Elder Law

New Yorker Article Highlights Abuses in the Guardianship System

Posted on: November 1st, 2017
Serious problems with the public guardianship system in the United States can lead to elder abuse, according to an in-depth article in The New Yorker titled “How the Elderly Lose their Rights.” ...

Aging Drivers and the Law

Posted on: April 5th, 2017
For better or for worse, our current culture is very car-dependant; in many places, cars are the only convenient link to the outside world....

Called for Jury Duty? You May Be Excused Based on Your Age

Posted on: July 7th, 2016
In many states, seniors have the right to decline jury duty based on their age. ...

Nursing Home Debt Collector's Filial Support Lawsuit Against Family Does Not Violate Fair Debt Collection Law

Posted on: June 9th, 2015
The U.S. Court of Appeals for the Second Circuit holds that a law firm that was attempting to collect a debt from a nursing home resident's family did not violate debt collection law when it filed a lawsuit against the family based on Pennsylvania's filial support law. Eades v. Kennedy, PC Law Offices (U.S. Ct. App., 2nd Cir., No. 14-104-cv, June 5, 2015)....

SSA Clarifies Its Position on Court-Established (d)(4)(A) Trusts

Posted on: June 8th, 2015
After a rash of criticism from advocates claiming that the Social Security Administration (SSA) was unfairly refusing to allow court-established (d)(4)(A) trusts to qualify as exempt resources for Supplemental Security Income (SSI) purposes, the SSA has issued an Administrative Message clarifying its policy regarding these trusts and ordering officials to approve the trusts if they meet the other (d)(4)(A) requirements and were not created prior to the order issued by the court....

SSA Message Clarifying Treatment of Court-Established (d)(4)(A) Trusts

Posted on: June 7th, 2015
Read the Social Security Administration's AM-15032, an Administrative Message clarifying the SSA's treatment of court-established (d)(4)(A) trusts. Portions in red are emphasis supplied by Illinois attorney and Social Security expert Avram L. Sacks....
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