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Elder Law

Elder Law Blog

Discusses all aspects of elder law and related topics. Intended for law profs and elder law attorneys.
By Kim Dayton

Post Frequency: 8/day

Last Entry: March 21, 2011 at 17:48:13

National Senior Citizens Law Center publishes issue briefs on the health care bill

Posted on May 04, 2010
NSCLC's issue brief, "Health Care Reform & Low-Income Older Adults: An Overview" provides a summary of key provisions of the new health reform law that impact low-income older adults. For those interested in going deeper, NSCLC has also developed in-depth...

News from NHeLP (National Health Law Program)

Posted on May 04, 2010
State Option for Early Medicaid Expansion On April 9, CMS issued a letter to state health officials and Medicaid directors that implements the provision of the health reform law addressing Medicaid coverage for populations with the lowest incomes. The guidance...

March-April Issue of Bifocal

Posted on May 03, 2010
Attached is the April 2010 issue of Bifocal, Journal of the ABA Commission on Law and Aging. Download Mar Apr 10 ABA Bifocal J In this issue: -A Decade of Partnerships in Law and Aging: A Retrospective of the Innovative...

Website addresses all things dying...

Posted on May 01, 2010
Courtesy Laurie Hanson, Long, Reher & Hanson, mnelderlaw.com: Minneapolis Star-Tribune columnist Claude Peck recently wrote about Obit Magazine, an online forum addressing issues such as life, death, and transition - through obituaries, essays, book reviews, articles, and a blog...

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Caregiver Spouses denied Elective Share of decedent spouses' estates

Posted on April 30, 2010
From our friends at http://trustsandestates.com: As the American demographic continues its shift toward a larger elderly population, the problems with caregivers continue to increase. In the past, these problems typically involved power of attorney abuses...

ELDER LAW STUDIES eJOURNAL

Posted on April 28, 2010
Browse ALL abstracts for this journal Table of Contents Your Nest Egg on Auto Pilot Lewis Mandell, Aspen Institute - Initiative on Financial Security Pamela J. Perun, Aspen Institute - Initiative on Financial Security Lisa Mensah, Aspen Institute - Initiative...

Passages . . .

Posted on April 26, 2010
We note with sorrow the passing last week of civil rights leader Dorothy Height. A civil rights pioneer, Height was the president emirita of the National Council of Negro Women and dedicated her life?s work to racial justice and gender...

US News and World Report Survey of Nursing Homes

Posted on April 26, 2010
US News and World Report has released its study of nursing homes in the U.S. Check it out at: http://health.usnews.com/senior-housing.

Sonoma County CA separates elderly gay couple and sells all of their worldly possessions

Posted on April 23, 2010
Posted by Kate Kendall, at NCLR's Elder Law Project. Clay and his partner of 20 years, Harold, lived in California. Clay and Harold made diligent efforts to protect their legal rights, and had their legal paperwork in place--wills, powers of...

Study Predicts More Older Americans and Strains on Social Network

Posted on April 21, 2010
From our friends at the ElderLaw Answers Blog: The MacArthur Foundation?s Research Network on an Aging Society has released a report predicting that by 2050 Americans may well live on average almost eight years longer than is predicted by the...

AoA to hold listening sessions on reauthorization of OAA, Title V

Posted on April 20, 2010
Jane Oates, Assistant Secretary of for Employment and Training, U.S. Department of Labor, and Kathy Greenlee, Assistant Secretary for Aging, U.S. Department of Health and Human Services, will hold a listening session on the upcoming reauthorization of Title V of...

New from the WILLS, TRUSTS, & ESTATES LAW eJOURNAL

Posted on April 19, 2010
Table of Contents The New Regime of Fiducie in French Law, in the Light of the Last Reforms (El Nuevo R�gimen de Fiducie en el Derecho Franc�s a la Luz de las Ultimas Reformas) (Spanish) Karolina Lyczkowska, affiliation not provided...

Summary of caregiver support provisions in health care reform bill

Posted on April 16, 2010
Via the White House Blog: The Middle Class Task Force developed a new Caregiver Initiative in the FY 2011 Budget to address the needs of the estimated 65 million Americans that provide unpaid care to seniors or people with disabilities....

President directs HHS to issue new rules regarding hospital visits and health care directives

Posted on April 16, 2010
President Obama has issued a Presidential memorandum to the Department of Health and Human Services (HHS) entitled "Respecting the Rights of Hospital Patients to Receive Visitors and to Designate Surrogate Decision Makers for Medical Emergencies." The memorandum ensures that patients...

May Is National Elder Law Month

Posted on April 16, 2010
From our friends at the National Academy of Elder Law Attorneys (www.naela.org): Elder Law attorneys throughout the country contribute to their communities by educating seniors and people with disabilities about their legal needs and by providing pro bono services...

ELDER LAW STUDIES eJOURNAL

Posted on April 14, 2010
Sponsored by Syracuse University College of Law Vol. 2, No. 9: Apr 06, 2010 NINA A. KOHN, EDITOR Associate Professor, Syracuse University - College of Law nakohn@law.syr.edu Browse ALL abstracts for this journal Table of Contents The 2010 Retirement Confidence...

Based on a true story...

Posted on April 13, 2010
Received from my "elderly" friend Joe Muldoon:: Dan was a single guy living at home with his father, and working in the family business. When he found out he was going to inherit a fortune when his sickly father died,...

Two Courts Take Differing Views on Transferring Property With Intent to Gain Medicaid Eligibility

Posted on April 12, 2010
From our friends at www.elderlawanswers.com. A Massachusetts appeals court finds that a contract in which parents transferred property to their daughter so that they might avoid a Medicaid lien does not fail for lack of consideration because the daughter's promise...

Court Disallows Attorney Fees for Medicaid Applicant Wrongly Denied Benefits

Posted on April 09, 2010
A Kentucky appeals court reverses an award of attorney fees to a Medicaid applicant who was wrongly denied nursing home benefits and involuntarily removed from the facility for non-payment. Cabinet for Health and Family Services, Commonwealth of Kentucky v...

Sebelius, Greenlee host webchat on health reform law

Posted on April 08, 2010
HHS Secretary Kathleen Sebelius to Host Webchat on Health Insurance Reform and Seniors U.S. Department of Health and Human Services Secretary Kathleen Sebelius and Assistant Secretary for the Administration on Aging Kathy Greenlee will host a webchat today, Thursday, April...

Health Reform: What Changes Are in Store for the Elderly?

Posted on April 07, 2010
After a year of legislative wrangling and premature forecasts of death, historic legislation overhauling the nation's health insurance system has passed the Congress and been signed into law by President Obama. The measure that finally prevailed, the Patient Protection and...

Medicare Rights Center President Talks about Health Reform

Posted on April 07, 2010
Medicare Rights Center President Joe Baker was a guest on Minnesota Public Radio's Midmorning with Kerri Miller on Friday, April 2. Along with guest Gail Wilensky, Mr. Baker discussed how health reform provisions will affect people with Medicare. Their discussion...

How creepy is this?

Posted on April 06, 2010
Via the BBC: Police have arrested two women after they tried to take the body of a dead relative on to a plane at Liverpool John Lennon Airport. Staff became suspicious when they tried to check in 91-year-old Curt Willi...

HHS to unveil Open Government strategy

Posted on April 06, 2010
Via HHS E-News: The Department of Health and Human Services invites you to participate in a live Webcast as the U.S. Department of Health & Human Services unveils its Open Government Plan. This Plan seeks to take Open Government at...

SSRN: WILLS, TRUSTS, & ESTATES LAW eJOURNAL

Posted on April 05, 2010
Sponsored by The American College of Trust and Estate Counsel (ACTEC) Foundation Vol. 6, No. 8: Apr 01, 2010 ROBERT H. SITKOFF, EDITOR John L. Gray Professor of Law, Harvard Law School rsitkoff@law.harvard.edu Browse ALL abstracts for this journal Table...

Sebelius letter advises states about high risk pool implementation

Posted on April 03, 2010
Secretary Sends Letters to Governors, Insurance Commissioners U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius today issued a letter to governors and independent insurance commissioners asking each state to express their interest in participating in the temporary...

New on SSRN: Elder Law Studies Abstracts

Posted on April 02, 2010
End-of-Life Care in the 21st Century: Advance Directives in Universal Rights Discourse Violeta Besirevic, affiliation not provided to SSRN Protecting Vulnerable Adults Jonathan Herring, University of Oxford - Faculty of Law Health Care Technology, Health Care Rationing, and Older Americans:...

Interim regs on mental health parity effective April 5, 2010

Posted on April 01, 2010
From the Center for Medicare Advocacy: On February 2, 2010, the Centers for Medicare & Medicaid Services (CMS), in conjunction with the Internal Revenue Service (IRS) and the Employee Benefits Security Administration of the Department of Labor (DOL), (collectively referred...

Five Big Myths of Advance Care Planning and How to Stay Anchored in Reality

Posted on March 31, 2010
Check out this Complimentary Teleconference sponsored by the ABA Health Law Section and the ABA Commission on Law and Aging Tuesday, April 13 at 2:00pm Central This complimentary teleconference will address the five biggest myths that plague advance care planning...

Advancing Equality for LGBT Elders -- a New Report

Posted on March 29, 2010
Authored by LGBT Movement Advancement Project (MAP) and Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders (SAGE); and developed in partnership with the American Society on Aging (ASA), Center for American Progress (CAP), and National Senior Citizen?s Law...

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