 April 16, 2007
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| News from Margolis & Associates |
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Mass. Supreme Judicial Court Forces Son to Arbitrate Against Nursing Home
 A recent Massachusetts Supreme Judicial Court (SJC) case determined that a son is obligated to arbitrate a dispute with a nursing home because he had signed a binding arbitration agreement prior to his father's admission.
In October of 2003, Mr. Miller admitted his 91-year-old father to Birchwood Care Center in Fitchburg. At the time, Mr. Miller signed numerous papers on his father's behalf, including an arbitration agreement. Mr. Miller's father passed away less than a month later, and Mr. Miller subsequently sued the nursing home, various employees and a physician in a wrongful-death suit. Birchwood moved to dismiss the case, citing the arbitration agreement. The trial court, however, ruled for Mr. Miller, stating it was "unnecessarily expensive" for him to arbitrate his claim while also tryng his claim against the physician and other employees.
The SJC reversed the decicions, finding nothing in the arbitration agreement that is unconscionable or unfair, nor any law to support the trial court ruling in favor of efficiency.
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Oliver Scholle Explores College Funding Strategies for the Affluent
 At Margolis & Associates' April First-Monday Lunch, financial planner and college funding consultant, Oliver Scholle, addressed late-stage college planning for higher-income families who do not qualify for needs-based financial aid. Scholle explored customized funding strategies to each family's situation and the importance of cutting-edge tax, financial and academic strategies that can dramatically lower a family's college expenses, often by much more than a full year of college costs.
One attendee stressed that Scholle was "very informative regarding 529 Plans, financial aid and scholarships," while offering "great information on how to deal with schools, on getting scholarships and appealing for scholarships if a school really wants you."
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Margolis to Speak at PESI's Upcoming Special Needs Planning Seminar
PESI's program is designed for attorneys in estate planning, elder law, and general practice, and non-attorney eldercare professionals, such as accountants, care managers, financial planners, nursing home administrators and insurance licensees.
The seminar will be held at the Boston Marriott Newton, from 9 a.m. - 4:30 p.m. (Registration will begin at 8:30 am.)
Click here to register for the PESI seminar online, or call 1-800-843-7763. |
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ALS Association to Hold its 17th Annual "Living with ALS" Symposium
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JOB POSITION: NAMI Massachusetts Seeking New Executive Director
NAMI Mass has grown over the past seven years under the leadership of Executive Director, Toby Fisher. Unfortunately, on Monday, May 28, Toby will be stepping down, and NAMI Mass will be searching for a new Executive Director. The candidate should have experience with mentally ill people and their families, a background in human services, business experience and at least a Bachelor's degree.
Click here for more information on the Executive Director position and how to apply.
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