Elder Law Prof Blog

Save the Date: 2012 National Aging and Law Institute

SAVE THE DATE:

National Aging and Law Institute

Will be held November 8,9, and 10, 2012

At the Omni Shoreham Hotel in Washington DC.

This conference is the merger of the National Aging and Law Conference and the NAELA Advanced Institute

 

A request for proposals will be out late in January or early in February – please start planning for workshop proposals.

AALS Aging and the Law Listserv for January 12, 2012

The AALS Conference last week featured Professors A. Kimberley Dayton (Director, Center for Elder Justice and Policy, William Mitchell College of Law) and Linda S. Whitton (Valparaiso University School of Law) as well as Assistant Director Erica F. Wood of the American Bar Association, Commission on Law and Aging, speaking on GUARDIANSHIP: RECONSIDERING THE REALITY OF REFORM. The panel discussion was moderated by Professor Lawrence A. Frolik (University of Pittsburgh School of Law and our former Section Chair).

Our new Section Chair is Professor Barry Kozak, (Associate Director, Graduate Employee Benefits Programs and Director, Elder Law Studies at the John Marshall Law School in Chicago). His bio is available at: http://www.jmls.edu/directory/profiles/kozak-barry/

 1. Nutrition: 4 Vitamins That Strengthen Older Brains: http://www.nytimes.com/2012/01/03/health/research/vitamins-b-c-d-and-e-and-omega-3-strengthen-older-brains.html?_r=1&src=recg

 2. Jack Cross: New Year's Resolutions For Seniors in 2012: http://www.wickedlocal.com/medford/news/x545131592/JACK-CROSS-New-Years-resolutions-for-seniors-in-2012#axzz1iSeTkS8l

 3. Record Number of Federal Criminal Health Care Fraud Prosecutions Filed in FY 2011: http://trac.syr.edu/tracreports/crim/270/

4. Social Security Disability Fund A Last Resort For The Unemployed As Benefits Dry Up: http://www.huffingtonpost.com/2011/12/28/social-security-disability-unemployment_n_1172682.html

 5. What We Can Learn From Old Animals: http://well.blogs.nytimes.com/2011/12/29/what-we-can-learn-from-old-animals/?ref=elderly

 6. Spinal Tap May Predict Alzheimer’s Years Ahead: http://thechart.blogs.cnn.com/2012/01/02/spinal-tap-may-predict-alzheimers-years-ahead/?hpt=hp_t3

7. The Shame of Elder Abuse and the Silence of Washington: http://www.huffingtonpost.com/robert-b-blancato/elder-abuse-washington_b_1175299.html

 8. The Unspoken Diagnosis - Old Age: http://newoldage.blogs.nytimes.com/2011/12/29/the-unspoken-diagnosis-old-age/

9. Senior Moment or Just Mulling a Response? http://vitals.msnbc.msn.com/_news/2011/12/29/9806406-senior-moment-or-just-mulling-a-response

 10. Real ‘Benjamin Button’? Stem Cells Reverse Aging in Mice: http://vitals.msnbc.msn.com/_news/2012/01/03/9917514-real-benjamin-button-stem-cells-reverse-aging-in-mice

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

amurphy@lawschool.gonzaga.edu<mailto:amurphy@lawschool.gonzaga.edu>

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

 

 

Case law data base for NAELA members...

NAELA has published a webpage of the 2011 Cases for members’ reference: http://www.naela.org/Public/Library/Publications/Publications_Main/eBulletin_Case_Archive_2011.aspx.  

Organized by issue, you can keyword search for the specific case by using the “Find” function in your browser (Control/F on the PC, Command/F on the Mac). Future case notes will also be archived.

 

AALS Aging and the Law Listserv for December 30, 2011

Two New Year treats – a few extra entries this week, and a great rendition of Auld Lang Syne (Scotland – meaning roughly for the sake of old times): http://www.youtube.com/watch?v=acxnmaVTlZA

 1. Bifocal, Journal of the ABA Commission on Law and Aging, November – December 2011: http://www.americanbar.org/content/dam/aba/publications/bifocal/bifocal_nov_dec_2011.authcheckdam.pdf

 2. Elder Abuse Acute During Holidays: http://www.upi.com/Health_News/2011/12/17/Elder-abuse-acute-during-holidays/UPI-48511324105233/?spt=hs&or=hn

 3. Discharge Summaries Play Key Role in Keeping Nursing Home Patients Safe: http://www.med.wisc.edu/news-events/news/discharge-summaries-play-a-critical-role-in-keeping-nursing-home-patients-safe/33350

 4. Why Senior Citizens Should Believe in Santa: http://money.usnews.com/money/blogs/On-Retirement/2011/12/23/why-senior-citizens-should-believe-in-santa

 5. For the Parents, Simple Pleasures: http://newoldage.blogs.nytimes.com/2011/12/24/for-the-parents-this-year-simple-pleasures/

 6. Video - Three House Republicans Ask IRS to Investigate AARP's Tax-Exempt Status: http://taxprof.typepad.com/taxprof_blog/2011/12/three-house-.html

 7. Special Learning Inc. Announces the iPad Version of The Communicating Basic Needs App: http://www.digitaljournal.com/pr/533463

 8. Reversal On Health Mandate Came Late For Gingrich And Romney: http://www.npr.org/blogs/health/2011/12/28/144318988/reversal-on-health-mandate-came-late-for-gingrich-and-romney?ps=sh_sthdl

 9. Lack Of Autopsies After Elderly Die Conceals Health Flaws: http://www.npr.org/blogs/health/2011/12/21/144072783/lack-of-autopsies-after-elderly-die-conceals-health-flaws?ps=sh_sthdl

 10. Video - Trial and Heirs - The $13 Million Cat: Plus, Bob Marley, MLK Jr. and More: http://www.myfoxdetroit.com/dpp/mornings/trial-and-heirs:-the-$13-million-cat-20111214

 11.    World Giving Index – 2011 - A Global View of Giving Trends (large file): https://www.cafonline.org/pdf/World_Giving_Index_2011_191211.pdf

 12.   The High Cost of Failing Artificial Hips: http://www.nytimes.com/2011/12/28/business/the-high-cost-of-failing-artificial-hips.html?_r=2&nl=todaysheadlines&emc=tha2

 13.   Alzheimer’s – Seth Rogan – Hilarity for Charity – Los Angeles, January 13, 2012: http://www.alz.org/galas/LA/hilarity.asp

 14.  The Future of Retirement – Radio Program: http://whyy.org/cms/radiotimes/2011/12/28/the-future-of-retirement/

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

amurphy@lawschool.gonzaga.edu<mailto:amurphy@lawschool.gonzaga.edu>

 WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

 

 

 

AALS Aging and the Law Listserv for December 22, 2011

1. Canada Seeks A Way To Limit Health-Spending Increases: http://ca.reuters.com/article/topNews/idCATRE7BD1MA20111214
2. Plain Speaking At The End of Life: http://newoldage.blogs.nytimes.com/2011/12/14/plain-speaking-at-the-end-of-life/#more-10929

 3. Still Active, With A Little Help: http://www.nytimes.com/2011/12/10/opinion/still-active-with-a-little-help.html?_r=1&ref=elderly

 4. 91-Year-Old Yoga Teacher Asks, 'Why Should I Quit?': http://today.msnbc.msn.com/id/45484875/ns/today-today_health/

 5. Ballet Keeps Polish Seniors on Their Toes: http://www.naharnet.com/stories/en/23507-ballet-keeps-polish-seniors-on-their-toes

6. NAELA Files Amicus Curiae Brief in the matter of Lewis v. Alexander (which involves special needs trusts and pooled trusts in particular): http://www.naela.org/app_themes/public/PDF/Advocacy%20Tab/Amicus%20Curiae/AmicusBriefLewisvAlexander.pdf

 7. Life Goes On, and On ... http://www.nytimes.com/2011/12/18/opinion/sunday/old-age-life-goes-on-and-on.html?_r=1&src=recg

 8. For Medicare, We Must Cut Costs, Not Shift Them: http://opinionator.blogs.nytimes.com/2011/12/19/for-medicare-we-must-cut-costs-not-shift-them/?nl=todaysheadlines&emc=thab1

 9. Chorus Gives Voice to Those With Alzheimer's: http://health.usnews.com/health-news/family-health/brain-and-behavior/articles/2011/12/22/chorus-gives-voice-to-those-with-alzheimers

10. Retiring Baby Boomers Give Florida a Cold Shoulder: http://www.reuters.com/article/2011/12/20/us-florida-migration-idUSTRE7BJ21I20111220

 11.  Caregivers (Primarily Women) Long to Have a Voice to Say They Are as Mad as Hell: http://newoldage.blogs.nytimes.com/2011/12/20/mad-as-hell/

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

amurphy@lawschool.gonzaga.edu<mailto:amurphy@lawschool.gonzaga.edu>

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

 

 

AALS Aging and the Law Listserv for December 21, 2011

Professor Susan Evans Cancelosi of Wayne State is compiling our AALS Aging and the Law Newsletter. Please let her know prior to the AALS meeting in January of any professional activities, job changes, or publications if you'd like them included in the newsletter. Her email is scancelosi@wayne.edu.

 1.            A Terrible Choice To Ponder: http://www.latimes.com/health/la-me-1211-lopez-dad-20111211,0,7448973.column

 

 2.            Polish Seniors Flock to Spain For Sun, Subsidies: http://news.yahoo.com/polish-seniors-flock-spain-sun-subsidies-052348576.html

  

3.            Playing Politics With Social Security: http://money.usnews.com/money/blogs/the-best-life/2011/12/12/playing-politics-with-social-security

 

4.            Graying Town Builds a Life Beyond Bingo: http://www.nytimes.com/2011/12/06/nyregion/southbury-conn-adjusts-to-aging-population.html?_r=1

 

5.            Medicare Will Cover Obesity Screening and Treatment: http://healthland.time.com/2011/12/02/medicare-will-cover-obesity-screening-and-treatment/

 

6.            HSBC Hit With Record Fine For Ripping Off Elderly: http://in.reuters.com/article/2011/12/05/hsbc-idINDEE7B40J720111205

 

 7.            Lawmakers Seek Passenger Advocate At Airports Following Elderly Women's Claims of Strip Search: http://www.startribune.com/nation/135400728.html

 

8.            Eleven Retirement Benefit Changes Coming in 2012: http://money.usnews.com/money/retirement/articles/2011/12/05/11-retirement-benefit-changes-coming-in-2012

 

9.            Five States That Are Bad For Retirees: http://www.forbes.com/sites/investopedia/2011/12/05/five-states-that-are-bad-for-retirees/

 

 10.   A Slow Exodus From Nursing Homes: http://newoldage.blogs.nytimes.com/2011/12/06/an-exodus-from-nursing-homes/

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

amurphy@lawschool.gonzaga.edu<mailto:amurphy@lawschool.gonzaga.edu>

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

 

GAO report addresses issues of access to vaccinations for Part D beneficiaries

Here's a summary:

Many of the almost 22 million Medicare beneficiaries age 65 and older who were enrolled in Medicare Part D in 2009 did not receive the routinely recommended vaccinations covered by Part D. CDC national survey data for 2009 show that 11 percent of Medicare beneficiaries age 65 and older had received a shingles vaccination and 53 percent had received a Td (tetanus and diphtheria) vaccination—the routinely recommended vaccinations covered under Part D. Medicare data for 2007 through 2009 show that relatively few Part D beneficiaries received these vaccinations under Part D—5 percent for shingles and less than 1 percent for Td or Tdap (which includes protection against pertussis). These data suggest that beneficiaries either received vaccinations prior to enrolling in Medicare or, once enrolled, used other health coverage or paid out of pocket for these vaccinations.

A multitude of factors affect beneficiaries’ access to routinely recommended Part D-covered vaccinations, particularly the low percentage of physicians and pharmacies that stock the relatively new shingles vaccine. Most physicians do not stock the shingles vaccine due to factors such as the cost of purchasing a supply and Part D billing challenges. More than half of physicians refer beneficiaries to pharmacies to purchase the vaccine—which may require beneficiaries to transport the vaccine back to the physician to be administered. Physicians recommend shingles vaccinations less often than other vaccinations, and even when they recommend them, beneficiaries often decline them. At the same time, due in part to a limited supply of the shingles vaccine, only about one-third of pharmacies nationwide stock it. Beneficiaries’ cost sharing—which averaged $57 for a shingles vaccination in 2009—and challenges with obtaining reimbursement from Part D plans were other reported deterrents to beneficiaries’ obtaining Part D vaccinations.

Many stakeholders—government agencies, advisory bodies, and professional organizations—have raised concerns about the administrative challenges associated with Part D and have recommended actions to improve access to Part D vaccinations. The Centers for Medicare & Medicaid Services has issued guidance on a number of approaches to help address administrative challenges, but stakeholders report that additional steps are needed, including broader use of web-based systems, that could provide real-time access to allow physicians to verify beneficiary coverage and bill Part D plans.

Recommendation: To help improve the ability of Medicare beneficiaries to obtain routinely recommended vaccinations, the Administrator of CMS should explore options and take appropriate steps to address administrative challenges, such as physicians’ difficulty in verifying beneficiaries’ coverage and billing for Part D-covered vaccinations.

Agency Affected: Department of Health and Human Services: Centers for Medicare and Medicaid Services

Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Access this report.

AALS Aging and the Law Listserv for December 11, 2011

One of my favorite former students recently lost his grandmother. He posted a picture of her (with him) on Facebook and wrote the following: Rest peacefully, grandma. I'm glad you're not hurting any more. I'll miss you dearly. It just touched me so much, so I wanted to share the picture (with his permission). Thanks, Ben!

1. A Contract to Stop Driving: http://newoldage.blogs.nytimes.com/2011/11/30/a-contract-to-stop-driving/?ref=elderly

2. Surprise: Jobless Rate Falls to 8.6 Percent: http://www.aarp.org/work/job-hunting/info-12-2011/unemployment-rate-falls.html?intcmp=DSO-HP-SL1

3. The Social Security Spousal Benefit: http://www.forbes.com/sites/advisor/2011/11/28/the-social-security-spousal-benefit/

4. Elderly Patients Over-Prescribed Anti-Psychotic Drugs, Concerns About Overuse On Nursing Home Patients: http://www.nydailynews.com/life-style/health/elderly-patients-over-prescribed-anti-psychotic-drugs-concerns-overuse-nursing-home-patients-article-1.985862

5.  Key Money Issues for Seniors in 2012: http://money.usnews.com/money/blogs/the-best-life/2011/11/30/6-key-money-issues-for-seniors-in-2012

6. New Zealand Court Sentences Assisted Suicide Scientist: http://www.bbc.co.uk/news/world-asia-15866983

7. Insurance Brokers' Fees Won't Count As A Health Care Expense: http://www.npr.org/blogs/health/2011/12/02/143053003/insurance-brokers-fees-wont-count-as-a-health-care-expense?ps=sh_sthdl

8. 93-Year Old Great-Grandmother Who Sold 1,300 Suicide Kits Pleads Guilty to Tax Charges: http://taxprof.typepad.com/taxprof_blog/2011/12/93-year-old-great-grandmother.html

9. Not Ready To Die, But Prepared: http://www.latimes.com/news/local/la-me-1204-lopez-hospice-20111204,0,3841288.column

10. Geriatric Doctor Doesn't Shy From Tough Talk: http://www.latimes.com/health/la-me-1127-lopez-dorio-20111127,0,7445637.column

11. Joining The Dementia Network, And Finding Gratitude: http://www.npr.org/blogs/13.7/2011/12/08/143215746/joining-the-dementia-network-and-finding-gratitude?sc=fb&cc=fp

12. The Biggest Challenge to Alzheimer's Disease Research: http://blog.alz.org/the-biggest-challenge-to-alzheimers-disease-research/

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

amurphy@lawschool.gonzaga.edu

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

 

AALS Aging and the Law Listserv for December 6, 2011

Member News: Professor Kenney F. Hegland, the James E. Rogers Professor Emeritus of Law at the University of Arizona has (with Paul Bennett – Clinical Professor of Law and Co-Director of the Child and Family Law Clinic) just completed a book entitled “A Short and Happy Guide to Being a Lawyer.” He and Arizona attorney Robert Fleming are considering writing a “Short and Happy” book on Elder Law. He is interested in which schools offer an Elder Law course and if members might be interested in such a book. It would be short and reasonably priced ($15). Please let Kenney know if your school offers an Elder Law course and whether you might be interested a book of this type. He is available at: kfh@email.zrizona.edu.

1. NJ Guardianship Lawyer and Former Law Office Paralegal Indicted in Alleged $800K Theft from Wards: http://www.abajournal.com/news/article/nj_guardianship_lawyer_and_former_law_office_paralegal_indicted_in_alleged_/

 2. Talking Turkey About Aging and Retirement: http://money.usnews.com/money/blogs/the-best-life/2011/11/23/talking-turkey-about-aging-and-retirement

 3. The Holiday Reality Check: http://newoldage.blogs.nytimes.com/2011/11/25/the-holiday-reality-check/

 4. Year-End Tax Planning Tips for Seniors: http://money.usnews.com/money/blogs/the-best-life/2011/11/21/year-end-tax-planning-tips-for-seniors

 5. The Life Reports II: http://www.nytimes.com/2011/11/29/opinion/brooks-the-life-reports-ii.html?_r=2&nl=todaysheadlines&emc=tha212

 6. A Conversation Many Doctors Won’t Have: http://newoldage.blogs.nytimes.com/2011/11/16/a-conversation-many-doctors-wont-have/

7. UK Elderly's Human Rights 'Being Breached' - Study: http://www.france24.com/en/20111123-uk-elderlys-human-rights-being-breached-study

 8. No New Homes for Poorest Older Adults: http://www.aarp.org/home-garden/housing/info-11-2011/no-new-homes-for-poorest-older-adults.html

 9. Video - Growing Old Openly Gay: http://www.cnn.com/video/?hpt=hp_c2#/video/us/2011/11/29/ia-rareviews-gay-seniors.cnn

 10. Video - Man Learns To Read At 96, Writes Book: http://www.cnn.com/video/?hpt=hp_c3#/video/us/2011/11/21/hln-man-learns-to-read-at-96-writes-book.wtic\

 11. The Boomers Are Coming: Older People are a Larger Portion of U.S. Population: http://www.nytimes.com/2011/12/02/us/census-finds-larger-portion-of-older-people.html?_r=1&src=rechp

Ann Murphy

Professor, Gonzaga University School of Law

Second World Congress on Adult Guardianship--CALL FOR PAPERS!

2nd World Congress on Adult Guardianship
Website

Guardianship and the United Nations Disabilities Convention:
Australian and International Perspectives

Melbourne, Australia: 15-16 October 2012

Hilton on the Park Hotel, Melbourne

(with optional workshops on 17 October)

First & last call for abstracts


Hosted by AGAC

In association with

IGN

Bringing together Australian and International experts in the ageing, disability and guardianship fields, this congress will consider the effect of the United Nations Convention on the Rights of Persons with Disabilities on national and international guardianship laws and practices.

The congress will provide an opportunity to assess the impact of the Convention in reforming Australian and International guardianship laws and practices six years after its adoption by the UN General Assembly and four years after ratification by Australia.

Your hosts will be the Australian Guardianship and Administration Council (AGAC), whose members are the key state and territory guardianship authorities and institutions (members include public advocates, public and adult guardians, public and state trustees, and boards and tribunals with guardianship jurisdictions). The congress is being developed in association with the International Guardianship Network (IGN).

Free teleconference Dec. 6th on Resident Directed Care--courtesy National Consumer Voice for Quality Long-Term Care

Residents of Nursing Homes:
Join us December 6th for a free conference call on Resident-Directed Care!

This call is exclusively for residents of nursing homes - if you are not a resident, please help us spread the word by promoting this call to your networks!

When: Tuesday December 6, 2011 from 2-3pm ET

How: To join this call, simply dial: 1(800) 945-0427. Participation is limited and is on a first come, first served basis, so please dial in 10 minutes early.

Click on the links below to access the call agenda and handouts:

    Agenda
    Call Handouts

What: This call will provide basic information for residents looking to be their own health care advocates and will include information on care planning and other ways residents can get involved as active participants in their health.

The National Consumer Voice for Quality Long-Term Care is hosting this free national conference call for residents of nursing homes as part of a two-call series. Residents can join the call on their own, with their resident council or with another group of residents using speakerphone! These calls are only open to nursing home residents.  Participation is limited and is on a first come, first served basis.

Please direct any questions to Alia Murphy, program and development assistant, at amurphy@theconsumervoice.org or 202-332-2275, ext. 222.

Support for resident participation in this conference call series is provided in partnership with Kendal affiliates, including Kendal and Kendal Outreach.

Webinar Dec. 14: Updates on Medicare "observation status" issues

Observation Status and its Impact on SNF Coverage – An Update.

December 14, 2011, 2:00 PM Eastern

Register now for important updates on the nationwide problem of observation status in acute care hospitals. Medicare beneficiaries are placed in hospital beds and receive medical and nursing care, diagnostic tests, treatments, medications, and food for multiple days, but they are called outpatients, not inpatients. The result is a huge financial burden, particularly for beneficiaries who need post-hospital care in a skilled nursing facility and are told they did not have a qualifying three-day in-patient hospital stay. CMS' refusal to alter this policy has led advocates to litigate the issue, which will also be discussed.  The webinar will be presented by Center for Medicare Advocacy Policy Attorney Toby Edelman, Attorney Terry Berthelot, and Litigation Director Gill Deford.

Register now at: https://salsa.democracyinaction.org/o/777/p/salsa/event/common/public/?event_KEY=72136  

 

Issues to be discussed include: 

• A new federal Class Action lawsuit filed to challenge this practice
• The scope of the problem and its causes
• How to pursue an administrative appeal
• Strategies for legislative and administrative advocacy

The Seminar is December 14, 2011 at 2:00 pm EST, and will last one hour.

 

Cost is only $99.00 per site – so invite your friends!

 

No other organization will match our depth of information, insider knowledge, and practical tips. Register now! Space is limited. 

 

Register at: https://salsa.democracyinaction.org/o/777/p/salsa/event/common/public/?event_KEY=72136
 

AALS Aging and the Law Listserv for November 27, 2011

The Descendants. Features the Rule Against Perpetuities, Trustee Duties, and an Advance Directive - see http://www.imdb.com/title/tt1033575/

1.            Pass The Turkey With A Side Of Celebrity Estate Planning Stories: http://www.forbes.com/sites/trialandheirs/2011/11/14/what-do-kim-kardashian-and-michael-jackson-have-to-do-with-thanksgiving/

2.            Pass The Turkey With A Side Of MORE Celebrity Estate Planning Stories: http://blog.trialandheirs.com/celebrities/pass-the-turkey-with-a-side-of-more-celebrity-estate-planning-stories

3.            Court Of Protection Should Be Open To Public Scrutiny, Says Leading Judge: http://www.guardian.co.uk/law/2011/nov/06/court-of-protection-public-scrutiny

4.            2011 National Guardianship Summit Guardians Standards and Recommendations: http://www.guardianshipsummit.org/wp-content/uploads/2011/11/summit-statement-definitions-standards-recommendations-11-11.pdf

5.            Ask the Elder Law Attorney: Family Loans: http://newoldage.blogs.nytimes.com/2011/11/15/ask-the-elder-law-attorney-family-loans/

6.            On The College Gridiron, Grandad Lives A Dream, Offers A Lesson: http://www.cnn.com/2011/11/20/us/football-oldest-college-kicker/index.html?hpt=hp_c3

7.            Deciding When to Take Social Security: http://money.usnews.com/money/blogs/On-Retirement/2011/11/14/deciding-when-to-take-social-security

8.            Reduce Driving to Save Money in Retirement: http://money.usnews.com/money/blogs/On-Retirement/2011/11/10/reduce-driving-to-save-money-in-retirement

9.            CMS Ramps Up Anti-Fraud Claims, Enrollment Scrutiny: http://www.healthcarefinancenews.com/news/cms-ramps-anti-fraud-claims-enrollment-scrutiny

10.          Survey: More Expecting To Retire In Their 80s: http://hosted.ap.org/dynamic/stories/U/US_RETIREMENT_SURVEY?SITE=OHALL2&SECTION=HOME&TEMPLATE=DEFAULT

11.          A Family's Billions, Artfully Sheltered: New York Times article by David Kocieniewski (11/27/2011): http://www.nytimes.com/2011/11/27/business/estee-lauder-heirs-tax-strategies-typify-advantages-for-wealthy.html

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

amurphy@lawschool.gonzaga.edu

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

 

Advancing Effective Communication, Cultural Competence, and Patient- and Family-Centered Care for the Lesbian, Gay, Bisexual, and Transgender (LGBT) Community - A Field Guide

Advancing Effective Communication, Cultural Competence, and Patient- and Family-Centered Care for the Lesbian, Gay, Bisexual, and Transgender (LGBT) Community A Field Guide

A new field guide from the Joint Commission urges US hospitals to create a more welcoming, safe, and inclusive environment that contributes to improved health care quality for lesbian, gay, bisexual, and transgender (LGBT) patients and their families.  The field guide features a compilation of strategies, practice examples, resources, and testimonials designed to help hospitals in their efforts to improve communication and provide more patient-centered care to their LGBT patients.  The guide, Advancing Effective Communication, Cultural Competence, and Patient- and Family Centered Care for the Lesbian, Gay, Bisexual, and Transgender (LGBT) Community, was developed with support from the California Endowment and is available for free download

here.

AALS Aging and the Law Listserv for November 20, 2011

Interesting (and disturbing) piece on National Public Radio on Sunday, November 20, 2011. All Things Considered - "For Retirees, Selling Pensions A Risky Bet." It is a story about those with financial problems selling the rights to future pension payments. You may listen to the story at: http://www.npr.org/2011/11/20/142571356/for-retirees-selling-pensions-a-risky-bet 1.      Supreme Court Sets Historic Showdown For Health Law:http://www.npr.org/blogs/health/2011/11/14/142314466/supreme-court-sets-historic-showdown-for-health-law?ps=sh_sthdl 2.      Could It Be Alzheimer's? http://www.parade.com/health/2011/11/could-it-be-alzheimers.html 3.      National Alzheimer's Project Act: https://gemweb.gonzaga.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAADjeVwIbY2rT5WvRdjBjbW6BwCGZJqbhybpTqqNbB6sZbRyAAAKwZfcAADsXAhtHFRQToohiWqWsPwaAAAAAd%2b2AAAJ 4.      Many Boomers Avoid Living Wills, Say They’re Young: http://www.washingtontimes.com/news/2011/nov/16/many-boomers-avoid-living-wills-say-theyre-young/?utm_source=RSS_Feed&utm_medium=RSS 5.      Fixed Annuities: The Missing Piece of Your Retirement Planning Puzzle? http://money.usnews.com/money/blogs/the-smarter-mutual-fund-investor/2011/11/14/fixed-annuities-the-missing-piece-of-your-retirement-planning-puzzle 6.      Pregnant Teen, Elderly Woman Among Pepper Sprayed: http://hosted.ap.org/dynamic/stories/U/US_OCCUPY_SEATTLE?SITE=VAWAY&SECTION=HOME&TEMPLATE=DEFAULT 7.      Greenhouse Gas Emissions Could Fall as Population Ages: http://health.usnews.com/health-news/family-health/boomer-health/articles/2011/11/10/greenhouse-gas-emissions-could-fall-as-population-ages 8.      Oil Boom Raises Rents In ND, Pushes Seniors Out: http://hosted.ap.org/dynamic/stories/U/US_SENIORS_MOVING_OUT?SITE=OHLIM&SECTION=HOME&TEMPLATE=DEFAULT 9.      Baby Boomer Retirement Plans Missing Crucial Piece: http://money.usnews.com/money/blogs/On-Retirement/2011/11/11/baby-boomer-retirement-plans-missing-crucial-piece 10.     Preventing Hospital Delirium: http://newoldage.blogs.nytimes.com/2011/11/11/preventing-hospital-delirium/
C

 

A "perfect storm" for estate planning

Politics, the weak economy and low interest rates have combined to create one of the best environments for estate planning in a generation, according to experts. “If individuals are trying to transition assets to the next generation, we currently have a perfect storm — in a good sense — to do it,” said David Scott, vice president of advanced sales for Penn Mutual Life Insurance Co.  The elements of that perfect storm begin with a $5 million exemption from estate taxes ($10 million for married couples), which was part of the Middle Class Tax Relief Act of 2010 enacted in December. The value of real estate assets and securities are at low levels, making it more attractive to give such assets to other individuals. And with interest rates near zero, wealthy clients also can make loans to their children and to trusts at a very low cost.

The Republicans, fresh off their midterm-election victories last year, agreed to reinstate the estate tax for 2011-12, after it had lapsed in 2010, but raised the exemption to $5 million per person and $10 million for married couples. The unused portion of the exemption is portable between spouses as long as an estate tax return is filed within nine months of a person's death. The tax rate on amounts over that threshold is 35%.

Source/more:  Investment News (requires registration)

AALS Aging and the Law Listserv for November 13, 2011

MEMBER NEWS: Rebecca Morgan, Boston Asset Management Chair in Elder Law and Director, Center for Excellence in Elder Law at Stetson University College of Law is presenting at a Washington State Bar Association CLE on "Drafting and Using the Special Needs Trust" on November 28, 2011.

 

  

1.                 A 'Perfect Storm' For Estate Planning: http://www.investmentnews.com/article/20111106/REG/311069989  

2.                 Baby Boomers: Aging Population Casts Light On Geriatrics Shortage: http://www.huffingtonpost.com/2011/11/05/baby-boomers-aging-_n_1077715.html 

  

3.                 How to Calculate Your Retirement Number: http://money.usnews.com/money/blogs/planning-to-retire/2011/11/04/how-to-calculate-your-retirement-number 

 

 

4.                 Most Americans Don’t Prepare for Long-Term Care Planning, Survey Says: http://www.fa-mag.com/fa-news/9046-most-americans-dont-prepare-for-long-term-care-planning-survey-says.html 

 

 

5.                 A Nursing Home Shrinks Until It Feels Like a Home: http://www.nytimes.com/2011/11/01/health/shrinking-the-nursing-home-until-it-feels-like-a-home.html?_r=1

 

6.                  Sputtering Recovery Adds 80,000 Jobs - A mixed picture for 55-plus workers: http://www.aarp.org/work/job-hunting/info-11-2011/employers-add-jobs-unemployment-rate-unchanged.html?intcmp=DSO-HP-SL1

 

 

7.                 Settlement Prompts Fear About Cuts to Medicaid: http://www.nytimes.com/2011/11/05/nyregion/medicaid-settlement-in-new-york-prompts-fears-about-cuts.html?_r=1&ref=elderly

 

 

8.                 Adults With Autism Speak Out: http://www.usatoday.com/news/nation/story/2011-11-06/autism-adults/51089566/1

 

 

9.                 Hard Times for Gay Retirement Havens: http://www.nytimes.com/2011/10/29/us/gay-retirement-communities-struggling-in-the-recession.html?ref=elderly

 

 

10.            New Way to Tally Poor Recasts View of Poverty: http://www.nytimes.com/2011/11/08/us/poverty-gets-new-measure-at-census-bureau.html?_r=1&ref=elderly

 

 

11.            Alzheimer's Murder Mystery Wins Medical Lit Prize: http://www.npr.org/templates/story/story.php?storyId=142185285

 

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

amurphy@lawschool.gonzaga.edu

  WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

 

 

New AARP report addresses older investers with diminished capacity

AARP’s Public Policy Institute today released a new research report focusing on older investors with diminished capacity—and how financial services professionals can best meet their needs. 

Older people are increasingly responsible for their own retirement security in an era of defined contribution plans and other forms of “do-it-yourself” retirement.  Financial capacity is the first kind of decision-making capacity to decline with the onset of dementia and other causes of cognitive impairment.  Are financial services industries prepared for the age boom and increased incidence of diminished capacity?

This report includes extensive background information on diminished financial capacity, the risk of financial exploitation, and the financial professionals who serve older clients. It shares results of a national survey of financial professionals and an interdisciplinary roundtable about current practices, protocols and needs—and makes recommendations for federal and state policy-makers, industry, aging organizations and other stakeholders.  You can find the report at:

http://www.aarp.org/money/investing/info-11-2011/diminished-capacity-investor-protection.html 

Senior Faculty Legal Issues Under Disability Discrimination Law Webinar

Faculty members increasingly claim discrimination on the basis of disability in connection with adverse employment decisions. Disability claims can arise in the context of employment, tenure, and promotion decisions. To what extent have the elimination of mandatory retirement, the difficulty of measuring faculty performance, force/cost reduction initiatives and a shaky economy combined to fuel this trend? The law has become complex, and the risks of being out of compliance are accelerating. Join us as a leading national expert in disability law guides you to develop better practices for your institution.   

This webinar will cover: 

• The definition of disability
• How to determine if a faculty member is or remains "qualified" for disability law purposes
• What are reasonable accommodations
• Setting proper expectations for faculty performance and productivity
• Good practices in disability law procedures
• Good practices for documentation
• Recent regulatory/statutory changes and developments, including the 2008 amendments
• Important recent judicial decisions
• What may be coming next in the evolution of disability law and faculty employment
• The uniqueness of academic employment requires regulators and the courts to tailor disability law to higher education

» Register Online
» Faculty

AALS Aging and the Law for November 6, 2011

1. Bifocal, Journal of the ABA Commission on Law and Aging, September – October 2011: http://www.americanbar.org/content/dam/aba/publications/bifocal/oct_11_aba_bifocal_j.authcheckdam.pdf

2. Another Hospital Hazard for the Elderly: http://newoldage.blogs.nytimes.com/2011/11/02/another-hospital-hazard-for-the-elderly/#more-10591

3. Feds Break up $18 million Medicare Scam, Arrest 16 in Raids on Los Angeles-area Pharmacies: http://hosted.ap.org/dynamic/stories/U/US_PHARMACY_SCAM?SITE=INKEN&SECTION=HOME&TEMPLATE=DEFAULT

4. Long-Term Care Costs Rise at Faster Pace, MetLife Says: http://www.businessweek.com/news/2011-10-26/long-term-care-costs-rise-at-faster-pace-metlife-says.html

5. Federal Officials Target Medicare’s Poor-Performing Drug Plans: http://www.washingtonpost.com/politics/2011/10/24/gIQAXdo5GM_story.html?wpisrc=emailtoafriend

6. Video - GPS Shoes Track Dementia Patients: http://www.cnn.com/video/#/video/health/2011/10/27/nr-cohen-gps-shoes.cnn

7. Japan May Soon Lose Its Top Longevity Ranking: http://www.msnbc.msn.com/id/44333098/ns/health-aging/#.TrC0WGC61ck

8. Toyota Shows Machines to Help Sick, Elderly Move: http://hosted.ap.org/dynamic/stories/A/AS_JAPAN_TOYOTA_ROBOTS?SITE=KVUE&SECTION=HOME&TEMPLATE=DEFAULT

9. L’Oreal Heiress, Liliane Bettencourt, Subject to Guardianship: http://blog.trialandheirs.com/celebrities/loreal-heiress-liliane-bettencourt-subject-to-guardianship; and http://www.telegraph.co.uk/news/worldnews/europe/france/8831431/LOreal-heiress-Liliane-Bettencourt-placed-under-protection-of-family.html

10. 4 Elderly Men Accused in US Terror Plot: http://newsinfo.inquirer.net/87495/4-elderly-men-accused-in-us-terror-plot

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

amurphy@lawschool.gonzaga.edu

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/