On October 30, the Senate Health, Education, Labor and Pensions (HELP) Committee passed the Older Americans Act Reauthorization Act of 2013 (S. 1562). The bill is a greatly reduced version of its predecessor, but contains provisions to strengthen the Long-Term Care Ombudsman program and elder abuse prevention and screening efforts. The bipartisan bill was passed by the committee and is now available for full Senate consideration. View a recording of the Executive Session.
On Friday, the University of Saskatchewan's College of Law celebrated the 65th anniversary of a will written by farmer Cecil George Harris of Rosetown, Sask. Harris scratched out the will as he was dying in 1948, having been trapped for 10 hours beneath a tractor during a heavy storm. Using a pocketknife, Harris wrote on the tractor's fender the words: "In case I die in this mess, I leave all to the wife." He died in the hospital that night from his injuries. A judge ordered that portion of the tractor cut off and it has been displayed under a…
Customers who claim LegalZoom’s document-preparation services amount to the unauthorized practice of law won’t be able to take their case before a judge. The Arkansas Supreme Court ruled earlier this month that a mandatory arbitration clause in LegalZoom’s customer agreement must be enforced, the ABA/BNA Lawyers’ Manual on Professional Conduct reports. The ruling (PDF) reverses a judge’s decision that arbitration would encroach on “the exclusive jurisdiction of the state courts to determine whether or not something constitutes unauthorized practice of law.” LegalZoom’s troubles may not be over, however. Although the court ruled for LegalZoom on its bid to compel arbitration,…
When you come to our office for the initial consultation, our promise is to make it as comforting as possible. When you leave our office feeling relieved and you have a guide to lead them through the long-term care legal maze. In helping clients navigate the long-term care legal maze we’ve set up a three-step process. The Peace of Mind Meeting At the first meeting, we will welcome you to our firm. Consider this a “get to know you meeting.” At this meeting it is our goal to make you feel comfortable and help you understand the long-term care maze that…
Because elder law attorneys work with a variety of agencies that provide assistance or expert advice for the elderly, they understand the complexities of preparing an advance directive or living will that can be respected and carried out according to your final wishes. If you try to prepare a living will or advance medical directive on your own, you could neglect to include important information that your descendants should have in order to respect your wishes. Someone may have to hire a litigation attorney to sort things out if not everyone agrees on how to proceed. You don’t want your…
No one wants to think about being incapacitated before they die. Most of us hope that we’ll never have to be a financial, emotional or physical burden to our loved ones, but the reality is that many people live longer than anticipated and may end up being a monetary and emotional weight on our children or spouses. Fortunately, there are many elder law attorneys who can help you prepare various documents, including advance directives and living wills, that address these issues. Avoiding making end of life plans is a mistake that can have a profound effect on our own lives…
By upholding the constitutionality of the Affordable Care Act, the Supreme Court has preserved—at least for now—major benefits for seniors and key changes in the way long-term care supports and services are delivered and financed, states Forbes. Here are some provisions of the law that directly affect the frail elderly and younger adults with disabilities. Medicaid: The law is filled with important changes to this state/federal program that currently funds nearly half of all paid long-term care services. While the Supreme Court ruled that most of the 2010 health law is constitutional, it threw out one important provision that would…
Some mistakenly dismiss elder law as something with which they need not concern themselves until they personally need help getting by each day. However, at the Elder Law office we work with many local residents on these issues decades before they need care themselves. That is because many adult children are forced to deal with these concerns on behalf of their parents–many of whom have serious health concerns that arise quite quickly. With demographic changes leading to a boom in the elderly population, the need to care for aging parents is catching more and more adult children by surprise. According…
Frederick, MD 
301-663-9230
