February 2014

When’s a gift not a gift but a crime?

The self serving use of a Durable Power of Attorney, for a Texas man, without proper gifting authority resulted in a criminal conviction and a 25 year jail sentence.
 
The principal, Ms Shelton signed a power-of-attorney, appointing a former relative, Ronnie Natho as her agent. The power-of-attorney did not include gifting authority. Mr. Natho made several gifts to himself after Ms Shelton entered a nursing home including her car, house, and a life insurance policy. Mr. Natho contends he was following the advise of an attorney to create Medicaid financial eligibility for Ms Shelton.

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We All Live in a Medical Neighborhood (Part 2)

The Medical Neighborhood is an emerging concept that the U.S. Centers for Medicare & Medicaid Services has identified as one of the most promising models of reform in the care of people on Medicare.

Last week's issue introduced Frank and his caregiver son Paul. Is Frank living in a Medical Neighborhood? Where Frank lives – that is, whether or not he lives in a Medical Neighborhood – affects how successfully he and his son Paul will manage his care. That is the subject of this week's issue of Elder Law FAX.

 

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