NextSteps: Guardians of elderly couple face legal challenge
Pittsburgh Post Gazette, PA -
Assuming all the facts you recite are true, and assuming the powers of attorney are valid, it would appear that you and your wife have priority and should not be ousted unless evidence is presented to the court that you should be disqualified. As to payment of the lawyer, properly prepared powers of attorney should contain language allowing you, as agent, to hire an attorney. Some powers of attorney specifically provide for the hiring of counsel to defend actions such as this. Your lawyer should review the power of attorney and give you an opinion since, if you are required to spend money to protect your wards, you should be reimbursed if you are successful in the litigation.
2006-06-19
Law makes it hard to protect Isles' seniors
Honolulu Advertiser, HI -
Within the past two years, a woman in her 90s moved to Hawai'i from the Mainland to live with her adult son. The woman, who had health problems and whose husband had recently died, sold her Mainland home and had assets worth six figures when she arrived, according to Wong. She had no friends or other family here, so she depended heavily on her son, even though she was able to do basic daily activities such as bathe herself. Once she arrived, the son started spending her money, and in less than two years, it was all gone, Wong said.
2006-06-18
St. John's holds elder law clinic
Flushing Times Ledger, NY -
The day begins at 8:30 a.m. in the St. John's Law School cafeteria, where a continental breakfast will be served, and will end at approximately 3 p.m. The event is co-sponsored by the Coalition for Consumer Bankruptcy Debtor Education, JASA/Queens Legal Services for the Elderly and the Legal Aid Society - Queens County and National Consumer Law Center. For more information, contact Dina Macchia at St. John's Law School, (718) 990-1950.
2006-06-16
NextSteps: Widower left out in the cold by children
Pittsburgh Post Gazette, PA -
As to your son and the $85,000, the money was not a gift to him because you apparently did not file a gift tax return. Generally, agreements regarding real estate must be in writing, especially between family members. Here, there is none, but you certainly provided the money and can probably claim that you performed your end of the "contract" but he breached his. You could ask a judge to require him and his wife to "specifically perform" and allow you to stay, but this would not work. Or you could claim that he and his wife are holding your money in a "constructive trust," especially since you and your son are in a confidential relationship. The law does not allow a person to keep money that has been acquired through a breach of trust or the violation of a fiduciary duty, which is what we believe you have here.
2006-06-15
Ratner named co-chair of elder law committee
San Diego Daily Transcript (subscription), CA -
The Law Office of Steven M. Ratner announced Thursday Steven M. Ratner was recently appointed as co-chair of the programs committee of the Southern California Chapter of the National Academy of Elder Law Attorneys.
2006-06-14
Senior Notes
Watertown TAB & Press, MA -
The first World Elder Abuse Awareness Day will take place June 15 as an international effort to raise awareness and speak out against the increased abuse of the elderly. In the local region, nearly one of every 100 elders is reported to be abused or neglected by a concerned community or family member, but incidents of such abuse are considered to be greatly underreported. To learn more about this inaugural day of awareness or for more information about elder abuse, visit the International Network for the Prevention of Elder Abuse Web site at inpea.net.
2006-06-13
Alzheimer's Association Launches New Web Tool to Help Individuals
Market Wire (press release) -
-- Planning Ahead - A diagnosis of Alzheimer's in the early stages of the disease does not mean that a person cannot make decisions so it is important that the individual participate in the decision-making process as much as possible about their future care, legal and financial planning. -- Care Options - Individuals with dementia have unique care needs and there are many types of care available. The CareFinder defines and outlines the types of care available, and informs families so they can determine what care is needed for their loved ones. -- Coordinating Care - Caring for a loved one with Alzheimer's disease can involve several types of care providers from physicians to in-home assistance to long-term care facilities, such as assisted living and nursing homes. The CareFinder offers advice on how families can remain engaged in the care of their loved ones, communicate with doctors and others, and address problems such as transferring a loved one to another long-term care facility. -- Support and Resources - There are various support programs available to help both people with Alzheimer's and their loved ones deal with the impact of the disease. The Alzheimer's Association Helpline at 1.800.272.3900 is available 24/7 to help anyone impacted by Alzheimer's disease. The CareFinder also includes Web links to other resources such as the Eldercare Locator and National Academy of Elder Law Attorneys (NAELA).
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