and underpayments; adjustment, recovery, or payment of amounts by Commissioner Hearing to determine eligibility or amount of benefits; subsequent application; time within which to request hearing; time for determinations of Commissioner pursuant to hearing; judicial review Individual eligible for past-due monthly benefits Procedures applicable; prohibition on assignment of payments; representation of claimants; maximum fees; penalties for violations Administrative requirements prescribed by Commissioner Payment to homeless Reduction of benefits to individual for noncompliance with requirements Furnishing of information by Federal agencies Unnegotiated checks; notice to Commissioner; payment to States; notice to States; investigation of payees Payment of certain travel expenses Reimbursement to States for interim assistance payments Notifications to applicants and recipients Application and review requirements for certain individuals Special notice to blind individuals with respect to hearings and other official actions Pre-release procedures for institutionalized persons Concurrent SSI and food stamp applications by institutionalized individuals Notice requirements Liens, recoveries, transfers of assets Imposition of lien against property of an individual on account of medical assistance rendered to him under a State plan Adjustment or recovery of medical assistance correctly paid under a State plan Treatment of trust amounts Definitions In the Matter of Santiago v. Melamud Murphy v. Secretary of Health and Human Services Fortier v. Thomas In the Matter of the Estate of Edel Giles v. Sparkman Residential Care Home, Inc., et al. Pioneer Life Insurance Co. v. Heidenfeldt Genser v. Thomas Manton v. Bank Boston Autrey v. 22 Texas Services, Inc., et al. Santiago, et al, v. Craigbrand Realty Corp., et al Kryzsko v. Ramsey County Social Services Bonta v. Baker Treatment of income and resources, spouses Special treatment for institutionalized spouses Rules for treatment of income Rules for treatment of resources Protecting income for community spouse Notice and fair hearing Permitting transfer of resources to community spouse Indexing dollar amounts Definitions Conservatorship of Gregory Troxel et vir. v. Granville Aberjona Nursing Center, Inc., v. Charles E. Porter, Jr. Erie County Retirees Association and Lyman H. Cohen v. the County of Erie, Pennsylvania Rideout v. Riendeau Jackson v. Tangreen Transfers of Assets and Treatment of Trusts Schism v. U.S. Scott v. Scott In the Matter of the Guardianship of Esther L.K. In the Matter of the Guardianship of Roland S. Rice In the Matter of Ruth Chandler Peskin v. Seasons Health Care, et al In the Matter of the Estate of Moring In the Matter of the Estate of Warfield Somberg v. Florida Convalescent North Bend Senior Citizens Home v. Cook Congress Approves Estate Tax Repealā€”At Least for One Year Congress Approves Estate Tax Repealā€”At Least for One Year Meredith v. Callahan Nichols v. Preferred National Insurance Co. In the Matter of Evelyn O. In re Marriage of Perry The Central Trust Bank v. Scrivner Estate of Milstein v. Ayers Nash v. Schock Shaak v. Penn. Dept. of Public Welfare Special Care Nursing Services, Inc. v. Fox United Seniors Association, et al v. Shalala In the Matter of the Estate of Lint Kenavan, et al. v. Empire Blue Cross and Blue Shield In the Matter of the Guardianship of Joseph P. In the Interest of E.Z. Transfers of Assets for Less Than FMV Effective Date Individuals To Whom Transfer of Assets Provisions Apply Look-Back Date and Look-Back Period Penalties for Transfers of Assets for Less Than Fair Market Value Life Estates Treatment Of Income As Asset Treatment Of Jointly Owned Assets Annuities Transfers of Assets and Spousal Impoverishment Provisions Penalty Periods Exceptions to Application of Transfer of Assets Penalties Taking into account certain transfers of assets Administrative requirements prescribed by Commissioner; criteria; reduction of benefits to individual for noncompliance with requirements; payment to homeless Payments of the benefit may be made to Aged, blind, or disabled In determining the income of an individual (and his eligible spouse) there shall be excluded Limitation on eligibility of certain individuals LIFE ESTATE AND REMAINDER INTEREST TABLE Treatment of Trusts Transfers of Assets and Treatment of Trusts Criminal penalties for acts involving Federal health care programs In Re: L.R. Estate Recoveries, Contributions from Relatives Fisher et al. v. Toombs County Nursing Home In Re Estate of Ellen M. Sanders In Re Branning McIver v. Krischer Ficke v. Evangelical Health Systems Burinskas v. Dept. of Social Services Beechwood Sanitarium v. DeBuono Matter of Cedeno Matter of Johnson and Smith Peebler and Nay v. Reno NEW FROM THE COURTS: State Law Claims Against HMO Not Preempted by Medicare Act Talbot v. Lucy Corr Nursing Home, et al Tetrault v. Mahoney, Hawkes & Goldings Abreu, et al v. Callahan Barnard v. Erskine Gilmore v. Harte Denton v. American Family Care Corp, et al. Pouser v. Pouser State Farm Automobile Insurance Co. v. State of California In the Matter of the Guardianship of Edna M.F. Krischer v. McIver NYC Dept. of Social Services v. Spellman In re Barbara Hertsberg v. Dept. of Mental Health Grijalva v. Shalala Clark v. Wade Cleary v. Waldman Winkler, et al. v. Interim Services, Inc. d/b/a Interim Healthcare HCFA Offers Guidance on 'Homebound' Definition New Tax Law Makes It Easier to Save for Retirement ElderLawAnswers.com Launches New Attorney Home Page Trusts Established Prior to 1/1/00, Trusts Established by Third Parties and Trusts Not Subject to Section 1613(e) of the Social Security Act Trusts Established by an Individual on or after 1/1/00 Development and Documentation of Trusts Established on or after 1/1/00 Exceptions to Counting Trusts Established on or after 1/1/00 HCFA Changes Its Name MC Plans Given More Time to Decide Whether to Dump Medicare Estate Recoveries, Contributions from Relatives Department of Medical Assistance Services Virginia Public Welfare and Assistance Law Medical Assistance for Needy Persons Public Assistance Manual Public Assistance New Jersey Medical Assistance and Health Services Act Medical Assistance Medical Assistance for Needy Persons Alabama Medicaid Agency Medi-Cal Act Medical Assistance to Elderly Persons CareScout Launches New Assisted Living Database NH High Court Rules SNT Without Named Beneficiaries Is Irrevocable CareScout Launches New Assisted Living Database Savings Site Features More Than 100 Financial Planning Calculators AOA Issues Key Facts About U.S. Elderly Legal Aliens Successfully Challenge NY's Medicaid Law Related New Jersey Medicaid Regulations New Jersey Administrative Code New New Jersey Medicaid Regulations Are Here Public Welfare and Assistance Arizona Long-Term Care System Colorado Medical Assistance Act Medical Assistance Medical Assistance Needs Allowance Increases July 1st Grandparent and Unrelated Mother Are 'Related By Blood' Through Child Needs Allowance Increases July 1st In re L'Allier O'Callaghan v. Commissioner of Social Services In the Matter of St. Luke's-Roosevelt Hospital Center McCall v. Pacificare of California, Inc. Davis v. Pennsylvania Dept. of Public Welfare Crawford v. Care Concepts, Inc. Turner v. Lewis Clark v. Iowa Department of Human Services (Iowa Notices for Trusts Established on or after 1/1/00 New Study Views the 'Sandwich Generation' From a Multicultural Perspective Property That May or May Not Be a Resource MSP Claims Are Subject to Limitations Period of Federal False Claims Act Manning v. Utilities Mutual Insurance State Public Assistance Code District of Columbia Medical Assistance Program Rules of Department of Medical Assistance Your Estate and Retirement Plans May Need Revising After New Tax Law Division of Medical Assistance New Jersey's Grandparent Visitation Statute Unconstitutional As Applied Wilde v. Wilde Werdein v. Johnson Golf v. N.Y. State Dept. of Social Services Silver Circle v. Thomas Kopecky v. Lamar In the Matter of the Guardianship of Standel v. Standel In the Matter of Janczak Goldstein v. St. Paul Fire & Marine Ins. Co Keefe v. Shalala English v. Britt Arizona Health Care Cost Containment System (AHCCCS) Arizona Long-Term Care System Health and Family Services, Medical Assistance Georgia Medical Assistance Act of 1977 Medical Assistance Medical Assistance Medicaid Medical Assistance Programs Elliott v. Nash The New Medicare Drug Discount Card In the Matter of the Estate of Bross Shaw v. PACC Health Plan First Healthcare Corp. v. Rettinger Connor v. Southwest Florida Regional Medical Center Mulvanity v. Pelletier Jordan v. Stephens Barry Harlem Corp. v. Wright Hagan v. Shore Pfaff v. Shoup Matter of Lauda Downhour v. Somani Stephenson v. Shalala Canter v. Commissioner of Public Welfare Matter of Siegel Medical Assistance Medicaid Services Nursing Home May Be Liable for Aide's Assault on Patient Medical Assistance Program Medicaid Eligibility State of Texas v. Farris Matter of Loccisano Matter of Claiman In Re Guardianship of Mason Guardianship of Enos Latham v. Young Grijalva v. Shalala In Re: E.B. Podolsky v. National Medical Enterprises Wimley v. Rudolph Ardary v. Aetna Health Plans of California Nevada Revised Statutes Subject Index: Medicaid Act 280 Medical Assistance for the Aged Conservator May Not Amend Trust Created by Now-Incompetent Settlor Medical Assistance for the Aged; Medicaid Public Assistance Law Supreme Court to Hear 'Income First' Case Regions Bank & Trust Co. v. Stone County Skilled Nursing Facility, Inc. Public Aid and Assistance Medical Assistance Programs Maryland Medical Assistance Program Justice Dept. Sides with Medicaid Recipients on Enforcement Medical Care for the Aged MinnesotaCare Thomas v. Commissioner of the Division of Medical Assistance Aid to Needy Persons Old Age Assistance, Aid to Dependent Children and General Relief Oklahoma Statutes Medicare Reviewers Ordered to Disclose Their Results In re Guardianship & Conservatorship of Garcia Public Citizen, Inc. v. Department of Health and Human Services, et al. Health Care Power of Attorney Rights of the Terminally Ill Act Rights of Nursing Home Patients Medical Assistance Probate Practice and Procedure Medical assistance; estate recovery program High Court to Examine ERISA's Impact on State-Mandated HMO Reviews Long-Term Care Resident Rights Public Assistance Medical Assistance Medical Assistance and Services Medical Assistance Medicaid Agency Not Obliged to Track Down Missing Information Home Health Agency Had No Duty To Recommend Higher Level of Care Report Finds Gaps in Medigap Kirtley v. Truly Devoted Care of Texas, Inc. Court Voids Husband's Trust That Terminates Income If Wife Remarries Estate of Guidotti Glover v. Southard In the Matter of the Estate of Lindgren Easley v. Snider Southport Manor Convalescent Center, Inc. v. Kundrath Hecker v. Stark County Social Service Board Estate of Campbell Conservatorship of the Person and Estate of Susan T. Paulson v. County of De Kalb Rizzi v. Shalala John Miller and Ben Miller, Guardians ad litem of Sylvia Kyro v. Frederick, et al. Husband's Use of POA to Assign Wife's Support to State Is 'No Brainer' Report Uncovers Rampant Abuse in U.S. Nursing Homes Burnett v. Drake Center, Inc. Helen L. v. DiDario In the Matter of the Guardianship of Ms. T. In the Matter of Gordy Franklin v. Arkansas Department of Human Services Hoppe v. Kandiyohi County Successful Medicaid Petitioner Not Entitled to Attorney's Fees Forsyth v. Rowe Hagopian v. Zimmer State of Iowa v. Johnson Kaye v. State of Florida Segal v. Southwest Regional Transit Authority In Re Schmidt Miller v. Currie First Healthcare Corp. v. Rettinger Tarin v. Bullen S.M. v. A.W. Rust v. Buckler Bente v. Hill C.C. and V.C. v. A.G. In the Matter of Annette Voshel and Harold Voshel In Re the Marriage of Kelli Yvette Mitchell and Lyle Lloyd Mitchell MacDonald v. Quaglia Matter of the Estate of Alf. A. Lien Phillips v. Najar Fletcher v. Fletcher Frerks v. Shalala Thomas J. Cleary, et al. v. William Waldman, et al. Johnson v. Lih Whitford v. Gaskill Austwick v. Legal Advocacy Service In the Matter of the Guardianship of Ruth E. J. v. Ruth E. J. In re Guardianship of Way v. Way The Estate of Austwick v. Murphy Award From Vaccine Program Is Subject to Medicaid Lien Lutheran Brethren Retirement Services, Inc. v. Ness Zinman v. Shalala Henry, et al v. Isaac SITE UPDATE: Database of State Statutes and Case Summaries Grows Required Distributions from Retirement Plans Unpaid Nursing Home May Bring Action on Conservator's Probate Bond The Jewish Home for the Elderly of Fairfield County, Inc. v. J. Michael Cantore, Jr., et al. Principal of Pre-OBRA Trust Is Not Available Asset New Minimum Distribution Rules Added to Site Conservator May Not Withdraw Life Support From Conscious Conservatee Wendland v. Wendland Wendland v. Wendland New Medicaid Waiver Program Threatens Elderly, Disabled Recipients HHS Broke Medicare Law in Extending MC Plan Deadline, Court Finds Attorney-in-Fact's Payments Not Deductible From Principal's Estate SSA's POMS Now Online O'Neal v. U.S. Doe v. Rowe Gray Panthers Project Fund v. Thompson Court of Appeals Rules State Lacks 11th Amendment Immunity From Medicaid Suit Father's Trust for Disabled Daughter Is Countable In re Senior Care Properties, Inc. Foster v. Life Insurance Co. of Georgia In the Matter of Gloria R. Emerson v. Adult Community Total Services, Inc. Board of Education of Montgomery County v. Browning In re Jimmie L. Grkman v. Pennsylvania Department of Public Welfare Wagner v. Fair Acres Geriatric Center Wagner v. Fair Acres Geriatric Center Claim Under Converted Policy Not Preempted by ERISA Medical Assistance Medicaid Workers' Testimony Is Sufficient to Prove Moneys Expended on Decedent CMS Proposes Regs Upholding Income-First Rule Federal Court Blocks Bush's Discount Drug Plan Grandmother's Rights Survive Termination of Parents' Rights TennCare Consent Decree Applies to Non-Party MCOs Fraizer v. Velkura Waks v. Empire Blue Cross/Blue Shield ElderLawAnswers Partners With LTC Accrediting Body Is Your Long-Term Care Insurance Agent Certified? Illinois' 'Narrowly Drawn' Visitation Statute Is Constitutional 529 Account Earnings Now Completely Tax Free State Law Questions Remain in Ohio Income-First Case In re Marriage of Mehring Knight v. Beverly Health Care Bay Manor George v. Ohio Dept. of Human Services Nursing Home and Home Health Cost Survey Court Favors Contemporaneous Accounts of Donor's Mental State Landmark Trust (USA), Inc., v. Goodhue, et al Jenkel v. Shalala In the Matter of J.S. In the Matter of Cohen Myers v. Kansas Department of Social Services and Rehabilitation Services Francis J. v. Wright American Healthcare Center v. Randall Varshavsky v. Perales McCartney v. Columbia Heights Nursing Home, Inc In the Matter of Aitken Pogharian v. Secretary of Health and Human Services State of Oregon v. Bryant Villanella v. Godbey Agency That Delayed Investigating Nursing Home Abuse Is Immune SSA Makes Possible Online Submission of Comments Costa v. Department of Public Health, et al. In re Guardianship and Conservatorship of Piller Epperson v. Epperson Cal. Court Says G-parents Seeking Visitation Must Prove Harm to Child National States Insurance Co. v. Smith Olson v. Chippewa County Social Services Medical Society of the State of New York v. State of New York Department of Health In re E.R. Russell v. Kossover Miller v. Miller Kisselbach v. County of Camden 'Initial' Medicaid Application Does Not Mean 'Most Recent' Medicaid Underfunds Nursing Home Care By $3.5 Billion Testamentary Payment for Care Not Adeemed by Sale of Real Estate In Re the Estate of Lund Iowa High Court Endorses Parents' Right to Choose on Visitation New SSA Web Site for Client Representatives U.S. Appeals Court Rules on Pre-OBRA-93 Trusts State Claims Against Reverse Mortgage Seller Not Preempted by Federal Law Black v. Financial Freedom Senior Funding Corp., et al. Miss. Supreme Court Rules Will Was Product of Undue Influence Wright v. Roberts Alaska High Court Invalidates Will Prepared By New Husband Riddell v. Edwards Supreme Court Schedules Oral Arguments in 'Income First' Case Nursing Home Director Must Stand Trial for Neglect of Resident Santi v. Santi Neal v. Lee CMS Smoothes Way for Dementia Patients' Medicare Coverage Bank May Add Third Party to Joint Account Without One Party's Consent Caine v. NationsBank, N.A. Government Announces Annual Medicare Cost Hikes In re Marriage of Harris Attorneys' Fees Paid by Defendant Are Income to Plaintiff Sinyard v. Commissioner of Internal Revenue Reducing Medicaid Benefits By SS Income Is Not a 'Taking' Limitation on amount of gross income earned; "gross income" defined "Eligible individual" defined State May Not Specifically Exclude a Hot Tub from Medicaid Coverage IRS Targets Social Security Benefits for Tax Repayment Attorney's Association With Trust Mill Nets Probation In the Matter of Flack Barrows v. Bowen In the Matter of Agnes D. Rick In the Matter of the Estate of Eda Rappold In the Estate of Haywood U.S. District Court Rules That Annuity Trust Is Countable Description of program (Medicare) Description of program Court Rules on Medicare Home Health Care Notices Joint Account Fails To Do Its Job Home Care Workers Are Not Independent Contractors Klausner v. Brockman, et al. Alimony Is Due After Husband Inherits Funds in Spendthrift Trust Dwight v. Dwight Settlement Gives Louisiana's Elderly More Long-Term Care Choices Medicaid Spousal Impoverishment Figures for 2002 Released SSA Launches New Web Site for Women Flores v. Transamerica HomeFirst Conservatorship of Levitt Using U.S. Savings Bonds in Medicaid Planning Arbitration Clause in Reverse Mortgage Agreement Is Unconscionable GAO Report Examines Impact of Olmstead Decision Nursing Home Liable for Not Supervising Smoking Resident Nursing Home Liable for Not Supervising Smoking Resident CMS Improves Access to Nursing Home Quality Findings Matter of Morgan v. Grzesik Lawson v. Skyline Healthcare Center Supreme Court Hears Arguments in 'Income-First' Case Grandparents Eligible for Same Caretaker Deduction as Parents Free Kit Helps Attorneys Provide for Clients' Pets Community Spouse's IRA Is Not a Resource Supreme Court Considers Income-First Rule Supreme Court Considers Income-First Rule Troxel Trumps Grandparents in Custody Dispute Newton v. Thomas Pa. Court Rules That Consecutive Monthly Transfers Are One Transfer Attorney Had No Duty to Dissuade Client in Choice of Agent Beware Post-September 11th Scams Persinger v. Holst Proposed Ward Must Attend Hearing If Able Purchase of Annuity Is Transfer Without Economic Substance Sec. 1983 Fee Award Reversed in Light of New Ruling Special (Dis)Enrollment Period for Medicare HMOs Ends Dec. 31 Medicare+Choice's Varying Reimbursement Rates Are Constitutional Minn. Senior Federation v. United States IRS Adjusts 2002 Gift Exclusions for Inflation Inflation Adjustment Allows You to Gift More Tax-Free in 2002 Survey Finds Many Unaware of Long-Term Care Costs Miss. High Court Sets Aside Deed, Will and Adult Adoption Estate of Reid Named Beneficiary, Although Not a Legal Entity, May Take Under Will Beaston v. Slingwine, et al Florida Court Orders New Trial in ALF Drowning Case The $1,275 Ice Cream Cone, and Other Guardianship Abuses Ala. Court Refuses to Undo Kentucky's Pre-Troxel Visitation Order Selvin v. DMC Regency Residence, Ltd. Answers to Global Aging Quiz Long-Running Medicaid Home Health Services Class Action Dismissed Texas Jury Awards Family of Nursing Home Resident $21 Million Uniform Commercial Code Determines Bank's Liability for Damages Conservator's Duty Conflicts With Role as Ward's Funeral Director Drug Discount Cards Offer Elderly Little Savings Aggressive Investing May Be Best Bet for 'Extreme Longevity' Agent Cannot Create Trust To Change Beneficiaries G.P. v. A.A.K. Lavalis, et al. v. Copperas Cove LLC, et al. Hancock Bank v. Ensenat Pitts v. Blackwell Section 529 (College Savings) Plans Ohio Court Throws Book at Elder Abuser New SS-4 (Application for EIN) Form Allows for Third-Party Designee World's Elderly Population Growing by 800,000 Per Month Mass. Health Care Proxy Allows Commitment to Mental Health Facility State of Ohio v. Lehman Cohen v. Bolduc Guardian Must Maintain Ward's Estate Plan Blumer Argument Transcript Available From High Court Site Aging Drivers and the Law Test Your Knowledge of Global Aging Test Your Knowledge of Global Aging Subsequent Divorce Does Not Revoke "I Love You" Will Hinders, et al. v. Hinders In Re: Falucco Claimant Alleging Undue Influence Is Assessed Attorney Fees Foster v. Ross Unfitness Not Required to Override Mother's Decision on Visitation If Retirement Savings Must Last Decades, Stocks May Be Best Bet Connecticut Readies Waiver From Asset Transfer Rules In re the Paternity of Roger D.H. Appellate Court Rules Against Transfer of NH Resident Agent Cannot Create Trust That Changes Principal's Beneficiaries Mother Didn't Waive Right to Partition Life Estate Guardian's Lawyer Owes Duty to the Ward Three State Appellate Courts Scrutinize Their Visitation Statutes Ward Unlawfully Detained When Denied Required Hearing Estate Owes Personal Caregiver Unemployment Benefits Edgewater v. Youngren Schubert v. Reynolds DeRose v. DeRose, Roth v. Weston, Ex Parte State of Alabama In the Matter of Judith G. Estate of Dulaney v. Mississippi Employment Security Commission Feds Reject West Virginia's Ceasefire Offer in Estate Recovery War Mother Did Not Waive Right to Partition of Life Estate Section 7520 Rate is 5.6 percent for February 2002 ERISA Prevents Pension From Passing to Heirs Conn. High Court Clarifies Meaning of 'Resident Abuse' Beach v. Beach Salmon v. Department of Public Health and Addiction Services United States of America, Ex rel.; Lowell Quirk v. Madonna Towers, Inc. In Re Estate and Guardianship of Andrews Vocational Services Payable By Trust As Part of ā€œBasic Needsā€ Joint Brokerage Account Not Reachable by Joint Tenant's Creditors Nursing Homes Woefully Understaffed, Study Finds Guardianship Is Wrong Way to Transfer Custody of Grandchildren Strojek v. Hardin County Board of Supervisors Larrimore & Farnish, P.C., v. Johnson In Re T.H.M. U.S. Supreme Court Blesses "Income-First" Approach Supreme Court Ruling Threatens Spouses of Medicaid Applicants Statute of Limitations Bars Undue Influence Claim Against University Nursing Facility That Breached Contract Is Liable for Distress Damages Will Is Valid Although Witnesses Did Not Know What They Were Signing Iowa Medicaid Must Cover Home Health for Part-Time Services New Retirement Distribution Rules Undue Influence Rebutted Despite Drafting Attorney's Conflict of Interest Baars v. Campbell University Inc., et al. In the Matter of the Estate of Howser Decedent's Trust Is Not Includable in His Estate 34 Ideas To Improve an Elder Law Practice Long-Term Care Insurance Market Tripled in 1990s Agent's Attorney Can Have Attorney-Client Relationship With Principal Proposed Ward Is Entitled to a New Trial Rodriguez v. Care with Dignity Health Care, Inc. In re Whitcomb Nursing Home Resident Fails to Open Complaint Letter and Pays Price Safeguards against Transfer or Discharge ERISA Prevents Spouse's Interest in Pension From Passing to Heirs Premarital Agreement Does Not Block Spousal Rights to Pension Buchanan v. Apfel Web Tools Available for Calculating Gifts Son Is Entitled to Fuller Hearing in Effort to Replace Corporate Guardian CMS Releases Nursing Facility Market Update Trust That Terminates on Denial of Benefits Is Still Countable Estate of Sieber v. Oklahoma Tax Commission Estate of Keatinge v. Biddle In Re Whitcomb Meadow Wind Health Care Center v. McInnes Branco v. UFCW-Northern California Employers Joint Pension Plan Inheritance Is an Available Asset Before Distribution State May Only Recover Settlement Proceeds Allocated to Medical Expenses State May Only Recover Settlement Medical Expenses Attorney for One Co-Administrator Owes No Duty to Other H.C.S. v. Community Advocacy Project of Alaska, Inc. Now It's Official: Medicare Coverage Extended to Treatment of Dementia Medicare Coverage Extended to Treatment of Alzheimer's Great-Grandparents Not Included in Statute Pharmacy Has Duty to Warn of Medications' Potential Side Effects Great-Grandparents Not Included in Visitation Statute Estate, Retirement, and Long-Term Care Planning Bank May Not Use SS and SSI Benefits to Cover Overdrafts Bratcher v. Moriarty, Donoghue & Leja, P.C. Cottam v. CVS Pharmacy Hammons v. Jenkins-Griffith Property Conveyed to In-Law Is Presumed Not To Be a Gift Lopez, et al. v. Washington Mutual Bank N.J. Court Asks Medicaid Director to Explain Reversal of ALJ's Findings Arkansas Probate Forms California Notice of Hearing California Order Dispensing with Notice California Order Prescribing Notice Apartment Where Medicaid Recipient Resided Is ā€œReturn Toā€ Unit Web Site Posts Unreliable Data on Nursing Homes, Report Finds California Request for Special Notice California Inventory and Appraisal California Inventory and Appraisal Attachment California Change of Residence Notice California Petition for Guardian Ad Litem California Temporary Guardian or Conservator California Temporary Letters Probate Court Judge May Testify on Earlier Role As GAL Applicant's Jointly Held Funds Are Countable Despite Death Before Final Decision California Guardianship Pamphlet California Consent of Proposed Guardian California Letters of Guardianship California Termination of Guardianship California Order Terminating Guardianship Asset Appreciation Following Initial ā€œSnapshotā€ Is Countable Calfiornia Petition for Conservator California Confidential Supplement California Special Orders California Citation for Conservatorship California Order for Investigator California Capacity Declaration California Order Appointing Conservator California Duties of Conservator California Letters of Conservatorship California Exclusive Medical Consent California Order Authorizing Consent Standards of Practice Will Valid Though Witness Knew Not What She Signed Account Not Reachable by Joint Tenant's Creditors Jocoy v. Jocoy Will Executed By Ward Must Meet ā€œClear and Convincingā€ Standard RELIABLE SOURCE: Practical Guide to Estate Planning ā€œPrime Bankā€ Swindle Targets Seniors Guardianship of Pollard Estate of Vanoni Illinois High Court Strikes Down Visitation Statute Wickham v. Byrne and Langman v. Langman Health Care Proxy Allows Psychiatric Confinement Attorney Owes Duty Only to One Co-Administrator Probate Judge May Testify on Earlier Role As GAL Connecticut Submits Request to Impose Harsh Transfer Penalty Home Health Services Class Action Dismissed Government Begins Releasing Quality Data on Nursing Homes Nevada Class Action Seeks to Block Liens on Homes of Spouses Court Asks Director to Explain Reversal of ALJ Asset Appreciation Following Snapshot Is Countable Ohio Court Cuts Couple's Valuation of Their Care Services in Half In Re Estate of Bishop Agent/Son Owes Mother's SS Income to Nursing Home Attempt to Change Beneficiary of Annuity Is Ineffective Methodist Manor of Waukesha, Inc., v. Martin Linder, et al. v. Linder Hoopingarner v. Stenzel Montana High Court Criticizes CPA's Handling of Ward's Estate Redies v. Cosner IRS Releases Final Minimum Distribution Rules Reasonable Fees Due Executor/Attorney for Estate In Re: Estate of Rothert Disclaimer That Retains Life Estate Is Not a Qualified Disclaimer Walshire v. U.S. Actuarially Sound Private Annuities Are Improper Transfers Petitioner Had Right to See Report by Conservatee's Appointed Counsel Conservatorship of Schaeffer Medicaid Lien not Subject to Attorney Fees Two U.S. Circuits Declare Medicaid Act Enforceable New Minimum Needs Allowance Set MetLife Surveys Nursing Home Costs Around Nation Challenge to Medicare's Subrogation Rules Must Exhaust Administrative Remedies Unexercised POA Does Not Give Rise to Confidential Relationship Conservatorship of Schaeffer Cochran v. U.S. Health Care Financing Medi-Cal May Recover Against Property Deeded With Retained Life Estate Estate Recovery Notice Defective on Hardship Instructions Estate Recovery Notice Defective on Instructions In the Matter of the Estate of Schiola The Zero NAMI Budget Guardian Fails to Mention Ward's Death Prior to Divorce Settlement SSA Disability Applications Backlogged Up to 3 Years Kingsdorf v. Kingsdorf Childress v. Currie Private Administrator of County Nursing Home Not Entitled to Immunity Estate of Helsel Supreme Court Approves Contingency Method of Calculating SS Fees Supreme Court Endorses Broad Reading of SEC Ā§10(b) Violations AARP Joins Suits Against Drug Companies Gisbrecht, et al. v. Barnhart Securities and Exchange Commission v. Zandford Congress Delays Medicare Managed Care ā€œLock-Inā€ for 3 Years Guardianship Does Not Prove Lack of Capacity to Make Testamentary Dispositions In Re the Estate of Felt Assisted Living Facility Cost Averages $2,159 a Month Principal May Designate Attorney in Fact Kipke v. Kipka Protection of the Abused, Neglected or Exploited Disabled Adult Act Medical Assistance Program Appeals within the Medical Assistance Program Senate Rejects Estate Tax Repeal Beneficiary Who Facilitated Will Did Not ā€œCauseā€ Transcription Early Stage Alzheimer's and Dementia Default Judgment Against Nursing Home Vacated for Lack of Evidence Rice v. Clark Rachou v. Cornerstone Village Inc. SSA Seeks Unfettered Access to SSI Claimant Records Husband Has No Claim to Deceased Wife's Trust Assets U.S. Spends More on Health Care, Gets Less Report Says SS Benefits Would Be Slashed Under Bush Plan Nursing Home Cannot Bind Signers of Arbitration Agreement Bongaards v. Millen Pagarigan, et al. v. Libby Care Center, et al. Conservator's Costs Payable By Estate, Not State Agency Pharmacist Shortage Threatens Elderly State Dept. of Human Res. v. Harris High Court Upholds Patients' Right to Review of HMO Decisions Illinois Waiver Caps Federal Medicaid Reimbursement High Court Upholds Patients' Right to Review of HMO Decisions Medicaid Manuals Prices of Prescription Drugs for Seniors Far Outpace Inflation Prices of Prescription Drugs for Seniors Far Outpace Inflation Stepson Not Responsible for Paying SS Income to Nursing Home Rush Prudential HMO, Inc. v. Moran Slovik v. Prime Healthcare Corp. Dole Calls for Change in Medicare's ā€œHomeboundā€ Rule Ky. Court Requires Showing of Harm to Overcome Parents on Visitation Federal Court Has Jurisdiction in Challenge to Trust But Not to Will Boomers Not Flocking to Buy Long-Term Care Coverage Sianis v. Jensen Texas Jury Awards First Damages Under Law Allowing HMO Suits Transfer of Home to Children Does Not Trigger Ineligibility Period Medicaid Statute Enforceable Under Maryland Law Medicaid Statute Enforceable Under Maryland Law National Nursing Home Survey Released Funeral Trusts for Medicaid Applicant's Children Are Exempt Assets USA Today Rates College Savings Plans Medi-Cal May Not Exclude Stairway Chairlifts From Coverage RELIABLE SOURCE: New Handbook for Fiduciaries Medicaid Recipient Not Entitled to Lien Reduction for Attorney Fees Proposed Ward Must Attend Hearing If Physically Able Private Annuities Are Improper Transfers Reasonable Fees Due Executor/Attorney for Estate Putting the ā€œHomeā€ Into Nursing Homes HIAA Guide to Long Term Healthcare Guardian Cannot Designate Medicaid Recipient's Domicile Funeral Trusts for Children Are Exempt Assets Medi-Cal Must Cover Stairway Chairlifts Hawaii Embarks on Long-Term Care Coverage Program Drug Makers Spend More on Promotion Than on Science--Study "Will the State Take My Home?" IRS Releases New Life Expectancy Tables As Separate Publication Several Beneficiaries ā€œAnnuity Truthā€ Web Site Needs Your Help Colorado Court Declares Elective-Share Trust Assets Countable Elective-Share Trust Assets Declared Countable Action Under Illinois' Nursing Home Care Act Survives Death Myers v. Heritage Enterprises, Inc. Missouri Medicaid Has No Claim Against Administrator of Small Estate Medicare+Choice Enrollment Schedule for 2003 Released Pre-1986 Trust Is Available to MR Child Cared for at Home Guardian Not Required for Ward With Valid DPA Medicare Relaxes Guidelines for ā€œHomeboundā€ Definition Smith v. Lynch States Try to Help Low-Income Seniors With Drug Costs NH Reform Law Gives Standard for Negligence, But Not a Private Right Auto Insurer Liable for Provider Charges McCain v. Beverly Health and Rehabilitation Services, Inc. and Sparr v. Berks County Deed Signed By Interested Agent Is Valid Estate of Stephens Medicare Sued Over Failure to Set Up Appeals Process Medicare Sued Over Failure to Set Up Appeals Process Surveys of Medicare Home Health Agencies Mask Problems Bank May Seize SS and SSI Benefits to Cover Overdrafts Lopez v. Washington Mutual South Dakota's ā€œBest Interestsā€ Standard for Visitation Is Upheld House Approves Tax Deduction for LTC Insurance Premiums Currey v. Currey Patient Advocates Critical of Bush's Final Medical Privacy Rules Article Highlights Indiana's Efforts to Thwart Medicaid Planning Tale of Two Cities: Probate Court Abused Discretion in Appointing Guardian Wrongful Death Suit Against Leaseholder of Nursing Home Is Frivolous In Re Orshansky Wheeler v. Park Rose Care Center, Inc. Was Patient Terminal When Life Support Was Withdrawn? Savings Bonds Available for Purchase Online Indiana Court Upholds Solomonic Ruling in Guardianship Dispute Texas Medicaid Consent Decree Not Enforceable Under Sec. 1983 States Ask High Court to Rule on Enforceability of Medicaid Statute Time Limits for Medicare Part A and B Appeals Changed CMS Proposes Rule for Appealing Medicare Determinations More Doctors Refusing to Treat People on Medicare Estate May be Liable for Injuries at House Occupied by Surviving Spouse GOP Wins 'Who Wants to Be a Millionaire?' Medicare Suit Medicare to Offer Some Beneficiaries PPO Option Next Year GOP Wins 'Who Wants to Be a Millionaire?' Medicare Suit Failure to Elect Against Will of Spouse in Another State Is a Transfer Will That Testator Apparently Forgot to Sign Is Invalid Verbal Memory Test Is Best Predictor of Alzheimer's Ramsey v. Coatney Schwartz and Renoire v. Schwartz Republican National Committee v. Taylor LaFlamme v. Dallessio Allen v. Dalk Administration Issues Final Rules on Drug Discount Cards Vencor Inc. v. National States Insurance Company Medigap Insurer Responsible Only for Medicare's Per Diem Rate Fla. High Court Finds Possible Negligence in Nursing Home Slip-and-Fall Case 200,000 To Lose Medicare HMO Coverage Next Year The Top Eight Mistakes People Make With Medicaid Markowitz v. Helen Homes of Kendall Corp. Cash-Strapped States Slashing Medicaid Benefits, Eligibility Mass. High Court Upholds ā€œBest Interestā€ Standard on Visitation Grantor's Power to Name Herself Beneficiary Constitutes a Transfer IRS Rules Spouse May Roll Over IRA Left to Decedent's Estate Administration Broke Law in Failing to Mail Medicare Information Trusts With Limited Power of Appointment Are Not Available Assets Medicaid Action May Proceed Without Remedy Exhaustion Medicare Patients Get Less Therapy With New Payment System Study Recommends LTC Policies Have 5 Percent Inflation Rider Firm Not Liable for Preparing Allegedly Faulty Estate Plan Rutter v. Jones, Blechman, Woltz & Kelly, P.C. Assisted Living Facility Must Produce Non-Private Employee Records Study Finds Home Care Is Far Less Costly Than Residential Care Alterra Healthcare Corp. v. Estate of Shelley Ranks of Poor Swelled Last Year Nursing Home's Arbitration Clause Not Enforceable Community Care of America of Alabama, Inc., v. Davis Defective Notice of Fair Hearing Not Grounds for Reversal Some Are Paying a Family Member to Provide Care Reverse Mortgages Looking More Attractive Than Ever EL Attorney Sanctioned for Not Disclosing Interest in Investment Advice Stark County Bar Association v. Buttacavoli California Becomes First State to Provide Paid Family Leave Court Modifies 1995 QDRO Granting Improper Share of Pension Hayward v. Hayward Study Suggests a Little Work Has Health Benefits for Elderly Medical Malpractice Attorneys Shun Elderly Clients Indiana Company Helps Elderly Become Landlords to Qualify for Medicaid New Minnesota Law Makes Annuity Purchase a Medicaid Transfer Transfer Suggested by Medicaid Specialist Not Result of Undue Influence CMS Moves to Increase PACE Program's Appeal Nursing Home May Compel Arbitration Under Contract It Failed to Sign Severe Shortage of Nursing Home Workers Imperiling Residents Integrated Health Services v. Lopez-Silvero Estate Lacks Standing to Sue Attorney Over Division of Assets in Trust Obligation to Support Incapacitated Spouse Ends Upon Death AMA Predicts ā€œMedicare Meltdownā€ If Payments to Doctors Are Cut Karam v. Kliber Guardianship of Brown v. Guardianship of Brown Second Will Failed to Revoke Earlier Trust HHS Announces Medicare Beneficiary Payment Rates for 2003 Nursing Home Whistleblowers Powerless to Blow Whistle In Re Estate of Furst Medicare Rates for 2003 Announced Court Rules on N.H.'s Failure to Serve Recipients Under Medicaid Waiver Program Testator Intended to Keep Land in Family by Excluding Child's Estate High Court Denies Cert in Medicaid Enforceability Case Earlham College v. Woollen Arkansas Court Enforces Nursing Home's Financial Guarantee Social Security and SSI Benefits to Rise 1.4 Percent in 2003 Attorney for Estate Owed No Duty to Beneficiaries Allen v. Stoker ElderLawAnswers Mourns Paul Wellstone IRS Allows Distribution Changes to Protect Savings in Market Downturns Buying Prescription Drugs From Canada: Legal or Illegal? To Earn Deduction, CRAT Rules Must Be Strictly Followed AARP Warns Against Deceptive Ads on Medicare Drug Benefit Estate of Atkinson v. Commissioner AARP Site Features Voter Guide to Today's Elections Drug Industry Mounts Ad Blitz to Block Price Controls The Election Results: News Analysis Promise of Support for Life Is Enforceable Against Estate In the Matter of the Estate of Roccamonte Physician Departures Could Undermine Medicare Elders Talk About 'A Fate Worse Than Death': Dementia Strict Statute of Limitations Applies in Case of Elder Financial Abuse IRS Makes Changes in Tax Treatment of LTC Premiums and Benefits Davis v. Monahan Retirement Community Discriminated Against Disabled Applicants Report Cards on 17,000 Nursing Homes Released Use of Medical Care by Elderly Far Higher in Polluted Areas First ā€œReport Cardā€ on Care for the Dying Awards Middling Grades Estate Administrator Denied Compensation Promises to Military Recruits Did Not Create Contract for Medical Care In the Matter of the Estate of Austin Court Denies Medicaid Lien Due to Hardship Medicaid Suit Against Massachusetts May Proceed in Federal Forum WWII and Korean War Vets Not Entitled to Lifetime Health Care Separate-Maintenance Decree Preserves Surviving Spouse's Right of Election In re Estate of Carlisle Attorney Did Not Owe Duty to Prospective Beneficiary for Prompt Will Execution Government Creates New Web Site for People With Disabilities Sisson v. Jankowski Is Hospital Watchdog Group Overlooking Serious Problems? Rule Proposed for Medicare Part A and B Appeals Guardian May Change Ward's Domicile Dakuras v. Edwards Estate of Surviving Spouse May Receive Elective Share FEATURED NEWS: Nation Facing Shortage of Geriatric Specialists Gallagher v. Evert Nursing Home Liable for Bill After Misinforming Patient About Medicare Attorney Should Have Used SNT to Protect Will Beneficiary's Medicaid Eligibility Decedent's Conveyance of Property Was a Sale, Not a Gift Fuller v. Riffe FEATURED NEWS: CareScout Raises Concerns About CMS Nursing Home Quality Data Massachusetts Court Affirms Senior's Estate Plan Is Medicaid Planning Ethical? Antenuptial Agreement Creates Confusion in Interpretation of Will In Re: Estate of Blumenthal Note in Safe Deposit Box Is Not a Holographic Will Study Finds Most Workers Have No Retirement Savings Wrongful Death Victim's Estate May Not Recover for Loss of Enjoyment Estate of Otani v. Broudy States Are Hiking Estate Taxes As the Federal Tax Credit Vanishes Court Rules Medicaid Transfer Is Not a Fraudulent Conveyance New York Man Is Indicted for Abusing His Elderly Mother N.H. High Court Says State's Medicaid Lien Went Up In Smoke LTC Insurance Policy Exclusion Is Enforceable Yoder v. American Travellers Life Insurance Co. Daughters Not Entitled To Repayment for Personal Care Services Court Pulls Plug on Maine's Drug Plan for Low-Income Residents In Re the Estate of Orr Court Prevents Son From Doing Medicaid Planning on His Mother's Behalf Oliver's Cases Offers One-Month Free Trial (and 50% Off to ELA Members) ELA Forms Strategic Alliance With CLTCC Home Was Transferred to Children for Medicaid Purposes Bush Set to Propose Sweeping Changes in Medicare Was Mother Victim of Neglect at Hands of Daughter? In re: Appeal of Sharon O'Boyle Grandson May Inherit Under Will As a Pretermitted Child Need for Long-Term Care Won't Boom Until After 2030 Alexander v. Estate of Alexander Attorney Is Allowed to Correct Failure to Sign Decedent's Will State Appeals Court Voids California's Estate Recovery Policies Many Misunderstand Their Living Wills, Study Finds Protected Person Had Capacity to Quitclaim Interest in Residence Full Retirement Age Rises Above 65 for First Time Estate of Gleeson Internet Resources on Pressure Ulcers Power of Attorney Renders Guardianship Unnecessary States' Deepening Fiscal Crisis Threatens Medicaid Recipients In re Guardianship & Conservatorship of Hartwig Court Limits Remaindermen's Duty to Maintain Life Estate Property In the Matter of: The Estate of Bland Bill Gates Sr. Makes the Case for Preserving the Estate Tax CMS Equivocates on Binding Arbitration Agreements Temporary College Drop-Out Still Entitled to Education Trust Income Hurley v. The Moody National Bank of Galveston Vencor Fails Again to Force Medigap Insurer to Pay Its Full Rate Vencor, Inc. v. Standard Life and Accident Insurance Co. Rules of Civil Procedure Govern Conservatorship Proceedings Bush Shifts Position on Medicare Physician Payment Cuts In re: Conservatorship of Smith Federal Law Does Not Preempt Arbitration Requirements CMS Says Two N.J. Medicaid Provisions Contravene Federal Law Bush Orders End to Medicare's Educational Efforts Grandparents Eligible for Michigan Medicaid's Caretaker Deduction Purchase of Life Estate Is an Improper Transfer Bush Drug Proposal Aimed at Driving Medicare Recipients Into Managed Care Is Massachusetts' ā€œRobin Hoodā€ Nursing Home Fee Unfair? NHRA Confers Private Right of Action for Specialized Services Report: Medicaid Cuts Are Bad Medicine for Economic Health Rolland v. Romney Bush Proposes to Give States More Control Over Medicaid Attorney for Guardian Owes Duty to Ward Estate of Treadwell Letter from Center for Medicaid and State Operations The New Medicaid Proposal: What Are the Implications? Florida's Nursing Home Statute Trumps Wrongful Death Act Florida Convalescent Centers v. Somberg Court Rules Bush's Discount Drug Card Proposal Is Illegal Personal Representative Removed Without Due Process Edelman v. Breed Advance Directives Heir at Law Has Standing to Contest Will Another Circuit Denies Medicaid Recipients a Share of Tobacco Funds A CRUT By Any Other Name Is Still a CRUT Felony "Conviction" Destroys Interest in Trust AARP Denounces Bush Medicaid Plan Summers v. Garland Cover Letter, Couple, Non-Taxable Estate Treatment of Trusts Nursing Home Cannot Escape Liability by Delegating to Contractor NME Properties, Inc. v. Rudich Purchase of Long-Term Care Insurance Continues to Build Cicio v. Vytra Healthcare ERISA Does Not Preempt Malpractice Action Against HMO Probating a Decedent's Will in Alabama HMOs Can Be Sued for Refusing to Cover Treatment HHS Announces New Poverty Guidelines Congress Averts 'Medicare Meltdown'--For Now Attorney Suspended for Drafting Codicil That Benefited Her Family Oklahoma Bar Association v. McLain Property Transfers Under POA May Have Been for Consideration Graham v. Morrison Attorney Must Divulge Information Gleaned in Guardianship Representation In Re: Estate of Wood Guardian May Transfer Ward's Assets to (d)(4)(A) Trust Louisiana Tightens Rules on Annuities and Medicaid 529 Plan Assets Can Collide With Medicaid Eligibility More Medical Care May Not Be Better Care Leave Act Does Not Cover Care of Those Traveling for Non-Medical Reasons Gradilla v. Ruskin Is Bush Using Drug Benefit As Wedge to Privatize Medicare? Guardianship Appointment Procedures Apply to Modifications As Well In re Levy v. Davis Massachusetts Seeking Waiver From Transfer Rules Nursing Home's Arbitration Agreement Is Not Binding Howell v. NHC Healthcare-Fort Sanders, Inc. New Telemarketing Fraud Targets Medicare Beneficiaries Wife Is 'Co-Settlor' of Testamentary Trust for Failure to Elect Against It Stepfather's Remarriage Prevents Stepchildren From Taking Under Will Comerica Bank v. Bennett Personal Representative Could Have Searched Harder for Creditor Strulowitz v. The Cadle Company II, Inc. To Combat Fraud, Elderly May Need to Be a Bit Less Trusting Copy of Missing Will and Original Codicil Overcome Presumption of Revocation In re Estate of King Hospital Not Liable for Injuries Suffered on Trip Home in Ambulette Wife Is 'Surviving Spouse' Despite Court's Prior Division of Property Senate Committee Unanimously Approves Respite Care Program In re Estate of Pfeiffer U.S. Life Expectancy Hits All-Time High Med Mal Plaintiff May Recover More Than Amount Paid by Medicaid Medicare Forecasts a 12.4 Percent Rise in Part B Premiums Court Reduces Fees Due Attorney Hired Under DPA Former Medicare/Medicaid Chief Says Universal Care Is Doable In the Matter of the Guardianship of Savell Medicare's Fiscal Health Worse Than Expected Villazon v. Prudential Health Care Plan, Inc. Negligence Claim Against IPA HMO May Proceed Minnesota Prepares Request to Tighten Asset Transfer Rules Guardian Breached Duty to Ward by Not Respecting Medicaid Planning Lesbian Couple Sues Retirement Community for Barring Them Final Medicare+Choice Appeal Rule Issued Oliver's Cases Logs Off Report: Long-Term Care Insurance Coming of Age Medicaid Planning Attorney Disbarred for Excessive Unearned Fees Medicaid Autodidact Crusades to Change State Medicaid Laws New Medical Privacy Rules Take Effect POA Agent Must Account to Estate for Her Actions In Re: The Estate of Mullins Marriage Does Not Give Rise to a Presumption of Undue Influence In re Karmey Estate Medicare HMO Benefits Erode Even As Premiums Rise How Couples Can Benefit From A-B Trusts Court Refuses to Amend SNT to Render It Irrevocable in Eyes of SSA Medicaid Recipients Like Program That Lets Them Direct Care Medicare Expands Coverage for PET Scans Residual Estate Should Be Valued Upon Termination of a Life Estate Medicare Covers Cancer Screenings In Re the Estate of Kuralt Kuralt Estate Is Responsible for Taxes on Property Conveyed in Codicil In the Matter of: Estate of Smith Testator's Former Attorney Need Not Testify in Will Dispute In the Matter of the Will of Johnston New York Bill Would Tighten Medicaid Eligibility and Transfer Rules Exclusion of Medically Needy from Community Services Violates ADA Quality Data Now Available on Home Health Care Agencies Consumer Groups Disappointed With Assisted Living Report Medicaid Lien May Not Be Reduced by Beneficiary's Negligence Violation of Nursing Home Regs Warrants Negligence Per Se Instruction Norman v. Life Care Centers of America, Inc. Beneficiaries Predecease But Anti-Lapse Statute Does Not Apply Bridges v. Taylor Alzheimer's Victim Competent to Convey Property Conservatorship of Moran v. Necaise Researchers May Have Found Way to Screen for Alzheimer's Anyone May Present a Will for Probate, Not Just an 'Interested Person' In the Estate of Croom Policyholder's Death Due to Disorientation, Not Car Crash Keating v. J.C. Penney Life Ins. Co. All About HIPAA's Privacy Rule Court Names Different Conservator Than Conservatee Had Designated In the Matter of Iwen Eye Doctors Who Declared Motorist Fit to Drive Owed No Duty to Injured Bicyclist Poor Doctor Communication Can Negate End-of-Life Planning Conservator May Swear to Conservatee's Divorce Complaint Sanders v. Sanders Hagwood v. Newton Nursing Home Engages in Interstate Commerce, May Compel Arbitration McGuffey Health and Rehabilitation Center v. Gibson Agent's Improper Asset Transfers Breached Nursing Home Contract Tax-Cut Package Includes Medicaid Aid to States Estate of Marquis Texas Tops List of States With Worst Nursing Home Violations Canada Guarantees Quality of Drugs Imported to U.S. Cost of Prepaid Burial Plan Not Deductible From Assets Medicaid Program May Enforce Lien Against State's Own Monies Medicaid Program May Enforce Lien Against State's Own Monies Bush Policy Places Lesser Value on Lives of Elderly Expert Says Medicare's Hospice Benefit Is 'Grossly Underutilized' Bush Plan to Privatize Medicare Could Increase Costs Medicare Settles Suit Over Failure to Cover Eye Medication Losing Party in Undue Influence Case Responsible for Attorney Fees In the Matter of the Niles Trust Supreme Court Denies Elderly Vets' Bid for Lifetime Health Care Life Estate Interest Does Not Reduce Medicaid Penalty Period Contractual Capacity Is Standard for Changing Annuity Beneficiaries State Must Have Highest Priority in Reimbursement From (d)(4)(A) Trust Attorney-in-Fact Who Never Acted Under POA Is Still Fiduciary Vogt v. Warnock Care Choices HMO v. Engstrom Medicare HMOs Have No Private Right of Action for Reimbursement Trust's Required Distribution of 'Personalty' Makes It Available Senators Forge Compromise on Drug Benefit Plan Spahr v. Secco Comparing the Democratic Candidates' Health Care Proposals Overreaching Housing Contracts by Jim Schuster Law Permitting Provider Liens on Medicaid Recipients' Recoveries Is Invalid Purchase of Life Estate in Daughter's Home Is Improper Transfer More Elderly Receiving Incorrect Prescriptions, Study Finds Private Annuity Held in Irrevocable Trust Triggers Transfer Penalty Depression in Nursing Home Residents Can Be Treated Houghton v. Keller In the Matter of the Estate of Schmitz All Settlement Proceeds Available to Satisfy Medicaid Lien Personal Representative's Claim to Joint Account Is No Conflict of Interest Guardian May Initiate Divorce Action on Ward's Behalf In re Estate of Reed Here's a Calculator for the Leading Prescription Drug Proposals Signature on Form Is Not an Application for Medicaid Benefits Attorney Not Responsible for Personal Representative's Delays Attorney Owes No Duty to Beneficiaries to Ascertain Testator's Capacity Senate Votes to Permit Reimportation of Drugs From Canada House Votes Overwhelmingly for Repeal of Estate Tax House, Senate Pass Medicare Bills Offering Drug Benefit CMS Issues Information on Medicare+Choice and Home Health Moore v. Anderson Zeigler Cohen v. Cohen Study Finds Racial Differences in Which Patients Get Tubes Nursing Home May Impose Financial Liability on Guarantor Medicare Reform Bills Imperil Elderly, Writer Contends Attorney Committed Fraud on Court in Failing to Disclose Other Will SWA, Inc., v. Straka Dean v. Bentley Decision on Annuity Deferred Due to Failure to Take New Snapshot Judge Temporarily Blocks Indiana's Attempt to Alter Spend-Down Rules Merenda's Marketing Tips: Three Low-Cost Ideas for Elder Law Attorneys Texas Adopts Estate Recovery Law Probate Court Should Have Held Hearing on Guardianship Fees In re Estate of Waterman Medicare Bills Could Make It Tougher to Win Coverage Appeals Ward Has No Ongoing Right to Counsel Guardianship of Hocker Thompson v. Goetzmann, et al. Medicare Secondary Payer Statute Excludes Right of Action Against Tortfeasors 'Do Not Call Registry' Can Help Reduce Telemarketing Calls Moriarty v. Bradt Beneficiary Has No Testamentary Expectancy Under Earlier Will Report Criticizes Lax Oversight of Medicaid Waiver Programs Uninsured Paying Nearly Double What Feds Pay for Drugs Medicaid Lien Against Inadequate Recovery Must Be Paid in Full Nursing Home Guilty of Neglect in Failing to Redirect Eloping Resident River Oaks Health Care Center v. State of Minnesota Financial Abuse of the Elderly: A Growing Threat Help for Those Who Cannot Afford Their Medications Advocacy Group Warns of 'Hidden Changes' in Medicare SNT's Room and Board Payments to Parents Reduce SSI Benefits Prescription Cap for Medicaid Waiver Recipients May Violate ADA Medicaid Asset Transfers Are Debated in USA Today In re Trust Created by Martin Bank Not Liable for Putting Trust Assets in Fixed-Income Investments Hearing Officer Rules Annuity Is Transfer for Fair Market Value In the Matter of the Appeal of Carol Radley Life Estate Was Transferred Upon Sale of Condominium by Trust Court Requires Medicaid to Sign Off on SNT's Tuition Payments Injunction Halts Indiana's Attempt to Change Spend-Down Rules Danger of Foreclosure Does Not Entitle Community Spouse to Extra Income Basic Estate Planning for Everyone New Estate Planning Trend: 'Ethical Wills' Wall Street Journal Recommends ElderLawAnswers Survey Finds Rich Are Not Engaging in Medicaid Planning Nursing Home's Admission Clause Compelling Arbitration Is Enforceable Hargrove v. Commissioner of Social Services Thompson v. Barnhart Consolidated Resources Healthcare Fund I, Ltd. v. Fenelus Virginia Department of Social Services Couple's Will Is a Contract Will That the Surviving Wife Cannot Revoke Study Supports Expansion of Long-Term Care 'Partnership' Programs Executor Cannot Charge Estate for Legal Costs of Fee Dispute In Re the Estate of Loflin v. Emery In Re Andrews' Appeal From Probate 'Gray Divorces' Becoming More Common and Acceptable Husband (Still) Has No Claim to Deceased Wife's Trust Assets New CMS 'Distinct Part' Definition May Force Nursing Bed Transfers Bush Plans Another Cut in Medicare Payments to Doctors Merenda's Marketing Tip: Delay Gratification New Mexico's Waiting List for Waivers Violates Medicaid Act Bongaards v. Millen In re Application of Turner v. Salzman 140,000 Will Lose Medicare Benefit Unless Congress Acts Adult Beneficiary Adopted After Will's Execution Is Not Pretermitted Ozuna v. Wells Fargo Bank Living Will Enforceable Only By Clear and Convincing Evidence Guardian Is Not Responsible for Accountant's and GAL's Fees Probate in Florida Beneficiaries Have No Claim on P.O.D. Accounts Liquidated by Guardian Medicaid Applicant's Trust Funds Not Available to Pay for Care Assisted Living Facility's Failure to Provide Care Did Not Breach Contract Man Who Isolated and Married Demented Woman May Share in Her Estate Couple's Claim Against Estate for Care Is Dismissed Medicare Tries to Put Brakes on Power Wheelchair Sales AARP Designs New LTC Insurance Product for Boomers Study Suggests Medicare's Outlook May Be Better Than Feared Retirees Could Lose Drug Coverage If Medicare Bill Passes Inventory Should Have Included Informally Distributed Property Economist Says Elderly Will Be Main Victims of Bush Tax Cuts Fewer Seniors Are Leaving Inheritances Case Highlights the Dangers of Using Preprinted Wills Nursing Home Arbitration Provision Is Not Unconscionable Executor Must Acknowledge Advancement Against His Inheritance Daughter Liable to Nursing Home on Support Claim Rule Allows Unskilled Workers to Feed Nursing Home Patients It's Getting Harder for Connecticut Seniors to Protect that Nest Egg NAIC Issues Model Rule on Annuity Sales to Seniors Nation's Elderly Have Poor Dental Coverage, Study Finds Every State Has Cut Its Medicaid Program; More Cuts on Way Proposed Ward Need Not Pay Costs of Failed Guardianship Petition Probate Court Should Have Held Hearing on Guardianship Application Second Marriage Prenuptial Agreement Invalid Because of Duress Judge Upholds Outpatient Therapy Cap for Medicare Recipients Contract's Arbitration Provision Unenforceable Due to Capacity Challenge Testamentary Clause Restricting Sale Amount Should Be Honored Termination of Conservatorship Is Upheld Report Examines Problem of Incapacitated and 'Unbefriended' Elderly Agent Who Changed POD Accounts Engaged in Self-Dealing Son Convicted of Felony in 1973 May Not Serve As Executor Conservatorship Payments for Household Expenses Were Not Compensation Average Monthly Cost of an Assisted Living Facility Rises to $2,379 Supporting Aging Parents: A Case Study EstateWise - Life Planning - Part 2 - Durable Power of Attorney EstateWise - Life Planning Tips Court Should Have Chosen Disinterested Party As Guardian In the Matter of Shatzka (N.D., No. 20030047, Sept. 23, 2003). In Re Estate of Hollett (N.H., No. 2002-346, Sept. 26, 2003). In the Matter of McClintock (Ohio Ct. App., 7th, No. 03-HA-548, Sept. 24, 2003). Unpublished decision. Medicare Part B Premium Will Climb to $66.60 in 2004 Social Security Benefits to Increase 2.1 Percent Husband's Death Means Penalty Period Cannot Be Apportioned IRS Clarifies Distribution Rules on IRAs Left to Heirs in Trust Attorney's Negligence Caused Loss to Wife's Estate Universal Health Coverage Preferable to Low Taxes, Poll Finds Crosby v. Luehrs (Neb., No. S-02-951, Oct. 3, 2003). In Re Conservatorship of Hanson (Neb. Ct. App., No. A-02-1241, Oct. 14, 2003) In Re Estate of Muldrow (Ill. App. Ct., 1st, No. 1-02-1825, Oct. 10, 2003) In the Matter of Simmons (Ohio Ct. App., 6th, WD-02-039, Oct. 10, 2003) (unpublished decision) Massachusetts Seeks Waiver of Asset-Transfer Rules Viatical Settlement Contract Is a 'Security' Beneficiary Has No Claim Against Firm That Helped With Guardianship Application Claim for Future Medical Expenses Assigned to State Minn. High Court Lets Stand Ruling on Future Medical Expenses New York Court Exceeded Its Authority in Reducing Medicaid Lien Home Health Agency Quality Data Now Available Nationwide ALF Cannot Take Refuge Behind Family's Failure to Hire Nurse Medicaid Directors Ask CMS for Help in Closing Annuity 'Loophole' Administration Cuts Medicare Physician Fees While Overpaying Private Plans Judgment Against Hospital Not Reduced by Amount Paid by Medicare NIH Launches Health Site for Older Adults Velilla v. VIP Care Pavilion Ltd. (Fla. Dist. Ct. App., 4th, No. 4D02-2162, Oct. 22, 2003) Rose v. Via Christi Health System, Inc. (Kan., No. 88,434, Oct. 31, 2003) Taylor v. Holt (Tenn. Ct. App., No. E2003-00901-COA-R3-CV, Oct. 31, 2003) Estate Tax Opponents Appear Willing to Compromise Office of the Secretary of Family and Social Services General Transfer to Flawed Trust Triggered Running of Statute of Limitations Computer-Generated Signature on Will Meets Execution Requirements Charitable Bequest to Israel Is Not Exempt From Inheritance Tax The New Medicare Proposal: Trojan Horse or Help to Seniors? Holder of Life Estate Properly Evicted Caretaker Daughter Nursing Home Resident Is Not Automatically a 'Dependent Adult' Connecticut Recovering Drug Costs From Elderly Estates How Much Will the Proposed Medicare Drug Benefit Save You? CMS Issues Final Rules on Medicare Coverage Appeals Planning for the Unexpected Iowa's High Court Approves Transfers Despite Confidential Relationship Directions POD Accounts Set Up by Ward for Guardian Are Returned to Estate Colorado Elder Law Attorney Committed Consumer Fraud Mosher v. Dept. of Inspections (Iowa, No. 91/02-1115, Nov. 13, 2003) Skoog v. Cody (Tex. Ct. App., 2nd, No. 2-02-212-CV, Nov. 6, 2003) In Re Estate of Breslow (Neb., No. S-02-858, Nov. 7, 2003) In the Matter of the Estate of Steward (Kan. Ct. App., No. 90,209, Nov. 26, 2003) Law Firm Violated Debt Act in Collecting on Nursing Facility's Financial Guarantee Medicare Beneficiaries Underwhelmed By New Drug Benefit Trust Not Liable for Loans Secured With Its Property The New Medicare Bill: Winners and Losers Consumer-Directed Medicaid Home Care Shows Promise Arizona May Not Compromise Federal Portion of Medicaid Lien For Better or Worse, New Medicare Bill Set to Become Law IRS Issues Long-Term Care Premium Deductibility Limits for 2004 Medicare Surprise: Law Bars Medigap Coverage for Drugs Jointly Owned Property Goes to Heirs of First to Die Advocacy Groups Consider Litigating Feeding Assistant Rule Bush's Medicare/Medicaid Czar Stepping Into Open Arms of Private Sector Bush Rule Makes Medicare Drug Card Savings Less Likely Daughter Lacking POA Properly Gifted Mom's Property to Avoid Recovery Attorney Was Negligent for Failing to Advise of Right to Disclaim Consumer Groups Sue Over New Medical Privacy Rules Most Americans Uneasy With Profit Motive in Long-Term Care Hedrick v. Mosser (W. Va., No. 31268, Nov. 24, 2003) Sims v. Hall (S.C. Ct. App., No. 3703, Dec. 8, 2003) Estate of Higgins v. Washington Mutual Fire Ins. Co. (Pa. Super. Ct., No. 230 WDA 2003, Dec. 8, 2003) Fire Insurer Denies Coverage Despite Estate's Renewal of Policy 'Promise' to Care for Grandmother Does Not Hold Up in Court Thompson v. Hensley (Tenn. Ct. App., No. E2003 ā€“ 00456 - COA-R3-CV, Nov. 12, 2003). Discharged Attorneys in Contingent-Fee Estate Case May Recover Fees HHS Issues Rules on Medicare Drug Discount Cards Witnessing of Self-Proved Will Cannot Be Questioned Interim CMS Administrator Named; Scully Joins Law Firm "Promise to Care" for Contracts Court Declines to Rescind Conveyance Procured by Fraud Help Fill Empty Tummies With Warm Soup This Winter Judge Says Michigan's Nursing Home Bed Fee Is Illegal Tax SNT Assets Are Countable Because Funding Is Discretionary Planners Advise Affluent to Hang on At Least Until Jan. 1 Attorney May Collect Fees Despite Losing Incapacity Appeal Heirs Unable to Show That Lien Would Cause Undue Hardship Estate of Higgins v. Washington Mutual Fire Ins. Co. (Pa. Super. Ct., No. 230 WDA 2003, Dec. 8, 2003) Salmon v. Atkinson (Ark., No. 03-535, Dec. 11, 2003) Scattaretico v. Puglisi (Mass. App. Ct., No. 02-P-313, Dec. 4, 2003) In Re Guardianship of King (Fla. Dist. Ct. App., 2d, No. 2D03-1901, Dec. 17, 2003) Attorney for Proposed Ward Failed to Represent Client's Interests Son Who Treated Mom's Bedsores Nutritionally Is Guilty of a Felony The Basic Rules of Nursing Home Medicaid Eligibility in Georgia 20 Medicaid Myths Medicaid Spousal Impoverishment Figures for 2003 Released 2003 Medicaid and Medicare Changes Admission Agreement's Dispute Resolution Provisions Are Unenforceable Client Service Questionnaire Study Finds Nursing Home Care of Dying Is Deficient Two AARP Policy Reports Evaluate Consumer-Directed Home Care U.S. Health Care's High Price Tag Is Not Buying Best Care Elderly Driver Faces Manslaughter in Farmers Market Deaths Life Expectancy to Surpass 100 By 2300, UN Report Predicts Hotline to Aid Disabled Air Travelers Is Still Underused Order to Attorney/Guardian to Refund Payments Requires Proper Notice Changes to SSI Income and Resource Rules Proposed Landmark Settlement Calls for Disabled to be Integrated into Community Son-in-Law's Share of Florida Home Entitled to Creditor Protection Survey Finds Retiree Health Benefits Continue to Erode Trusts May Not Be Reformed to Minimize GST Taxes Conservator May Sell Home Occupied by Disabled Caretaker Child to Pay for Ward's Care Court Used Wrong Standard in Judging Capacity to Elect Against Will Social Security Is Funding Tax Cuts for the Rich, Book Charges Bush Tries to Revive Medicare HMOs With Cash Infusion Beneficiary Designation on Life Insurance Policy Is Not Defective Presswood v. State (Tex. Ct. App., 11th, No. 11-02-00316-CR, Dec. 11, 2003) Raiteri v. NHC Healthcare (Tenn. Ct. App., No. E2003-00068-COA-R9-CV, Dec. 30, 2003) Davis v. Department of Health and Human Services, No. C 00-02532 SBA (N.D. Cal. Dec. 18, 2001) Merkle v. Guardianship of Jacoby (Fla. Dist. Ct. App., 2nd, No. 2D02-2748, Dec. 24, 2003). Warburton v. McKean (Fla. Dist. Ct. App., 4th, No. 4D03-1954, Jan. 7, 2004) Traeger v. Credit First National Association (Fla. Dist. Ct. App., 5th, No. 5D03-1759, Jan. 9, 2004) Fiduciary Trust Company v. Gow (Mass., SJC-09032, Jan. 12, 2004). Democrats Begin Effort to Revise New Medicare Law Medicaid Applicants Entitled to Refund From Nursing Facility Once Eligibility Is Established Nursing Home Resident's 'Half a Loaf' Strategy Is Not Fraudulent Conveyance Were Bush Officials Untruthful About Medicare Law's Costs? Feds Upgrade Measures for Comparing Nursing Homes FDIC Simplifies Insurance Rules for Living Trust Accounts Unpaid Liability Insurance Proceeds Are Not an Available Asset Medi-Cal Update: Home Transfer Rules Are Up in the Air Will Executed by Ward Is Valid Daughter Who Signed Home Health Contract for Father Is Not Liable for Payment Changes to Federal Medicaid Program May Be Put on Hold Nursing Home Barred From Contacting Physicians of Deceased Resident CCRC Provision Prohibiting Medicaid Spend Down Is Unenforceable How to Protect the Home Study Finds Wrong Drugs Frequently Prescribed to Elderly U.S. Appeals Court Affirms That Annuity Trusts Are Countable Handy Summary of LTC Insurance Tax Benefits AARP Assesses the Quality of Life for 50+ America CBS Pulls Controversial Bush Medicare Ad Bequest of Land Is Trumped By Testator's Incomplete Sale Nursing Home Arbitration Clause Signed By Agent Is Enforceable Report Describes Use of Medicaid to Cover Elderly in Residential Care Beware of Medicare Drug Discount Card Fraud Bush Names FDA Chief to Take Over at CMS Bush Names FDA Chief to Run Medicare/Medicaid Agency Will Serves as Life Insurance Beneficiary Designation Toler v. Murray (Ala., Nos. 1021956, 1021957, Jan. 30, 2004) Associated Services of Accountable Professionals v. Workman (Ga. Ct. App., No. A03A1993, Jan. 30, 2004) Knittel v. Beverly Health and Rehabilitation Services, Inc. (Fla. Dist. Ct. App., 2d, No. 2D02-5541, Jan. 28, 2004) Mother Who Transferred Assets May Not Be Entitled to Their Return Wall Street Journal Articles Highlight ElderLawAnswers Attorneys Report Sees Mixed Outlook for Baby Boomers in Retirement Senators May Stall McClellan's Confirmation as Medicare Chief Groups Decry Taxpayer-Funded Bush Ad on Medicare Law New Medicare Law Is Bad Medicine for Bush Popularity Medicare Home Health Beneficiaries Gain Important Victory Accounting Site Taps ElderLawAnswers for Stardom Court Looks to Will to Decide Distribution of A/B Trust Assets Tax Court Rules on CCRC Residents' Allowable Medical Deductions Bush Assist With LTC Costs Is Tax Cut for Rich, Group Says Economist Says Social Security Is in No Need of Rescue Hundreds of Thousands Scammed by Bogus Health Insurers The Best Way to Purchase Home Care: Industry Response U.S. Is Starting to Lose Jobs Because of Health Care System Cancer Doctors Claim New Medicare Law May Devastate Care Paper Explodes Myth That Medicare Therapy Requires 'Improvement' Senate Confirms McClellan to Run Medicare/Medicaid Agency Bush Medicare Ads Are Misleading But Not Illegal, GAO Says Should the President's Tax Cuts Be Made Permanent? Assisted Living Facility Owner Not Responsible for Residents' Public Conduct Suit Claiming Mother Lacked Capacity to Execute Deed Is Not Frivolous Wisconsin Now Disallowing Annuities Study Ranks Best and Worst Cities for Nursing Home Care Couple Charged With Elder Abuse in Mom's Starvation Death Court May Award Attorney Fees to Beneficiary Who Sued Trustees More and More Women Likely to Retire With Female Friends Senate Publication Helps Elderly Avoid Tax Overpayment In Re Estate of Pickett v. Johnson (Miss. Ct. App., No. 2002-CA-01748-COA, Feb. 3, 2004) Friar v. Friar (Ga. Ct. App., No. A03A2329, Feb. 18, 2004) Settlement Monies in Escrow May Be Used to Satisfy Lien Medicare's Wheelchair Policy 'Imprisons' Disabled: Study Merenda's Marketing Tip: Unplug the Phone Answering System New Forecast Has Medicare Going 'Broke' By 2019 New York ELA Member Defends Medicaid Eligibility Rules 10 Things Your Home Health-Care Agency May Not Tell You Internet Usage By Elderly Has Jumped 47 Percent Since 2000 Trust Permitting Loans to 'Grantor's Estate' Is Not an Available Asset Take Our Survey, Please! Debt Woes of Elderly Are Skyrocketing, Report Finds Gift to Pre-Deceased Beneficiary Vested Upon Trust's Creation IRS's Older Americans' Tax Guide May Help at Tax Crunch IRS Rules on Exclusion for Sale of Home Revised Survey Finds Unwarranted Optimism About Retirement FAQ-Powers of Attorney Is It Time To Give Up Driving? Hiring Help At Home Savings Bonds - It may be time to cash in What Every Executor Should Know Incompetent Patients Owe No Duty of Care to Paid Caregivers Lead Attorney Comments on Nevada High Court's Lien Ruling Judge Rules Health Providers May Share Medical Information Massachusetts Legislature Delays Expanded Estate Recovery The Deductibility of Long-Term Care Insurance Premiums Study Finds That Providing Care Is a Second Job for Many Decision Highlights Value of Affirmative Defenses Against NH Evictions Last Estate Recovery Holdouts Coming Out With Hands Up Delbert L. v. Commissioner of Internal Revenue (T.C., No. 448-02, Feb. 19, 2004) Doster v. Bates (Ga. Ct. App., A03A2302, March 10, 2004) Niazi v. Commonwealth of Virginia (Va. Ct. App., No. 2283-02-2, March 9, 2004). (unpublished opinion) Baldwin v. Branch (Ala., No. 1011214, March 5, 2004). Hughes v. Cafferty (Utah, No. 20020518, March 12, 2004) Update in Upcoming Changes in Medi-Cal Rules Resistance Hero's Inter Vivos Gifts Adeemed Testamentary Bequest Assisted Living Facility Probe Reveals Inadequate Medical Care State Avoids Sharing Attorney Fees By Collecting on Medicaid Lien Itself Florida Seeking CMS Approval of Medicaid "Super Waiver" Court Erred in Admitting Emergency Call List in Guardianship Dispute Couple Makes Basic Planning Error and Loses Life Savings Steps to Take After the Death of a Loved One Estate Planning Attorney May Have Shortchanged Beneficiaries All About the New Medicare Drug Discount Cards Life Tenant May Not Compel Partition Against Remaindermen Medicare Discount Card Update: Prices Vary, Confusion Reigns Turn On the PR Machine for Your Firm Employers May Cut Health Benefits When Retirees Reach 65 The Cost of Nursing Homes, State-by-State Average Annual Cost of Nursing Home Care Rises to $57,700 Opportunity for Undue Influence Does Not Show Exercise of It Texas Crafts Restrained Estate Recovery Rules The Elderly Driver-- Multidisciplinary Perspectives The Greater Asset Protection Special Needs Trust (SNT) Law Firm Called to Account for Absence of Crummey Clause in Trust Elderly Renters Are Facing an Epidemic of Evictions Millions of Elderly Could Use Their Home to Stay at Home Connecticut, Too, Is Playing Block Grants With CMS Brokerage Account Is Safe From Creditor of Joint Owner Medicaid Drug Coverage May Suffer Under New Medicare Law Millions of Elderly Could Use Their Home to Stay at Home Does Your Estate Plan Include Your Pets? Implementing Your One-Page Business Plan Disability Rights: A Liberation Movement for All People Connecting with the Client and Prospective Client Through Communication Wife's Elective Share Is Half of Estate at Time of Distribution, Not Death Aspirational Goals for Elder Law Attorneys SNT Is Countable in Determining Eligibility for State Supplemental Support Cost-Cutting Move in Texas Endangers Welfare of Poor Elderly CBO Paper Examines Long-Term Care Financing HHS Announces New Poverty Guidelines CMS Takes Position on State Medicaid Practices in Ohio Letter Lawmakers File Suit to Get Medicare Law's Real Cost Figures Expanded Estate Recovery has been Delayed...Confusion Remains Look Like an Expert to Your Clients: Two Practice Tips Attorney-Client Confidentiality Decision Issued by Mass Bar Ethics Committee Bill Proposed to Help Elders Hurt by Recent MassHealth Changes Romney MassHealth Proposals Consumer Letters Romney Breaks Deal With Seniors Court Will Not Reward Party With "Unclean" Hands Suit Brought Against Attorney General and DMA Alleging Income First Rule Violates Federal Law ElderLawAnswers Prospectus Appeals Court Holds Personal Representative May Be Held Liable for Misuse of Patient's Assets DMA Files Waiver Request Massachusetts Appeals Court Interprets Intestacy Law Massachusetts and Federal Estate Taxes Is Medicaid Planning Ethical? What Are The Anti-Psychotic Medications in Massachusetts? Court Rules Medicaid Transfer Not Fraudulent Conveyance In Saving for Retirement, Taxes Matter Overview of Veteran Benefits Spendthrift Trust May Be Modified But Not Terminated Merenda's Marketing Tip: Don't Be 'Outcome Oriented' in Your Sales Pitches Bush Medicare Videos Violate Federal Law, Agency Rules Can SCO's Deliver Coordinated Health Care? States Are Using "Creative Accounting" to Fill the Medicaid Reimbursement Gap, But Is It Legal? Documents Don't Support Use of Feeding Assistants in Nursing Homes Helping Low-Income Clients Tap Into Medicare Benefits Ward's Creditors May Not Reach Assets in Her Trust Lawmakers in Two New England States Scotch Efforts to Block-Grant Medicaid It's Never Too Late to Slash Nursing Home Costs Why Should You Consult An Elder Law Attorney on Medi-Cal Issues? Estate Planning Mother's Guardian Blocks Sons' Access to Jointly-Titled CDs Philadelphia ELA Member Speaks Out on CEO Compensation What will Seniors Get with the New Medicare Prescription Drug Discount Card? USA Today Probes Troubles at Assisted Living Facilities Elder Law Issues - May 2004 Elder Law Issues - June 2004 Elder Law and Estate Planning Newsletter -- Spring, 2002 Elder Law and Estate Planning Newsletter -- Fall, 2001 Elder Law and Estate Planning Newsletter -- Summer 2003 Medicare Beneficiaries Start Using Drug Discount Cards How the Medicare Discount Card Relates to Medicaid Spend-Down GAL Mischaracterized Her Role to the Jury at Incapacity Trial Rajcan v. Donald Garvey and Associates (Ill. App. Ct., 2d, No. 2-03-0270, April 5, 2004) Claim Against Attorneys for Failing to Create SNT May Go Forward Asset Transfers a Small Fraction of Medicaid Totals, Study Estimates Georgia Practitioners Racing to Create Miller Trusts Medicare's Hospice Benefit: Little Known, Little Used Medicare to Cover PET Scans to Diagnose Alzheimer's Living Wills Don't Work, Study Concludes Long-Term Care Insurer Refuses to Deliver on 10-year-old Policy Tightening Its Medicaid Eligibility Rules Backfires on Washington State The New Medicare Law: Claims and Realities NAELA Members Encouraged to "Join the PAC Attack" Study Finds "Two-Tiered" System of Nursing Homes Preliminary Results From Our DPA Survey YIVO Institute for Jewish Research v. Zaleski (Md. Ct. Spec. App., No. 966, April 19, 2004). In Re Henderson (Tex. Ct. App., 10th, No. 10-02-00088-CV, April 7, 2004) Cave v. O'Bryan (Ky. Ct. App., No. 2002-CA-002601-MR, April 23, 2004) Maitland v. Allen (Va., No. 031224, April 23, 2004) Holland v. Holland (Ga., No. SO4A0382, April 27, 2004) Sorkowitz v. Lakritz, Wissbrun & Associates (Mich. Ct. App., No. 242016, April 27, 2004) Deutsch v. Johnson (Pa. No. J-126-2003, April 29, 2004) Frater v. Paris (Md. Ct. Spec. App., No. 0775, May 3, 2004) Parkhurst v. Wilson-Coker (Conn. App. Ct., No. AC 24117, May 11, 2004) In the Matter of Estate of Somers (Kan., No. 90,005, 90,566, May 14, 2004) In re Guardianship of Gneiser (Fla. Dist. Ct. App., 2d, No. 2D03-1507, May 26, 2004) Family Services of Barron Cty. v. Paul W. (Wisc. Ct. App., No. 04-0361-FT, May 25, 2004) In re Guardianship of Stamm v. Crowley (Wash. Ct. App., Div. 1, No. 50836-9-I, June 1, 2004) In re Walters Family Trust (Wis. Ct. App., No. 03-1965, June 3, 2004) Erringer v. Thompson (9th Cir., No. 03-16408, June 10, 2004) CA Hearsay Exception for Statements by Elderly or Dependent Adults Is Unconstitutional In-Person License Renewal Can Save Elderly Lives: Study Joint Tenant Has Right to Unilaterally Terminate Joint Tenancy Medicare Announces Lottery for Pilot Drug Coverage Program Wife's Payments to Herself As Conservator Must Be Returned to Husband's Estate GOP Governors Seeking 'Super Waivers' to Change Medicaid ELA Member Drafts Bill Strengthening Grandparents' Rights Institutionalized Spouse Gets Deduction for Payment of Alimony Irrevocable SNT Is Revocable Because Remaindermen Not Named W. Va. Loses Latest Round in Effort to Block Estate Recovery Alzheimer's Research Bill Introduced in Reagan's Honor Nursing Home Not Liable for Giving Worker Good Recommendation Maintaining Momentum with TimeMatters State's Residency Requirement for Guardianships Violates Ward's Right to Travel Low-Income Drug Card Credit Should Not Affect Medicaid Eligibility New Medicare Law's Changes to MSP Apply Retroactively Eldercare Duties Strain Careers, Marriages, Study Shows Q & A Health Care Power of Attorney FAQ-Annuities MassHealth Treatment of Annuities Variable Annuities: How Good a Deal? Probate Is Not A Four Letter Word Q & A Durable Power of Attorney Florida Power of Attorney Elder Law News - Spring 2002 Managing Assets Under a Durable Power of Attorney Long Term Care: Helping Our Parents EstateWise - Life Planning - Part 1 - Durable Power of Attorney for Health Care Planning and Settlement Options for Disabled Plaintiffs Disability Benefits & Estate Plans Elder Law Issues - April 2004 Elder Law Issues - March 2004 The Life Care Plan: A Healthcare-Focused Approach to The Elder Law Practice Section 529 Plans Estate Planning Glossary - Useful Legal Terms Estate and Life Planning for Non-Traditional Families Is A Will All You Need? Seven Steps To Review Your Estate Plan Guardianship in Washington State New York Elder Law Attorney Receives Five-Year Suspension Senator Charges Nursing Home Inspection System Is 'Corrupted' Legislative Effort to Delay MassHealth Expanded Estate Recovery is Missing the Target DMA to use Fair Market Value for Estate Recovery Claims Guardianship in Florida When is a Guardianship needed? Guardianship Facts Elder Law News - Fall 2002 MEDICAID MYTHS: A Grain of Truth Medicaid and Nursing Home Costs FAQ-Long Term Care Insurance Long Term Care: Challenges & Concerns Medicaid Payback Trusts A Primer on Florida Medicaid Third Party Trusts and Medicaid FAQ-Medicaid Planning for Long -Term Care Stark County Dept. of Jobs & Family Services Nixes Aggressive Gifting FAQ-Advance Directives Nursing Home Admission Agreements Nursing Home Residents' Rights - Advice for your Patients Medicaid Drug Coverage May Suffer Under New Medicare Law Transferring Assets to Your Trust - Funding Instructions Estate Plans and Divorce Massachusetts May Recover From Estates of Former Smokers The Top Eight Mistakes People Make with Medicaid Qualification Important Facts About Medicaid: Protections for the Healthy Spouse Important Facts About Medicaid: Is Transferring Assets Against the Law? Important Facts About Medicaid: The Transfer Penalty Important Facts About Medicaid: Exceptions to the Transfer Penalty Important Facts About Medicaid: Introduction CMS Says States May Require Early Redemption of Savings Bonds Senators Call for More Transparent Medicaid Waiver Process Florida Statutes: Social and Economic Assistance Florida Statutes, Powers of Attorney and Similar Instruments Florida Statutes, Trust Administration Florida Statutes, Estates and Trusts Florida Statutes, Probate Code: Administration of Estates Florida Administrative Code Florida's Agency for Health Care Administration The Book on Pennsylvania Medicaid Arndts v. Bonner (Tenn. Ct. App., No. E2003-02257-COA-R3-CV, July 7, 2004) Will Created Using Software Backfires on Amateur Preparer California Conservator Screening Health Care Benefits NAELA in a Nutshell Health Savings Accounts of Little Use to Near-Retirees: Study GAO Issues Report on Guardianship System at Senate Hearing Medicare May Begin Covering Obesity Treatments Will the Medicare Drug Benefit Reduce Social Security Checks? GOP Leadership Likely to Bottle-Up Drug Re-Importation Bill Massachusetts Lawmakers Retreat From Estate Recovery Expansion Early Study Finds Medicare Drug Cards Delivering Some Savings Public Long-Term Care Benefits: A Patchwork Quilt of Programs The Graying of Massachusetts: Are Bay State Baby-Boomers Prepared for Retirement? Letter To CMS Expressing Concerns Over Medicaid Waiver Would-Be Caregiver Not Entitled to Property Left to Her in Will NSCLC Sues Over Weakened Nursing Standards for 'Feeding Assistants' Tapping Your Clients Hopes -- A Wellspring for Practice Success Q&A Revocable Living Trust Medicaid May Recover Erroneous Payments Made Prior to Termination Notice Increasing Risk for Eviction as Senior Age Ten Significant Changes in the Governor's Executive Order Regarding Notaries Caring Grandfather Denied Visitation Rights NYPD and Apartment Management Blameless in Death of Wandering Resident Meet Joseph Buxton and Virginia Brown Law Article Supports Use of 'Granny Cams' in Nursing Homes Bush Chemotherapy Cut May Drive Medicare Patients to Hospitals Caregiver Depression Persists After Nursing Home Moves No Claim Against State for Alleged Negligent Screening of NH Patient Basics of Medicaid KY High Court Rules Guardian May Order Withdrawal of Life Support Medicaid-Asset Limits Planning Strategies Planning for Incapacity Bush Official Illegally Concealed True Cost of Medicare Law Suit Filed in Georgia for Those Unable to Set Up Miller Trusts Many Attorneys Have Had Problems With Financial Institutions Accepting DPAs WHY DO I NEED AN ADVANCE HEALTH CARE DIRECTIVE? Georgia Manual Change Appears to Prevent Applicant-Spouse Transfers of Home Kansas Legislature Web Site - Statutes Non-Service Related VA Pension Benefits Kansas Expands Estate Recovery Pre-Need Funeral Contracts Increased CSRA Brief Gambling May Be a Healthy Bet for the Elderly, Study Suggests CMS Says Post-Eligibility Transfers May Be Subject to Penalty Kaufman v. Richmond (Mass., SJC-09198, July 20, 2004) Albright v. Button (Tenn. Ct. App., No. E2003-01591-COA-R3-CV, July 20, 2004) Nededog v. Colorado Dept. of Health Care Policy (Colo. Ct. App., No. 03CA1005) Woods v. Commonwealth (Ky., No. 1999-SC-0773-DG, Aug. 26, 2004) Medicare Adds Drug Price Comparison Tool Medicare Premium to Rise Record 17 Percent in 2005 Sixth Circuit Reinstates Jury Verdict for False Estate Tax Assurances New York Times Denounces Bush's Social Security Scheme Medicare Premium, Deductible Changes for 2005 Entire Annuity Death Benefit Is Subject to Inheritance Tax Experts Urge Protection of Voting Rights in Nursing Homes How Much Long-Term Care Insurance Coverage Is Enough? Medicaid May Pay Off Old Nursing Home Bills, CMS Confirms Nursing Home Fails to Prove Contract Calling for Arbitration Comparing Bush and Kerry on Issues Important to the Elderly Study Finds High Rates of Dementia in Assisted Living Facilities What's Your Long-Term Care IQ? N.Y. Appeals Court Won't Question Hearing Officer's Evidentiary Decision Bequests to Out-of-Wedlock Son Lapsed Upon His Death LIFE EXPECTANCY TABLE - MALES LIFE EXPECTANCY TABLE - FEMALES GAO Says Plan to Transfer Medicare Appeals Is Inadequate Resident-on-Resident Violence in Nursing Homes Is Growing CDC Issues Recommendations in Light of Flu Vaccine Shortage Ohio Attorney Sounds Alarm on Post-Eligibility Transfers Attorneys Did Not Breach Duty in Seeking Guardianship for Client How to Make Living Wills More Enforceable In Re Conservatorship of Hanson (Neb. No. S-02-1241, June 25, 2004). Calming the HIPAA Hysteria The Top 10 Investment Scams of 2004 How Long Will You Live? Four Life Expectancy Calculators Medicaid Update The New Income-First Rules Power of Attorney and Guardianships Guardianship Case Law Number of Uninsured Vets Has Skyrocketed Under Bush: Study Report Examines How the Elderly Boom Will Affect States Half of Seniors Risk Less Coverage As Result of Medicare Law Assets Transferred by Recipient's Spouse Are Subject to Medicaid Claim Average Cost of Nursing Home Room Tops $70,000 a Year Effort to Dismiss Medicaid Lien As Time Barred Fails Cost of Assisted Living Climbs to Average of $2,524 a Month High Court Seeks Brief in Wisconsin Medicaid Ā§1983 Case Massachusetts MassHealth Member Eligibility Regulations Nursing Home's Arbitration Agreement Is Found to Be Unconscionable Pennsylvania Files Suit to Stop Alleged Living Trust Scam N.H.'s Governor Proposes "Eliminating Entitlement" to Nursing Home Care MEDICARE DRUG DISCOUNT CARD Medicaid Income & Resource Allowances Elderly Driver Faces Trial in Farmers Market Deaths Karam v. Sagemark Consulting, Inc. (6th Cir., No. 03-1763, Sept. 10, 2004) Succession of Halligan (La. Ct. App., 1st, No. 2003 CA 1168, Sept. 17, 2004) Springhill Nursing Homes, Inc., v. McCurdy (Ala., Nos. 1022026, 1030006, Sept. 24, 2004) Faber v. Merrifield (N.Y. App. Div., 4th Dept., No. TP 04-00425, Oct. 1, 2004) In the Matter of Murphy (N.Y. App. Div., 4th Dept., No. CA 04-00810, Oct. 1, 2004) ELA Member Criticizes Texas Estate Recovery Proposal IMPORTANT ESTATE PLANNING DOCUMENTS SAVING FOR COLLEGE-529 PLANS Medicaid May Cover Care at Nursing Homes and Not ALFs Kutnick v. Fischer (Ohio Ct. App., No. 81851, October 7, 2004). unpublished decision Estate of Bergman (N.D., Nos. 20030356 and 20030357, Oct. 20, 2004) SELECTING FIDUCIARIES Promissory Note Is Not a Countable Resource Medicaid's Spousal Impoverishment Figures for 2005 Released WHAT TO DO IF YOUR LOVED ONE NEEDS A GUARDIAN Failure to Record Deed Results in Termination of Medicaid Benefits NEWSLETTER:ELDER LAW NEWS & NOTES FALL 2004 NUMBER 7 Statute of Limitations Does Not Apply to Estate Recovery Claim Medicaid Spousal Impoverishment Figures for 2004 Released Time Magazine Consults ElderLawAnswers Attorney New Medicare Drug Benefit Will Help Some More Than Others Social Security Benefits to Rise 2.7 Percent Toler v. Murray In the Matter of Simmons In Re Estate of Muldrow Divorce and the Elderly: Attorneys Seek State Practices Actuarial Soundness Does Not Equal Transfer for Fair Market Value Full text of opinion in Thompson v. Barnhart Oliver v. Feldner Scott v. Scott Ferguson v. Walsh Lewis v. New Mexico Department of Health One-Page Summary of LTC Insurance Benefits From CLTCC Padgett v. Toal Gruber v. Ohio Dept. of JOB McGuffey Health v. Gibson Free "Living Trust" Seminar Ferrugia v. New York State Dep't of Health Slovik v. Prime Healthcare Corp. State Dept. of Human Res. v. Harris Rachou v. Cornerstone Village Inc. Rodriguez v. Care with Dignity Health Care, Inc. Edgewater v. Youngren Hancock Bank v. Ensenat G.P. v. A.A.K. Number of Elderly 'Living in Sin' Doubled in 10 Years The Hardest Part of the Holidays Tax Shortfall Should Be Paid by Probate, Rather than Non-Probate, Estate Boomerang history New Bill Proposed Augmented Estate Medical Damage Award May Exceed Actual Medicare/Medicaid Payments S.C. High Court Interprets Meaning of 'Then-Living Grandchildren' in Will Medicare Drug Law Could Create Havoc in Nursing Homes Medicare Help Line Is Frequently Unhelpful, Study Finds Assisted Living Does Medicare Cover Ambulance Trips? HIPAA HIPAA Provisions in Estate Planning Documents (NJ) Drug Discount Card Open Enrollment Period Ends Dec. 31 To Retire Comfortably, Start Planning and Saving Inflation-Adjusted Tax Items of Interest for Tax Year 2005 Two High Courts Rule That Couples' Earlier Wills Were Contractual SNT Assets Passing to Beneficiary's Adult Disabled Child Are Exempt From Reimbursement Kansas High Court Says Jointly Held Stock Is an Available Resource Value of Retirement Accounts Not Reduced by Beneficiaries' Tax Liability Britney Spears Tix and Snowmobile Are Allowable SNT Disbursements Iowa High Court Rules Support Trust Is Part of Medicaid Recipient's Estate IRS Issues Long-Term Care Premium Deductibility Limits for 2005 New Deductibility Limits for Long-Term Care Insurance Released State Recovery of Medicaid Expenses Limited to Medical Costs Community Spouse's Past Lifestyle Does Not Justify Increased Support 'Tis The Season for Long Term Care Numbers Medicare Adds New Preventive Care Benefits in 2005 Law Firm Has Conflict in Representing Trust and Heir Search Service Duties of Caregivers, Planning for Death, and Tax Issues in Elder Planning Medicaid and Medicare Nursing Home Basics Medicaid - A Language All Its Own Attorney Sanctioned for Pursuing Undue Influence Claim The Uniform Trust Code and Supplemental Need Trusts Coming Generation of Elderly Likely to Flock to Internet Newspaper Did Not Defame Attorney in Saying He "Altered" Will Homeowners Insurance Proceeds Are Exempt From Estate Claims New Study Gauges Post-Retirement Income Needs Purchase of Back-Loaded Annuity Is Improper Transfer Dissatisfied Mother Cannot Take Back House Conveyed to Son Property Transfers Under POA Were Not for Consideration Attorney's Prior Representation of Ward Does Not Create Conflict Bush HHS Nominee Equivocates on Prospects for Medicaid Block Grants Detroit Paper Exposes 'Epidemic' of Starvation in Nursing Homes Estate Recovery Notice Requirement Does Not Apply N.J. Cannot Require That It Be Named As Medicaid Annuity's Beneficiary Final Medicare Drug Rules Issued; Advocates Still Troubled Assisted Living, Behind the Idyllic Brochure Pictures ElderLawAnswers Featured in SmartMoney.com Column Take Our Quick Survey on Social Security Privatization The Vacation Home: Keeping the Family Together or Tearing it Apart? Targets of Elder Abuse Action Cannot Sue for Malicious Prosecution N.J. Supreme Court Rules Son May Engage in Medicaid Planning on Mother's Behalf Dissatisfied Mother Cannot Take Back House She Gave to Son Omitted Spouse Is Not Entitled to Intestate Share The Vacation Home: Uniting the Family or Tearing It Apart? Bush's New Health Secretary Decries Medicaid Planning The Top 10 Elder Law Court Rulings for 2004 When the Diagnosis is Alzheimer's Corcoran v. Dept. of Social Services (Conn., SC 16955, Nov. 9, 2004) Connecticut High Court Rules Testamentary Trust Is Not an SNT Morris v. Morris (Ohio Ct. App., 2d, No. 2003-CA-94, Nov. 12, 2004). unpublished decision In the Matter of Daughrity (Tenn. Ct. App., No. M2003-02244-COA-R3-CV, Nov. 16, 2004) unpublished opinion State Has No Claim Against Estate of Wife Who Predeceased Medicaid Recipient State That Has Not Changed Its Estate Tax Law Cannot Make Estates Pay Evidence Supports Finding That Transfers Were to Qualify for Medicaid ELA President Takes on Medicaid Planning Critics on Radio Identifying Stroke Symptoms Could Prevent Lasting Damage Creating Law Office Systems State Fails to Prove Elder Exploitation Case Against Son Who Spent $847,000 Government Lifts Some SSI Eligibility Restrictions Clothing Gifts No Longer Count As Income Under New SSI Rules NH Resident Not Bound by Arbitration Clauses She Did Not Sign State Listed on Death Certificate Does Not Govern Joint Tenancy Accounts Deducting a Parent's Nursing Home Expenses Report Touts Use of Reverse Mortgages to Pay for Home Care Court Nixes Tort Plaintiff's Attempted End-Run Around Medicare Bank Should Have Invested Alien's Money to Avoid Estate Tax Mejia v. City of New York, 2004 WL 2884407 (S.D.N.Y.) CHOICES IN ORDERING DNRs LOW-INCOME HOUSING OPTIONS FOR SENIORS Wall Street Journal Editorializes Against Medicaid Planning Survey Shows Strong Disapproval of Social Security Privatization Bush's New Health Secretary Decries Medicaid Planning Gerontological Society Provides Information for Seniors and Caregivers Who's Got the Power? Is Keeping Half Really Good Enough? Home Safe Home ā€“ Or is it? Living Trusts ā€“ What's Your Fear Factor? The Death Tax ā€œRepealā€: Relief or IRS Trojan Horse? State May Place Medicaid Lien on Testamentary Trust Assets Pretermitted Spouse May Claim Elective Share Proposed Ward Responsible for Guardianship Proceeding Expenses The Special Challenges of Working With Elderly Chinese Clients Revocable Trust Is Now Irrevocable Due to Surviving Settlor's Incapacity WSJ Prints Reply to 'Medicaid for Millionaires' Editorial State Promotes Long-Term Care Insurance Medicaid Applicant Ineligible Because Son Cannot Prove Land Payments Administrator Who Breached Duty Is Shielded by Spendthrift Trust LTC Insurance Policies That Can Help You Qualify for Medicaid New Minimum Monthly Needs Allowance for Community Spouses President's 2006 Budget Would Change Medicaid Penalty Start Date Life Expectancy Rises, But So Does Parkinson's and Alzheimer's Housing Options for Low-Income Seniors Medicaid Spousal Impoverishment Figures for 2005 Released Guides Explain Medicare and Medicaid Coverage for the Disabled Medicaid Battle Heating Up Trust Attorney Suspended for Trading Client List for Cut of Insurance Commissions Attorney-Client Privilege Runs to POA's Holder, Not Its Grantor Medicaid Applicants Who Win Coverage Appeals Must Be Reimbursed Working With Seniors Senate Rejects Bush's Proposed Medicaid Cuts Organizing Tax Information Now Can Avoid Liability After Death Correction Practice Tip: How Marriage Affects an Adult Disabled Child's SS Eligibility Who Needs Lawyers? Miller Trust: Are You Trapped in the Gap? In the Matter of Strohe (Surr. Ct., Nassau Cty., No. 25103, March 16, 2005). N.Y. Court Rules on Proper Method of Valuing Life Tenant's Interest Remainder Interest in Trust Vested Despite Death Before Possession Report Finds Medicare in Far Worse Shape Than Social Security Medicaid Cuts Still a Possibility in House-Senate Compromise Help With Paying for Medicare Misleading Annuity Sales Pitch Targets Seniors Florida Candidate Tells Seniors How to Import Drugs From Canada Florida Case Pits Living Will Against Medical Power of Attorney AARP May Help Nursing Home Industry Block Lawsuits Alzheimer's Victim Jailed for Continuing to Drive Impending Change Has Georgians Racing to Set Up Trusts Georgia, Amid Criticism, Adopts Harsh Estate Recovery Rules Article Spotlights Abuses in the Guardianship System Boycott of Glaxo Urged for Its Efforts to Discourage Canadian Drug Sales Elderly Couple Sues Government Over Drug Import Ban Trust That Ends If Medicaid Is Denied Is Still an Asset Nursing Home Threatens to Ban Complaining Husband Court Rules on Whether IRAs May Be Counted by Medicaid Kentucky Nursing Home Residents Victims of Medicaid Cuts High Court Says HMO Networks Can Be Open to All Providers Legal Victory for Maine's Affordable Drug Plan Supreme Court Upholds Maine U.S. District Court Says People Under Guardianship Have Right to Vote ELA Member Confirms the Law on Key Medicaid Coverage Issue Retirement Community Cannot Forbid Medicaid Spend-Down Two Courts Say Medicaid Statute Is Enforceable Michigan ELA Attorneys Weigh in on Medicaid Estate Recovery Ex-Wife Able to Claim Former Husband's Estate Members of Religious Colony Worth Millions Sue for Medicaid Court Rules That Medicaid Liens on Homes May Be Lifted FDA Crackdown Puts Chill on Bus Trips to Canada to Buy Drugs Proposed Medicaid Cuts Threaten Oklahoma Nursing Home Residents Florence, Oregon, Is "Best Place to Retire" in U.S. Guardian Should Have Respected Couple W. Va. Governor Asks Drug Makers to Match Canadian Prices ElderLaw Case: Delaware High Court OKs Use of Annuities in Medicaid Planning Schiavo Case Is Tragic Reminder of Importance of Living Wills Conservator Effects Post-Death Annulment of Ward's Marriage Concern Mounts Over Drug Coverage for 'Dual Eligibles' Attorney Sanctioned for Filing 'Scandalous' Objection to Final Account State Medicaid Agency Waited Too Long to Present Claim Property Placed in Constructive Trust Is Available Resource Schiavo Case Underscored Uncertainties in End-of-Life Planning New Hampshire Takes First Step Toward Overhauling Medicaid New Hampshire Medicaid Overhaul Alive and Well AARP Prepares to Fight Medicaid Cuts ELA Members Eligible for Loislaw Subscription Discount ALJ Has Authority to Order Patient Readmitted to Nursing Home Attorney-Client Privilege Covers Communications Not Resulting in Will Execution State May Recover From Medicaid Recipient Wrongly Advised by Official California Advocates Sue to Block Medi-Cal Recovery Regulation Respite Services: Giving Caregivers a Break Two Wills Are As Good As None, Court Rules Fiduciaries Did Not Have the Right to Change Title on Property Medicaid Agency Cannot Inquire As to Purpose of Loan Made for FMV Passport: Ohio's Alternative to Nursing Home Care is Threatened by Budget Restrictions Lawmakers Inch Toward Compromise on Medicaid Budget Iowa S.C. Rules That Pre-OBRA Life Estate Is Subject to Medicaid Claim Agency Decision on Medicaid Lien Reduction May Not Be Appealed Another Double-Digit Medicare Premium Increase Expected Longer Statute of Limitations Applies After Death of Medicaid Patient Medicare Appeals Could Become More Difficult Congress Votes to Cut Medicaid by $10 Billion Starting in 2007 Be Prepared for Medicare Nursing Home Coverage to End Prematurely Medicaid Official's Misinformation Does Not Stop Estate Recovery Medicaid...Long Term Care for the Middle Class! The Magic of Medicaid Guardianship Fees Not Deductible From Recipient's Share of Medicaid Costs Radio Host's Girlfriend Could Recover in Quantum Meruit From His Estate Incapacitated Man May Not Elect Against Wife's Will Medicaid Update: Lawmakers Have Flexibility on Cuts; Leavitt to Appoint Commission Connecticut Withdraws Request for Waiver of Medicaid Transfer Rules Bonta v. Arnold (Cal. Ct. App., No. B172890, Dec. 22, 2004) Estate of DeMartino v. Division of Medicare Assistance and Health Services (N.J. Super. Ct. App. Div., No. A-2807-02T2, Nov. 10, 2004. test data Test Member submission Trust Beneficiaries' Tort Claims Against DPA Agent May Go Forward State Legislators Weighing End to Medicaid LTC Entitlement Christian Health Care of Springfield v. Little (Mo. Ct. App., Nos. 25852 and 25865, July 30, 2004) Seabrook Village v. Murphy (N.J. Super. Ct. App. Div., No. A-2853-02T5, July 21, 2004) Medicare Drug Plan Will Reduce Food Stamps for Some Elderly Berberian v. Lynn (N.J., No. A-71, Sept. Term 2002, April 6, 2004) Ruling on Facility Resident's Fall Points Up Dangers of Contractual Standards Report Explodes Myth That Medicaid Transfers Are a Problem Impartiality of New Medicaid Commission Is Questioned Connecticut Medicaid Waiver is Withdrawn A New Profession Fills a Need for Families Web Site Compares Cost of Living in Different Areas Web Tools To Help You Plan Resources to Help With End-of-Life Care Advice on Avoiding Predatory Lending Scams Help in Providing Care From a Distance Consumer Reports Site Compiles Nursing Home Watch List Internet Sites That Assist in the Quest for 'A Good Death' Ohio Income-First Case Has Been in Wrong Court All Along Court Affirms That Resistance Hero's Inter Vivos Gifts Adeemed Testamentary Bequest Indiana Estate Recovery Change Virginia Medicaid Explanation Indiana Expands Estate Recovery to Non-Recipient Spouses Changes to Indiana's Estate Recovery Statute Caregiving Affects Work and Life But Not Finances, Study Finds State Cannot Recover Medicaid Payments From Surviving Spouse's Estate Welcome to Our New Look Democrats Shun Medicaid Study Commission Democrats Refuse Participation in Medicaid Study Commission Court Decisions Apply Minimum Wage and Overtime Rules to Caregivers for the Statute of Limitations for Probating a Will Tolled for Active Servicemembers Novel Legal Tactic Employed in Elder Financial Abuse Prosecution YIVO Institute for Jewish Research v. Zaleski (Md. Crt. of App., No. 56, May 11, 2005) Hines v. Department of Public Aid (Ill. App. Ct., No. 3-04-0162, May 20, 2005) State v. Roper (Mo. Ct. of App., No. WD65494 and 64654, May 24, 2005) Blankfeld v. Richmond Health Care, Inc. (Fla. Dist. Ct. App., 4th, May 25, 2005) Nursing Home's Arbitration Requirement Is Against Public Policy Tennessee's Medicaid Disenrollment Procedures Are Legal Elder Law and Estate Planning Newsletter -- Summer 2003 Estate Does Not Have to Pay Lien on Car Devised to Son S.C. Medicaid Still Lacks Priority Claim on Insurance Proceeds S.C. Medicaid Lacks Priority Claim on Insurance Proceeds Court Orders Estate Reopened Ten Years After Probate Was Closed Medicare Appeals to Become Harder Under Bush Plan Republican Lawmakers Voice Concerns About Medicaid Study Commission Appellant's Brief in Matter of Sunrise Manor Ctr. for Nursing & Rehabilitation v Novello California Conservatorships ElderLawAnswers Adds Helpful Glossary Study Finds Inequities in the Medicare Drug Plan Asset Test Will the Long Arm of Medicare Mean an End to Employee Group Health Benefits? CMS Files Brief in TennCare Case NAELA Letter on Case Examples to Support Congressional Testimony NAELA Seeks Case Examples to Support Upcoming Congressional Testimony Medicaid's Balance-Billing Prohibition Invalidates Service Provider's Lien Non-Client Beneficiaries Under Will May Pursue Action Against Drafting Attorney CMS Letter Confirms That NHRA Applies to CCRCs Nursing Home Resident Never Opens Complaint Letter Nursing Facility Is Liable for Distress Damages Medi-Cal Laws for the Middle Class Prevent Spousal Impoverishment Due to Nursing Home Bills Annuities Suit Against Trustee of Florida Trust May Be Heard in Massachusetts Feds Approve Vermont Program Giving Medicaid Recipients Alternatives to Nursing Home Care Donor's Intent Doesn't Matter When Making Gift to UTMA Account ABA Study Questions Benefit of Estate Recovery Programs Termination Clause Renders Irrevocable Trust an Available Resource Conn. Cancels Request to Curtail Medicaid Asset Transfers Another Study Casts Doubt on the Need to Tighten Medicaid Transfer Laws NPR Series Focuses on Financial Abuse of the Elderly Governors Issue Tentative Proposals for Changing Medicaid