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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

Dec. 31 Deadline for PA Tax Rebate Applications

Posted on December 30, 2010
This is a year-end message: December 31, 2010 is the deadline to file Property Tax/Rent Rebate claim forms (PA-1000) for those who are eligible to receive a rebate from the PA Department of Revenue based upon income and status. The Program is described at www...

2011 PA Legal Holidays Listed by AOPC

Posted on December 29, 2010
For many, this is a holiday week, if only in a personal mindset. But "legal holidays" are declared in advance, and are quite fixed. A county's courthouse is closed on a recognized national or statewide "legal holiday" or a local "legal holiday." On December 28, 2010, the Pennsylvania Unified Judicial System published online its legal holidays and those local legal holidays of the sixty-seven

Lawyer's Christmas Greetings

Posted on December 23, 2010
Yesterday, I updated my posting from three years ago, Scrooge: Broker, Lawyer, Accountant, or Banker? (12/21/07), and then included the link in email sent to some folks as a Holiday greeting. There are few analyses like it available online. Ultimately, I doubt that Scrooge was a lawyer, since he did not talk like a lawyer, even for that time...

Tax Relief Enacted

Posted on December 17, 2010
As announced in a host of media publications today, December 17, 2010, we have a new federal tax act, representing a political compromise and a temporary Congressional consensus -- but not a long-term solution -- on crucial pending income, estate/gift/generation-skipping, and social security tax issues (among other subjects)...

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Blogger as "Best Lawyer" and "Super Lawyer"

Posted on December 06, 2010
Neil E. Hendershot Again Listed as a ?Best Lawyer in America?® and as a ?SuperLawyer?® Neil E. Hendershot, Esq. was selected by his peers for inclusion in the 2011 edition of The Best Lawyers in America in the specialty of Trusts and Estates. The letter sent to him by Steven Naifeh, Editor-in-Chief of Best Lawyers (styled as ?The World?s Premier Guide?) stated: ?Indeed, special congratulations

"Aging in America" on HealthSmart

Posted on November 30, 2010
The half-hour program, HealthSmart: Aging in America, broadcast initially on WITF-TV (Public Television; Harrisburg, PA) on November 24, 2010, asks the question: "What does a senior citizen look like in today's world?" This program's response: "We all know someone who is over the age of 65 and living life to the fullest...

PA Health Department Posts New POLST Form

Posted on November 18, 2010
On November 16, 2010, the Pennsylvania Department of Health posted on its website a new standard form for Orders for Life-Sustaining Treatment (POLST), revised 10/14/10. The form was listed under the website's Quick Links, but does not appear to be the subject of any press releases or further highlighted bulletins...

Video: Getting Started in Estate Planning

Posted on November 17, 2010
Forbes' video network online posted, on September 15, 2010, a short segment entitled Estate Planning: How to Get Started, starring Deborah L. Jacobs, the author of the recently-published book Estate Planning Smarts. Her advice during the interview impresses the need for personal planning, and urges that this not "be done at home" due to the pitfalls and pain that can result...

Mediation for Elderly

Posted on October 20, 2010
Today I enjoyed participating in a seminar presented in Pittsburgh by the Pennsylvania Bar Institute entitled "Using Mediation to Resolve Disputes Involving the Elderly". This is the description of the course:A variety of conflicts involving elderly persons call for effective resolutions that take into consideration a multitude of varying interests and often delicate relationships...

Adult Protective Services to be Expanded

Posted on October 01, 2010
According to a Press Release issued on September 28, 2010, by PA Senator Pat Vance (R-Cumberland/York), the Pennsylvania House of Representatives on that date approved legislation sponsored by her "to provide protective services for adults with cognitive or physical disabilities...

PA Law Resources Available

Posted on September 30, 2010
Recently in researching, I came across a basic guide to sources of Pennsylvania law (statutory, regulatory, judicial opinions, and practice treatises) entitled "Legal Guide: Pennsylvania Practice Aids" (June, 2008; PDF, 2 pages), posted by the Widener University School of Law's library...

Do-It-Yourself Wills, a No-No

Posted on September 29, 2010
On September 7, 2010, Forbes published and posted an excellent article about "Do-It-Yourself" estate planning written by an experienced business and legal writer. Her message: "Why am I strenuously opposed to do-it-yourself wills? There are just so many things that can go wrong -- from the wording of the document, to the required formalities for how it must be signed and witnessed before it

End of Life: Concerns & Costs

Posted on August 09, 2010
Last week an uncle of my wife died at 86 in the Masonic Home in Elizabethtown, Pennsylvania, after his body finally shut down in slow motion, like a clock not wound -- an agony for relatives to witness while recalling active times. The health care providers and hospice servants steadied that process with awareness, knowledge, and connection...

"Wills for Heroes" Workshops Multiply in PA & DE

Posted on August 03, 2010
The Pennsylvania Bar Association presses forward on its successfully-sponsored "Wills for Heroes" program, promoted by its Young Lawyers Division.The program is described by the PBA-YLD as follows:?Wills for Heroes? provides police, fire and emergency medical personnel -- those on the frontlines for our personal safety -- the tools they need to prepare adequately for the future...

PA Inheritance Tax as Law Review Subject

Posted on June 16, 2010
The Pennsylvania Inheritance Tax rarely is the subject of law review articles. But the most recent issue of the Penn State Law Review (Volume 114, Issue 3), published by The Dickinson School of Law of Penn State University, contains an excellent article (known as as a "Comment") on the subject...

"Saving for Care in the Future" on WHYY

Posted on June 03, 2010
On Wednesday morning, June 2, 2010, a segment was broadcast on WHYY public radio (90.9 FM) in Philadelphia entitled "Saving for Care in the Future".The broadcast segment focused upon the needs and costs of long-term care for elderly citizens, and also upon a new federal assessment adopted as a part of the 2010 federal health care law...

POA Reform Legislation in PA Senate

Posted on May 10, 2010
On May 7, 2010, State Senator Greenleaf, with five other senators, introduced Senate Bill 1358, in an initial Printers No. 1970, which would implement the Power of Attorney Report issued in mid-March, 2010, by the Advisory Committee on Decedents' Estates Laws of the Joint State Government Commission...

Ageing in Ireland: "Older, Louder, Stronger"

Posted on May 03, 2010
In early March, 2010, a friend of mine, Katherine C. Pearson, sent me an email message from Belfast, Northern Ireland, where she conducts her sabbatical from her position as a Professor of Law at Penn State - Dickinson School of Law, in Carlisle, PA.In the fall of 2009, Professor Pearson was the Petersen Visiting Scholar in Gerontology and Family Studies at Oregon State University...

Health Care Reform Program in Pittsburgh

Posted on May 03, 2010
"Health Care Reform: What Every Employer Needs to Know and Do" is the title and topic of a half-day seminar sponsored by Tucker Arensberg, P.C., to be held on Wednesday, May 5, 2010, at the Doubletree Pittsburgh/Monroeville Convention Center (Allegheny Room), 101 Mall Boulevard, Pittsburgh, PA...

Genealogy Traces Roots

Posted on April 20, 2010
This morning, Tuesday, April 20, 2010, WITF-FM's Radio SmartTalk focused on genealogy -- the study of families and the tracing of their lineages and history -- in an episode entitled Family Trees and Genealogy:Living in the early 21st century has its perks ? among them, access to information like never before...

Session on Patient/Client Health Care Decisions

Posted on April 19, 2010
On Thursday, April 22, 2010, from 4 to 6 p.m., a continuing education seminar entitled "Documenting and Implementing Patient/Client Health Care Decisions" will be presented at the Allegheny County Bar Association, in its Auditorium on the Seventh Floor of the City-County Building...

Would the PA Dept of Aging Change its Name?

Posted on April 01, 2010
During an unscheduled late morning session held over coffee and donuts on Tuesday, April 1st, 2010, at a restaurant in Harrisburg, a representative of the Pennsylvania Department of Aging, sitting among co-workers, was overheard discussing whether the Department should change its official name to the "Pennsylvania Office of Getting Older" ("OGO" or "Pogo")...

PA Aging Sec. Hall on "Graying of Pennsylvania"

Posted on March 30, 2010
On Monday morning, March 29, 2010, Pennsylvania's Secretary of Aging, John Michael Hall, spoke for an hour, live, on WITF-FM (Harrisburg, PA) radio's Smart Talk on the subject "The Graying of Pennsylvania."I listened; and I recommend that anyone interested in the topic of an aging population in Pennsylvania should listen too...

PA DPW Reclaims Medicaid from Charles II

Posted on March 25, 2010
On March 23, 2010, a Memorandum Opinion was issued (but not reported for publication) by a three-Judge panel of the Commonwealth Court, per President Judge Leadbetter in the case Malloy v. Department of Public Welfare (No. 1575 C.D. 2009), reported unofficially online by Leagle...

PA 2010 POA Reform Report Issued by JSGC

Posted on March 23, 2010
On March 23, 2010, after an 18-month study, the Pennsylvania Joint State Government Commission issued its report, dated March, 2010:POWERS OF ATTORNEY:PROPOSED AMENDMENTS to thePROBATE, ESTATES and FIDUCIARIES CODE REPORT of the ADVISORY COMMITTEE on DECEDENTS? ESTATES LAWS...

MS-NBC's Olbermann on "Life Panels" & Living Wills

Posted on March 12, 2010
The Thursday evening, March 11, 2010, broadcast of Countdown with Keith Olbermann featured an update on his six months' long experiences with his ailing father and his plea for viewers to fill out an advance care directive, also known as a "living will," in his commentary, Life Panels Invaluable for Americans...

Autopsies' Open Records Inspections Delayed

Posted on December 31, 2009
The Associated Press reported, on December 29, 2009, in a brief article entitled Pa. judge: Coroner can delay filing autopsy report that "[a] county judge in south-central Pennsylvania says a coroner doesn't have to release the means of death of a 21-year-old man until the end of January...

Bowmaster Decides Difficult Medicaid Lien Issues

Posted on December 30, 2009
On December 29, 2009, the Pennsylvania Supreme Court issued an opinion in E.D.B., v. Gerald Clair and Centre Community Hospital, No. 78 MAP 2008, that resolved a conflict in decisions issued by the Superior Court and the Commonwealth Court as to the extent of the statutory lien provided to the Pennsylvania Department of Public Welfare upon private litigation proceeds, for reimbursement to DPW of

Final PA Regs for Home Care Agencies & Registries

Posted on December 16, 2009
On December 12, 2009, Final Regulations were published by the Pennsylvania Department of Health adopting minimum standards for the operation in the Commonwealth of home care agencies and home care registries.The PA Department of Health, through its Division of Home Health "establishes and enforces quality care and safety standards for Health Care Facilities in Pennsylvania," which includes state

PA Seniors in Online Wii Championship Bowl

Posted on December 14, 2009
In an article dated December 11, 2009, entitled "Wii senior league bowlers to 'spare' no mercy at Tuesday's national championship game", McKnight's Long Term Care News noted that a team of seniors from Charleroi, Pennsylvania, qualified for the finals of the National Senior League? (NSL)Wii Bowling Championship...

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