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Elder Law

PA Elder, Estate & Fiduciary Law Blog

About Elder Law, senior lifestyles, long-term care, end-of-life & health care surrogate decision-making, estate & personal planning, fiduciary administrations (by agents under powers of attorney, custodians, guardians, executors/administrators, & trustees), elders' dispute resolution, and Orphans' Court litigation in Pennsylvania.
By Neil Hendershot, Esq.

Post Frequency: 2.5/day

Last Entry: April 16, 2016 at 11:39:00

Expanding Access to Mediation in PA

Posted on April 16, 2016
Following is a document for use in a presentation to the Pennsylvania Council of Mediators, at its 29th Annual Conference on Expanding Access to Mediation, held on April 15 (Fri) -16 (Sat), 2016 at the Hilton Hotel in

PA Model Local Rule for Mediation

Posted on April 15, 2016

PA Bar Assn approves Orphans' Court Mediation Project

Posted on November 23, 2014
On Friday, November 21, 2014, the Pennsylvania Bar Association formally approved, by unanimous vote, a Report and Recommendation presented by its Alternative Dispute Resolution Committee regarding a proposal for mediation in the Orphans' Court Divisions, of the Courts of Common Pleas, in the Commonwealth...

Philadelphia Court Upholds Stephen Girard's Intentions

Posted on August 27, 2014
Stephen Girard, late in life Painted by J.R. Lambdin Judge O'Keefe, Administrative Judge of the Philadelphia Court of Common Pleas, sitting in the Orphans' Court Division, issued an opinion and order, dated August 21, 2014 (filed and released on August 25, 2014), regarding the administration of Girard College...

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PA POA Reform legislation on Governor's Desk

Posted on June 19, 2014
On June 18, 2014, the Pennsylvania House of Representatives adopted (193-0) the amended, compromise version of House Bill 1429, in Printer's No. 3708, regarding power of attorney reform.� The adopted legislation was transmitted to the Governor for signing into law on June 24, 2014...

PA Power of Attorney Reform Legislation Moves

Posted on June 16, 2014
Legislative changes appear afoot regarding Pennsylvania's Power of Attorney laws. On Monday, June 16, 2014, the Pennsylvania Senate adopted (50-0), after three required considerations, a revised version of House Bill 1429, into a new Printers No. 3708...

A Memorial Birthday Message: Patti S. Bednarik

Posted on May 20, 2014
Patti S. Bednarik, Esq. "Estate planning for pets" remains an important consideration for folks in a relationship with one or more beloved companion animals -- faithful pets -- whose well-being, even survival, depends upon a thoughtful owner. This is an awareness I've held for the past ten years or more, since being introduced to the concern by my dear late friend Patti S...

NPR Broadcasts "Managing Your Elderly Parents' Finances"

Posted on February 27, 2014
On Thursday morning (11:06 AM to Noon), February 27, 2014, The Diane Rehm Show, as broadcast from WAMU through the National Public Radio network, focused on the topic Managing Your Elderly Parents' Finances, with guest host Elise Labott. The highly-qualified and well-spoken guests were: Sally Hurme, Project Advisor, Education and Outreach, at AARP Naomi Karp, Senior Policy Analyst, Office

Enact Mandatory Financial Elder Abuse Reporting in PA

Posted on January 16, 2014
On December 11, 2013, Professor Katherine C. Pearson, of Penn State Law (The Dickinson School of Law, Carlisle, PA Campus), posted a four-page article entitled Law Financial Abuse and Exploitation in Pennsylvania: The Importance of Early Response and Clearer Lines for Recovery, available as a PDF download on the Social Science Resource Network...

PA Small Estate & Deposit Payment Thresholds Increased

Posted on September 06, 2013
The Pennsylvania Probate, Estates & Fiduciaries Code (Title 20 of PA Consolidated Statutes) was amended in minor, but helpful, ways by Act 35 of 2013, which became effective on August 31, 2013. The changes in affected sections of Title 20 are noted in the adopted form of House Bill 513, Printer's No...

Joint State's Amazing Record and Report

Posted on August 26, 2013
On August 1, 2013, the Pennsylvania Joint State Government Commission posted a Report, dated August, 2013 (PDF, 4.7 MB), entitled�The Probate, Estates and Fiduciaries Code and Orphans' Court Matters: Legislation Recommended by the Advisory Committee on Decedents' Estates Laws, which encapsulates -- in 291 pages of history, descriptions, summaries, lists, and tables -- the amazing impact of

"Older & Wiser" Presentations Planned

Posted on August 21, 2013

PA Supreme Court Appoints New Elder Law Task Force

Posted on April 18, 2013
On April 18, 2013, in a posted press release entitled Supreme Court?s Elder Law Task Force Will Tackle Growing Abuses to Older Pennsylvanians, the Pennsylvania Supreme Court announced creation of a new Elder Law Task Force.� The initial meeting of the group was held on April 16 and 17, 2013, at the Pennsylvania Judicial Center, in Harrisburg, PA...

Karoly Estates Will Forgery Case Ruling

Posted on April 07, 2013
The Morning Call (Allentown, PA) published a news report entitled Northampton County judge upholds Karoly wills (04/05/13), by Peter Hall, highlighting the most recent development in the Karoly Estates forgery of wills matter: "John Karoly Jr.'s sisters failed to prove he entered forgeries in brother's estate, judge rules...

PA Orphans' Court Rules Proposed for Sweeping Changes

Posted on April 04, 2013
On April 3, 2013, the Pennsylvania Unified Judicial System website posted a news article entitled Input Sought on Proposed Rewrite of 40-year-old Orphans' Court Rules, which announced: "A substantial overhaul of the current Orphans? Court Procedural Rules, which have remained relatively intact for nearly four decades, is being proposed...

PBA RPPT Section Newsletter, Winter 2013

Posted on March 04, 2013
The Winter, 2013 Newsletter (Issue No. 72) of the Real Property, Probate & Trust Law Section, of the Pennsylvania Bar Association, was published on February 28, 2013, and will be mailed to members in printed form.� It will be available to the public in PDF format for a limited two-week period through a link to the PBA's website...

IRS PTIN System Online Again

Posted on February 06, 2013
The IRS Preparer Tax Identification Number (PTIN) system was restored online effective February 2, 2013.� It had been "down" after January 18, 2013, due to litigation in federal court.� See: PA EE&F Law Blog posting IRS PTIN Registration System is "Down" (01/28/13)...

New Postings of PA OC & R/W Forms Online

Posted on February 04, 2013
While seeking to access Pennsylvania Orphans' Court forms through this Blog's sidebar links to their source on the Internet, I discovered my links are no longer valid.� What happened?� Something changed. On January 31, 2013, the website of the Uniform Judicial System of Pennsylvania was completely refreshed and reformatted...

IRS PTIN Registration System is "Down"

Posted on January 28, 2013
The Internal Revenue Service's Tax Professionals system presently is "down" due to litigation.� [Note:� See "Update" at end of posting, below (02/06/13)] According to the IRS Statement on Court Ruling Related to Return Preparers, updated as of January 25, 2013, a litigation stay is the reason: As of Friday, Jan...

Another PA Inheritance Tax Exemption Engrafted?

Posted on January 23, 2013
On January 23, 2013, the Central Pennsylvania Business Journal reported in an article entitled Pa. House committee passes bill to end 'death tax', that the Finance Committee of the Pennsylvania House approved a bill Tuesday for further consideration by the full House that would eliminate Pennsylvania inheritance tax on family-owned businesses...

Health Laws Impact LGBT Folks

Posted on September 28, 2012
Impact of Health Law on LGBT Individuals and Families is the title and subject of a 1� hour continuing legal education program to be held on Friday, October 12, 2012, as sponsored by the Allegheny County Bar Association, through its Health Law Section, in partnership with its LGBT Rights Committee, which was created in March, 2012...

Organ Donation: Questions & Myths Discussed

Posted on September 10, 2012
On Friday, August 31, 2012, WITF-FM (Harrisburg, PA) broadcast a Radio Smart Talk program 50 minutes long, entitled What questions do you have about organ donation?� The initial guest of host Scott Lamar was John Green, Director of Community Relations for the Gift of Life Donor Program, of Philadelphia, PA...

AOPC.org is Dead; Long Live PAcourts.us! Very Tweet!

Posted on August 28, 2012
By September, 2012, the original Internet address of Pennsylvania's Unified Judicial System -- www.aopc.org (which reflected the initials of the Administrative Office of Pennsylvania Courts) -- will be deactivated. Through the summer, that web address already had redirected users automatically to the updated PA Unified Judicial System (Court) website -- www...

Appeal Procedures from PA Orphans' Court Rewritten

Posted on August 27, 2012
Appeals from orders issued by the various Orphans' Court Divisions, of the Courts of Common Pleas in Pennsylvania, are governed, effective February 12, 2012, by revised procedural rules, which were further amended by the Pennsylvania Supreme Court by order dated July 16, 2012...

New "Granny Snatching" Law in PA

Posted on July 06, 2012
On July 5, 2012, Pennsylvania Governor Tom Corbett signed House Bill 1720 (Printer's No. 2589) -- commonly (and comically) referenced as the "Granny Snatching bill" -- into state law as Act 108 of 2012, to take effect in 60 days. Act 108 amends Title 20 (Decedents, Estates and Fiduciaries) of PA Consolidated Statutes, to provide for uniform adult guardianship and protective proceedings

New Book: "The Law of Financial Abuse and Exploitation"

Posted on January 26, 2011
In January, 2011, Katherine C. Pearson and Trisha E. Cowart, both associated with Penn State's Dickinson School of Law, released their new book entitled The Law of Financial Abuse and Exploitation, published by Bisel, Inc. This 382-page hardcover book is described on the website of its publisher (in Philadelphia, PA), as follows: "An ounce of prevention is better than a pound of cure...

Update to Probate Petition in PA

Posted on January 18, 2011
Effective December 26, 2010, the registers of wills in Pennsylvania should be considering an additional concern in the processing of the standard probate form, RW-02, the Petition for Probate and Grant of Letters. This change was necessitated due to the passage of Senate Bill 53, PN 2228, which was signed by the Governor as Act 85 of 2010, to become effective on December 26, 2010...

"The Gran' Scam of Things"

Posted on January 16, 2011
The Gran' Scam of Things (2010) is a short fictional tale beginning with an email from Osagioduwa Williamsona, a Nigerian banker, addressed to a senior citizen, offering her $16,000,000 if she would respond and cooperate.� The fanciful comedy produced on video was written and directed by Leor Baum through Rooftop Mind Productions...

Reports about IT: Social Security Collapse?

Posted on January 12, 2011
Whether the Social Security Trust Fund can remain financially viable is the subject of much study and debate, currently reported.� For example, see: Americans Have Every Reason to Doubt Social Security Solvency (04/21/10) posted by The Heritage Foundation Report -- Social Security Modernization: Options to Address Solvency and Benefit Adequacy (05/13/10; 89 pages, PDF), posted by the U...

Talkin' SCAMS!

Posted on January 06, 2011
Radio SmartTalk's broadcast on Thursday, January 6, 2011, over WITF-FM Radio (Harrisburg, PA), addressed the topic of scams -- over phone, by mail, through email, and on the Web -- in its program entitled Scams:You know those e-mails from that Nigerian prince, who just needs your bank account number so he can send you his money? Or the voice mail message from a company that wants to give you a