Elder Law Fax Issue Index

2011

  • December 26, 2011 -- Attorney-drafted Will not sufficient to rebut presumption of undue influence
  • December 12, 2011 -- "Get the Flu Vaccine, Not the Flu!"
  • November 28, 2011 -- Medicare.gov's Nursing Home Compare: Not the whole story
  • November 14, 2011 -- Key features of private pensions lead to disparate treatment of American workers
  • October 31, 2011 -- What if the trust beneficiary dies -- who gets what remains in the trust?
  • October 17, 2011 - Health care reform law's long-term care insurance program shut down
  • October 3, 2011 - Daily decision-making by people with dementia and their spouses
  • September 19, 2011 - 2010 income and poverty figures: what they show for older Americans
  • September 5, 2011 - When is life insurance not life insurance?
  • August 22, 2011 -- Nursing home can't be sued for violating federal nursing home reform law
  • August 8, 2011 -- The Oregon Health Insurance Experiment: What it tells us about Medicaid
  • July 25, 2011 -- 401(k) plan trustee not liable for losses due to participants' control over plan investments
  • July 11, 2011 -- What the 2010 census data tell us about aging in America
  • June 27, 2011 -- VA taking applications for Family Caregiver benefits under 2010 veterans benefits law
  • June 13, 2011 -- Are too many nursing home residents with dementia overmedicated?
  • May 30, 2011 -- Tennessee to receive additional federal funds to support care of dual eligibles
  • May 16, 2011 -- Lump sum payment under personal services contract deemed Medicaid disqualifying transfer
  • May 2, 2011 -- Feds phasing out paper checks for certain government benefits
  • April 18, 2011 -- IRS' "Dirty Dozen" tax scams include warnings for older taxpayers
  • April 4, 2011 -- Nursing Home Compare measures for quality improvement revamped
  • March 21, 2011 -- What the health reform law can do for persons who need care in the community
  • March 7, 2011 -- Who are not making advance directives? And why not?
  • February 21, 2011 -- The dead have rights too: Court grants landowners request to move remains
  • February 7, 2011 -- Boomers to inherit $8 trillion
  • January 24, 2011 -- It's not how much you save for retirement, it's how much you spend when you're retired
  • January 10, 2011 -- "Welcome to Medicare": Health reform law expands program's preventive services

2010

  • December 27, 2010 --Preventable events kill almost 80,000 Medicare hospital patients annually
  • December 13, 2010 -- Hospital Sues TennCare Seeking Payment for Services to TennCare Enrollee
  • November 29, 2010 -- 10th anniversary of National Family Caregiver Support Program observed
  • November 15, 2010 -- Court awards damages against attorney-in-fact who transferred property to himself and relatives
  • November 1, 2010 -- Medical errors caused by "hand-offs" of patients targeted
  • October 18, 2010 -- Court rejects "improvement" as a criterion for continuing Medicare SNF benefits
  • October 4, 2010 -- Medicaid Home- and Community-Based Services and the Affordable Care Act
  • September 20, 2010 -- Who pays for long-term care for older people and how? Challenges facing developed nations
  • September 6, 2010 -- Court approves Medicaid-friendly annuity
  • August 23, 2010 -- Feds publish guide to patients who leave the hospital
  • August 9, 2010 -- Congress urged to enact minimum consumer protections for life settlements
  • July 26, 2010 -- Nursing home that honored white resident's racial caregiving preferences violated federal Civil Rights Act
  • July 12, 2010 -- Court asked to admit as a will a document that contain both handwriting and typewriting
  • June 28, 2010 -- Appeals court vacates all-parties' agreement settling probate estate
  • June 14, 2010 -- Daughter not liable for her mother's nursing home bill
  • May 31, 2010 -- What's the different between a "lawful" child and an "unlawful" child?
  • May 17, 2010 -- Creditor denied recovery from debtor's trust
  • May 3, 2010 -- Watch out for scammers and the new health care reform law
  • April 19, 2010 -- New physician's guide to assessing and counseling older drivers published
  • April 5, 2010 -- What's in the new health care law: a long-term care insurance program
  • March 22, 2010 -- Health care reform bill passes Congress; what's in it for seniors?
  • March 8, 2010 -- IRS issues top 10 tax tips about taking early distributions from retirement plans
  • February 22, 2010 -- Death in the United States
  • February 8, 2010 -- IRS debunks frivolous tax arguments
  • January 25, 2010 -- Feeding tubes: a last resort for end-of-life care, physicians' group says
  • January 11, 2010 -- Medicare law change may enable more people to get "extra help" paying for prescription drugs

2009

  • December 28, 2009 -- New publication offers legal guide for seriously ill people
  • December 14, 2009 -- Law seeks to improve health care of women veterans, provide support for caregivers of disabled vets
  • November 30, 2009 -- Holiday tips from the Elder Law Practice
  • November 16, 2009 -- SEC charges brokerage firm with scamming elderly investors over free lunch
  • November 2, 2009 -- What drives spending on health care?
  • October 19, 2009 -- Quadriplegic nursing home resident dies, had won legal right to starve himself to death
  • October 5, 2009 -- Fees on retirement savings: how much are you paying them to manage your money?
  • September 21, 2009 -- Is United States health care the best in the world?
  • September 7, 2009 -- Nursing home residents may sue for civil rights violations
  • August 24, 2009 -- Report: World's older population to triple in 40 years
  • August 10, 2009 -- August is Immunization Awareness Month!
  • July 27, 2009 -- Think tank examines Medicare's role for women
  • July 13, 2009 -- Court reinstates suit by retirees alleging wrongful termination of health benefits
  • June 29, 2009 -- The challenge of long-term care insurance: can it close the long-term care financing gap?
  • June 15, 2009 -- Medicaid penalizes nursing home resident for making $20 birthday gifts
  • June 1, 2009 -- "Four extra words" in a deed doth a lawsuit make
  • May 18, 2009 -- Why is the rehospitalization rate of older persons so high?
  • May 4, 2009 -- When can an "irrevocable" trust be changed? When the drafting attorney uses whiteout...
  • April 20, 2009 -- Unmarried domestic partners have "marital property rights" in pension plans, says federal appeals court
  • April 6, 2009 -- New Tennessee law promises long-term care reform
  • March 23, 2009 -- Is there a (medical) home in your future?
  • March 9, 2009 -- Court orders retrial in Tennessee nursing home damages case
  • February 23, 2009 -- The Economic Recovery Act-More money from the government for some folks
  • February 9, 2009 -- Despite waiving her rights in divorce decree, Supreme Court OKs payment of pension plan benefits to decedent's ex-wife
  • January 26, 2009 -- What will happen to the federal estate tax next year?
  • January 12, 2009 -- Court upholds suit against State over mother's trust for developmentally disabled daughter

2008

  • December 29, 2008 -- IRS offers tips on year-end donations
  • December 15, 2008 -- Influenza pandemic emergency: the Medicare program prepares
  • December 1, 2008 -- Cold weather tips for older adults offered in easy to read booklet
  • November 17, 2008 -- Personal health records for Medicare beneficiaries tested in South Carolina
  • November 3, 2008 -- Older Americans hit hard by recent economic turmoil
  • October 20, 2008 -- Caregiver to get house at death in compensation for services to elderly aunt
  • October 6, 2008 -- Deadline nears for claiming economic stimulus check
  • September 22, 2008 -- Court dismisses lawsuit against cemetery owner for negligent interment
  • September 8, 2008 -- Will scratched on cigarette carton not valid
  • August 25, 2008 -- Medicare will no longer pay hospitals for certain conditions
  • August 11, 2008 -- High court ruling in age bias case a victory for older workers
  • July 28, 2008 -- New Medicare rule outlines rights of hospice patients
  • July 14, 2008 -- States spend most Medicaid dollars on older persons for institutional services
  • June 30, 2008 -- This is not your father's long-term care insurance policy
  • June 16, 2008 -- Medicaid may not recover from estate of surviving spouse for benefits paid to predeceased spouse
  • June 2, 2008 -- Living with Alzheimer's disease: what can be done for those with the disease and their caregivers?
  • May 19, 2008 -- Ex-wife gets life insurance benefits, despite divorce and State law
  • May 5, 2008 -- Medicare's Physician Group Practice Demonstration aims to improve health care quality
  • April 21, 2008 -- Family doctors' group releases new guideline on end-of-life palliative care
  • April 7, 2008 -- Americans living longer, enjoying greater health and prosperity, but important disparities remain, says federal report
  • March 24, 2008 -- Number of new cases of Alzheimer's disease to escalate rapidly
  • March 10, 2008 -- Money from the government: how to claim your recovery rebate
  • February 25, 2008 -- Money from the government: can seniors get a check under the new economic stimulus law?
  • February 11, 2008 -- Medicare Part D reduces out-of-pocket drug costs
  • January 28, 2008 -- HHS partners with states to raise awareness on long-term care planning
  • January 14, 2008 -- Another Medicare option: Special Needs Plans

2007

  • December 31, 2007 -- Psychiatrists release updated guidelines for treating patients with dementia
  • December 17, 2007 -- Court bars Medicaid estate recovery attempts as untimely filed
  • December 3, 2007 -- Feds post list of worse nursing homes
  • November 19, 2007 -- Will or no Will?
  • November 5, 2007 -- When does a later Will revoke an earlier Will?
  • October 22, 2007 -- Medicare drug plan: important deadline looming
  • October 8, 2007 -- Economic cost of chronic disease on U. S. economy is $1 trillion
  • September 24, 2007 -- Payback provision in special needs trust approved by state supreme court
  • September 10, 2007 -- Health insurance plan may be reimbursed from special needs trust
  • August 27, 2007 -- Are the federal nursing home regulations the standard of care?
  • August 13, 2007 -- Terminally ill patients do not have right to use experimental drugs
  • July 30, 2007 -- Nursing home resident not bound by arbitration agreement signed by daughter
  • July 16, 2007 -- The Chronic Care Model of health care delivery
  • July 2, 2007 -- Case alleging undue influence on elderly woman dismissed
  • June 18, 2007 -- Employer's oral promise to provide benefits did not create an ERISA pension plan
  • June 4, 2007 -- Tips for preventing identity theft
  • May 21, 2007 -- Due process followed in conservatorship case
  • May 7, 2007 -- Prepaid funeral contracts not for everyone
  • April 23, 2007 -- The meaning of "substantial compliance"
  • April 9, 2007 -- Gift of homestead from aunt to nephew was not a product of undue influence
  • March 26, 2007 -- State high court rejects binding arbitration clause in nursing home admission contract
  • March 12, 2007 -- Improving health literacy improves health care
  • February 26, 2007 -- Disability among older Americans continues significant decline
  • February 12, 2007 -- The good news on health and health care use of older Americans
  • January 29, 2007 -- How much do Americans spend on health care and long-term care?
  • January 15, 2007 -- Winter safety for elderly people
  • January 1, 2007 -- Managing parents' finances -- eight steps for children to take

2006

  • December 18, 2006 -- The costs of long-term care: public perceptions versus reality in 2006
  • December 4, 2006 -- Medicaid Commission approves final recommendations on long-term care
  • November 20, 2006 -- World COPD Day: Help for sufferers of chronic obstructive pulmonary disease
  • November 6, 2006 -- It's enrollment time again: questions and answers in selecting a new Medicare prescription drug plan (Medicare reform, continued)
  • October 23, 2006 -- Medicare experiment seeks to improve physician care of people with chronic illnesses (Medicare reform, continued)
  • October 9, 2006 -- Attorney in fact lacks authority to change life insurance beneficiary
  • September 25, 2006 -- Beyond conventional wisdom: new strategies to maximize lifetime income
  • September 11, 2006 -- 10 ways for baby boomer women to avoid poverty in retirement
  • August 28, 2006 -- States and SEC join forces to protect elderly investors
  • August 14, 2006 -- Social Security glitch results in incorrect refunds to people on Medicare
  • July 31, 2006 -- Keeping cool in hot weather: advice for older people
  • July 17, 2006 -- Medicare provides coverage for many preventive services and screenings (Medicare reform, continued)
  • July 3, 2006 -- Emergency preparedness for older adults and caregivers
  • June 19, 2006 -- FTC offers tips for preventing identity theft and protecting Social Security numbers
  • June 5, 2006 -- Should you buy prescription drugs online? Tips from the U. S. Food and Drug Administration
  • May 22, 2006 -- Health and welfare of older Americans improves
  • May 8, 2006 -- Important and timely Medicare reminders
  • April 24, 2006 -- Seniors: educate yourself on annuities
  • April 10, 2006 -- Balloon annuity counted as a resource for Medicaid eligibility purposes
  • March 27, 2006 -- FDA issues guidance on hospital bed design to reduce patient entrapment
  • March 13, 2006 -- 12 questions predict your risk of dying
  • February 27, 2006 -- Medicare recipients warned of prescription drug coverage scams
  • February 13, 2006 -- Pressure sores threaten health of nursing home resident
  • January 30, 2006 -- How your heirs can get the most benefit out of your estate
  • January 16, 2006 -- Simple four-item questionnaire predicts weight loss in elders
  • January 2, 2006 -- Use direct deposit to keep control of your money, safeguard Social Security benefits

2005

  • December 26, 2005 -- Tips on choosing a Medicare prescription drug benefit plan (Medicare reform, continued)
  • December 19, 2005 -- Preliminary conclusions about Medicare's implementation of the drug benefit (Medicare reform, continued)
  • December 12, 2005 -- Holiday stress and depression: tips for coping with the season
  • December 5, 2005 -- Internal Revenue Service warns of email scam about tax refunds
  • November 28, 2005 -- House and Senate pass two different bills that affect Medicaid asset transfer rules (part 2)
  • November 21, 2005 -- House and Senate pass two different bills that affect Medicaid asset transfer rules (part 1)
  • November 14, 2005 -- Will invalidated for undue influence despite testator's "testamentary capacity"
  • November 7, 2005 -- Trust is revocable notwithstanding death of one grantor-spouse
  • October 31, 2005 -- Testator's "insane delusions" do not invalidate will
  • October 24, 2005 -- Court affirms pressure-ulcer penalty against nursing home
  • October 17, 2005 -- Federal court rejects challenge to EEOC retiree health benefit rules
  • October 10, 2005 -- It's almost here: Medicare prescription drug coverage (part 2) (Medicare reform, continued)
  • October 3, 2005 -- It's almost here: Medicare prescription drug coverage (part 1) (Medicare reform, continued)
  • September 26, 2005 -- Court denies ex-wife's waiver of pension benefits
  • September 19, 2005 -- Feeding assistant rule upheld by court
  • September 12, 2005 -- Court says school system's early retirement incentive plan violates federal age discrimination law
  • September 5, 2005 -- What to do after the storm -- and before
  • August 29, 2005 -- Retirement plan participants can sue for damages to their accounts due to alleged breaches by plan fiduciaries
  • August 22, 2005 -- Obesity and arthritis increasingly threaten aging boomers' well-being
  • August 15, 2005 -- Medicaid divorce cannot shelter income for spouse of nursing home resident
  • August 8, 2005 -- Federal Medicaid Commission looking at governors' proposals for cost savings
  • August 1, 2005 -- State settles with securities firm over improper variable annuity sales to seniors
  • July 25, 2005 -- Helping elders beat the heat
  • July 18, 2005 -- Court upholds "spousal refusal" in Medicaid nursing home case
  • July 11, 2005 -- Medicaid transfer rules apply to "dangerous" resident, court rules
  • July 4, 2005 -- New research suggests early diagnosis of Alzheimer's disease possible
  • June 27, 2005 -- People on Medicare who qualify for extra help on prescription drugs can apply now
  • June 20, 2005 -- Assignment of Social Security income to special needs trust fails
  • June 13, 2005 -- Report looks at older Americans
  • June 6, 2005 -- Per stirpes? Per capita? Why the Latin? What's the difference?
  • May 30, 2005 -- Can we save Medicaid $10 billion by stopping asset transfers?
  • May 23, 2005 -- Attorney cleared of malpractice even though his power of attorney was not durable
  • May 16, 2005 -- Trustee not liable for following grantor's investment instructions
  • May 9, 2005 -- In this case, "lifetime" really does mean "for life"
  • May 2, 2005 -- California issues "Dirty Dozen" investment scams for 2005
  • April 25, 2005 -- Marriage of dead man annulled
  • April 18, 2005 -- Man with two wills dies intestate
  • April 11, 2005 -- Court: EEOC cannot issue rules that violate age discrimination law
  • April 4, 2005 -- Lessons learned from the Terri Schiavo case
  • March 28, 2005 -- This dead man doesn't have to pay alimony, says court
  • March 21, 2005 -- 10 tips for choosing a caregiver for an elder (part 2)
  • March 14, 2005 -- 10 tips for choosing a caregiver for an elder (part 1)
  • March 7, 2005 -- Parents may owe child support to adult disabled children
  • February 28, 2005 -- "Go Direct" pilot campaign launched in Tennessee
  • February 21, 2005 -- Involuntarily committed woman's lawsuit against doctor may proceed, rules court
  • February 14, 2005 -- What those "Elder Law Update" postcards really mean
  • February 7, 2005 -- Merrill Lynch not liable as plan trustee for losses in WorldCom retirement plan
  • January 31, 2005 -- "You cannot convey what you do not own"
  • January 24, 2005 -- Do-it-yourself Medicaid planning costly for mother and daughter
  • January 17, 2005 -- Social Security "privatization": what does it mean?
  • January 10, 2005 -- Life tenant may owe damages to remainderman for clear-cutting timber on property
  • January 3, 2005 -- Punitive damage award against life insurance company set aside; 2005 Medicaid long-term care numbers

Previous Years