Elder Law Prof Blog

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 [email protected] 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

[email protected]

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

[email protected]

  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

[email protected]

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

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

 

 

Love of Car: Transportation As We Age

The TV program “Love of Car: Transportation as we age” coproduced by the MInnesota Gerontology Society and tpt (Twin Cities Public Television) recently won a Bronze Medal from the national Mature Media Awards has attracted the attention of the producers of “Next Avenue”. Next Avenue will be a national website associated with PBS and aimed at aging boomers.  “Love of Car” will be highlighted on the first show of the website. As described on the First Avenue website place holder: “Just as Sesame Street has helped two generations of children to flourish with its unique combination of information and entertainment, Next Avenue will educate and connect America’s older population, helping them unleash their full potential as they grow older”. For more description on this exciting upcoming national resource, visit http://www.prnewswire.com/news-releases/public-broadcasters-to-launch-next-avenuesm-multimedia-initiative-to-super-serve-and-engage-baby-boomers-103620369.html   Next Avenue is scheduled to launch early in 2012.