Monday, February 27, 2012


1. Age Discrimination Suits Jump, But Wins Are Elusive:

 2. Pentagon Budget: Does it Pit Active-Duty Forces Against Retirees?

 3. Tables Reserved for the Healthiest:

 4. As Nursing Home Care Improves, Some Problems Slow to Mend:

 5. Overeating May Double Odds of Memory Loss in Elderly:

 6. Alternatives to the Traditional Funeral:

 7. Number of Older Inmates Grows, Stressing Prisons:

 8. The Employment Situation, January 2012:

 9. Whitney Houston’s Funeral Suggests Trouble Brewing for her Estate:

 10. Federal Funding Announced for Alzheimer’s Disease, News for Those Seeking Social Security Disability Benefits:

 11. Tracking Down Government Aid:

 12. Children Conceived After a Parent's Death Are Challenging Estate Plans and Laws:

 13. Heart Attack Symptoms Differ in Women:

 14. Middle-Aged Dying From Stealthy Hepatitis C, Spurring Debate on Boomer Testing:

 15. Can Florida Millionaire Justify Adopting his Girlfriend?

 16. Doctors 'Disgruntled' And Frustrated By Looming Medicare Cuts:

 17. Government Exploring Options to Encourage Home Care of Elderly Sick (Singapore):

 18. Ontario's Elderly Drivers to Face Tough New Rules:

 19. Senator Bernard (Bernie) Sanders Introduces the Older Americans Act Amendments of 2012, Senate Bill 2037:

Ann Murphy


Gonzaga University School of Law

(509) 313-3735


February 27, 2012 | Permalink | TrackBack (0)

Friday, February 17, 2012


The Health Law Institute at Hamline University School of Law and the Hamline Law Review seek proposals for presentations and papers for our fall Symposium. Our Symposium will examine the problems and solutions to issues currently arising at the intersection of medical law and end-of-life care. Potential topics include, but are not limited to:

  • Legal and medical issues concerning the use of POLST orders, especially in Minnesota;
  • Legal issues involved in end-of-life planning, including advance directives, health care proxies, DNR orders, living wills and the initiation and cessation of artificial support systems (such as artificial nutrition and hydration);
  • A view of the decision-making process in end-of-life cases from the perspective of the parent, the family and the medical provider;
  • Role of lawyers, guardians ad-litem and the courts in end-of-life cases;
  • Applicable legal and medical standards in end-of-life cases;
  • Ethical issues related to the roles of attorneys, medical providers and family members in end-of-life decision-making; and
  • Any other related topics.


Anyone interested in speaking at the Symposium and/or publishing in the Hamline Law Review's Symposium issue should submit a CV and a 500-word abstract to by March 30th, 2012.

A committee will review the abstracts and will invite applicants to speak at the symposium and/or publish in the Hamline Law Review. The committee will base invitations on the relevancy, quality and originality of the abstract. Potential symposium speakers include both scholars and practitioners.

Symposium participants will be provided with travel and accommodation expenses, as well as a modest stipend.

For questions, please contact Health Law Institute Director and Hamline Law Professor Thaddeus Pope at 


February 17, 2012 | Permalink | TrackBack (0)

NGA offers online review course for guardianship certification exam

The NGA Review Course for the national certification exam is available in March as a webinar, offering you a group study experience for the examination right from your own desk using a computer and a toll free phone number.

The deadline to register is February 28.

The webinar study course is scheduled for four successive Tuesdays beginning March 6. All of the one-hour sessions begin at 1:00 pm Eastern Standard Time (Noon, Central; 11:00 am, Mountain, and 10:00 am, Pacific). These virtual review courses are also tentatively planned for late spring and mid-summer.  Participants can register for all four sessions or just those where brush-up training is desired. However, your registration for March must be received by February 28.

NGA Also Has Guides for Independent Study

If you want to prepare for the national certification exam without taking a Review Course or if you plan to register for a Review Course at a later time, you can also purchase a study guide without registering right now for the course. State-specific study guides are also available for California and Florida. NGA does not offer a state-specific study guide for any other state.

Important Reminder:  NGA does not administer the Certification Exams. The Center for Guardianship Certification (CGC), which conducts exams, is an entirely separate organization with a different staff and offices located in a different city than NGA. Registering for NGA's Review Course or ordering study materials does not automatically register you for the exam and vice versa. 

Click Here to Register for the March Review Course

Click Here to Order Study Materials

February 17, 2012 in Elder Abuse/Guardianship/Conservatorship | Permalink | TrackBack (0)

Thursday, February 16, 2012

National Consumer Law Center seeks signatures seeking withdrawal of rule on withholding 100% of SSI payments for back child support.

We are asking that as many groups representing low income, elderly, or disabled recipients of federal benefits sign on to the attached letter. 

We are writing to  Commissioner Astrue of Social Security, asking that the SSA withdraw its support of the Final Rule on Garnishment to  ensure that Social Security recipients are left with some funds on which to survive, even when they owe back due child support. The attached letter explains how under current Treasury rules, 100% of recipients Social Security, SSI and VA funds will be seized for  child support arrearages, unless the rule is changed.

The deadline for signatures is Tuesday, February 21, at close of business. Please send all agreements to sign on to me and Shirlron Williams of the National Consumer Law Center, at

We need the name of the organization and the city and state in which it is primarily located. Individual attorneys who represent these folks are welcome to sign on as well, just specify your capacity (e.g. Attorney representing elderly Social Security recipients, etc.

Please forward this to all relevant list serves and everyone who might be interested in signing on. We need as many signatures as possible.

Thanks very, very much. 


February 16, 2012 | Permalink | TrackBack (0)

Wednesday, February 15, 2012

Consumer Voice hosts two-part Webinar Series on Guardianship, Financial Powers of Attorney, and Advance Care Planning

Join Us for a Two-Part Webinar Series on
Guardianship, Financial Powers of Attorney, and Advance Care Planning

The National Consumer Voice for Quality Long-Term Care (the Consumer Voice) is hosting a two-part webinar series designed to give advocates, ombudsmen, consumers, families, providers and others a deeper understanding of guardianships, financial powers of attorney and advance care planning. Participants will gain a basic understanding of these three important legal protections and how best to work with and support an individual who has a guardian or agent. Suggestions and approaches for handling challenging situations will also be covered.

The series is designed for both beginners and those with advanced knowledge! 

Register Today!

Series Topics and Dates:

  • Guardianship, Financial Powers of Attorney and Advance Care Planning: What You Need to Know (Beginner/Refresher) - March 13, 2012; 3:00 - 4:30pm ET

    Three national experts from the ABA Commission on Law and Aging will provide an overview of guardianship, financial powers of attorney, and advance care planning.  For each of these topics, speakers will present the fundamentals, explain the individual’s rights, and discuss the roles and responsibilities of guardians, agents, nursing home or assisted living providers and staff, ombudsmen, and consumer advocates.

  • Guardianship, Financial Powers of Attorney and Advance Care Planning: Taking it to the Next Level (Advanced) - April 4, 2012; 3:00 - 4:30pm ET

    What do you do when a nursing home resident with unclear decision-making capacity disagrees with her daughter who is the agent?  What happens when a guardian wants to make a decision that the resident adamantly opposes? Members of a panel representing the legal community, advocacy and providers will discuss how to approach and resolve these and other difficult situations.


  • Consumer Advocates: $35 per session or $65 for the series
  • Providers: $99 per session or $175 for the series
  • Recording (mp3 by e-mail): $15 per session or $25 for the series

February 15, 2012 in Advance Directives/End-of-Life, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Property Management | Permalink | TrackBack (0)

Tuesday, February 14, 2012

Consumer Voice solicits signatures in support of fair wage regulations for home care workers

Submit Your Comments to the Department of Labor - Support Giving Home Care Workers Minimum Wage and Overtime;

Respond to Consumer Voice By February 27 at Noon ET

Currently about 1.7 million home care workers are not eligible to receive minimum wage and overtime protections.  The Department of Labor has proposed a rule that would give home care workers these basic protections. 

Increasing wages for home care workers is an important step toward improving the quality of the job.  Improving the quality of the job makes workers' lives better, increases job satisfaction, reduces stress and improves morale - which means better care for consumers.

The Consumer Voice supports this rule and will submit a sign-on letter to the Department of Labor - but we also need as many individuals as possible to comment on why they support this important proposed rule!

HERE to submit comments (it's very easy and we'll help you!).

February 14, 2012 in Health Care/Long Term Care | Permalink | TrackBack (0)

Registration now open for 2012 Colloquium on Guardianship (NGA)

The View From the Summit:

Guardianship in the Next Decade and Beyond

Friday, May 18, 2012

We’ve read the recommendations from the Third National Guardianship Summit that took place in October, and attendees at NGA’s 2012 Colloquium on Guardianship will review those recommendations and learn how to put them into practice.

The day-long exploration of these issues features speakers that have been hand-selected for their high level of proficiency and breadth of knowledge. Each presenter brings skills based on experience and has recognized expertise.

In the past, your peers have called their Colloquium experience “a day well spent” with accolades for the sessions, the quality of the speakers and the exceptional networking. This year’s Colloquium will be no exception.

Featuring a one-day educational schedule and an interesting destination that makes a fun weekend getaway, NGA’s Colloquium is designed to give guardians a quality education and networking experience while minimizing the expense.

 More info and registration materials here.

February 14, 2012 in Elder Abuse/Guardianship/Conservatorship | Permalink | TrackBack (0)

Monday, February 13, 2012

NSCLC Webinar: State Medicaid Cases: Trends and Challenges

This webinar by attorneys from the National Senior Citizens Law Center will identify key budget-driven trends that limit access to critical Medicaid health benefits – particularly home and community services – that serve older adults, including: benefit and service caps, eligibility restrictions, service eliminations, proposals to shift older adult beneficiaries to managed care, and related issues.  It will examine recent legal challenges brought by NSCLC and others with a focus on what those cases can teach us about the promise and potential pitfalls of Medicaid Act and Americans with Disabilities Act (ADA) litigation. Finally, the presentation will cover new challenges to advocacy presented by states’ transition to managed care models of service delivery.    

Eric Carlson, Directing Attorney
Anna Rich, Staff Attorney
Evin Isaacson, Borchard Law and Aging Fellow

Additional sponsorship for this Webinar is provided by a grant from the Administration on Aging.  This webinar is part of a series of National Elder Rights Training Project webinars for the National Legal Resource Center.

There is no charge for this webinar.
All time listings are in Eastern Standard Time.

If you have any questions email

Title:  State Medicaid Cases: Trends and Challenges

Date:  Wednesday, February 29, 2012

Time:  2:00 PM - 3:30 PM EST

After registering you will receive a confirmation email containing information about joining the Webinar.

February 13, 2012 in Medicaid | Permalink | TrackBack (0)

Sunday, February 12, 2012


1. Georgia Court Strikes Down Law Prohibiting Assisted-Suicide:

 2. Obama Boosts Funds For Alzheimer's Research:

 3. How Ethnicity Affects Retirement Savings:

 4. The Pet Problem:

5. Drinking in Assisted Living:

 6. Path Is Found for the Spread of Alzheimer’s:; see also: Study Tracks Alzheimer’s Progression in Mice, Science Friday, February 3, 2012; and Alzheimer’s Disease Spreads By ‘Jumping’ Around the Brain, Study Finds, Huffington Post from Reuters, February 1, 2012.

 7. New Criteria May Change Alzheimer’s Diagnosis:

 8. Anxiety Therapy Doesn't Work As Well In Elderly: Study:

 9. Fewer Beds for Men Entering Nursing Homes:

 10. Avoiding Surgery in the Elderly:

 11.Baby Boomers Plan Their Retirement Careers:

 12. Center for Medicare and Medicaid Innovation Aims to Cut Health-Care Costs:

13. Alzheimer’s Families Seek Help Now as Government Eyes Target of 2025 for Effective Treatment:

14. Five Social Security Changes Coming in 2012:

 15. Veteran Unemployment: Disabled Veterans National Foundation Arms Vets With Job Benefits Information:

 16. CLASS Act Repeal Bill Heads to Full House:

 17. Millions Now Manage Aging Parents' Care From Afar:

 18. Tax Tips for Retirees:

19. With Age, Men May Lose Thinking Ability Faster Than Women:

 20. Michigan State Researchers Identify Parkinson's Triggers:

 21. With Small Devices, Older New Yorkers Gain Independence and Peace of Mind:

22. Many Older Women May Not Need Frequent Bone Scans:

 23. TSA Sets Up Hotline for Air Travelers With Disabilities or Medical Conditions:

 24. The Caregivers’ Bookshelf: An Alzheimer’s Classic:

 25. Medicare Shortchanges Hospitals On Strokes:

 26. Choosing To Die At Home In The UK:

 27. Medicare Plans Recruit Healthy Seniors By Offering Gym Benefits:

 28. Ask the Elder Law Attorney: Disclosures and Loans:

 29. Special Buildings Meet Needs of Those With Memory Loss:,0,3271351.story

 30. Age Discrimination Takes Its Toll:

 31. Estate Tax Lull May Trap Wealthy:

 32. Elderly Can Be as Fast as Young in Some Brain Tasks, Study Shows:

33. The Lessons of Life:

 34. As Baby Boomers Retire, a Focus on Caregivers:

 35. U.S. Wants to Buttress Alzheimer's Arsenal by 2025:

 36. Personal Health: Lifelines for People With Hearing Loss:

 37. CBO: What Happens if Medicare & Social Security Eligibility Ages are Raised?

 38. Why Doctors Can’t Predict How Long a Patient Will Live:

 Ann Murphy


Gonzaga University School of Law

(509) 313-3735



February 12, 2012 | Permalink | TrackBack (0)


1. Granny Dancing Goes Viral:

 2. Helping Where Help Is Wanted:

 3. New Options for Gay Retirees:

 4. Advice From Life’s Graying Edge on Finishing With No Regrets:

 5. Happier Staffers at Nonprofit Nursing Homes:

6. Nicotine “Patches Up” Early Memory Loss In Study:

 7. Mainstream Docs Join Anti-Aging Bandwagon:

 8. At 100 Years Old, An Ohio Doctor Is Still In:

 9. Space Invaders: Seniors Take Over Japan's Arcades:

 10. A Year of Assisted Death in Film:

 11. Cremation, Burial or Body Farm:

Ann Murphy


Gonzaga University School of Law

(509) 313-3735<>





February 12, 2012 | Permalink | TrackBack (0)

Wednesday, February 8, 2012

NSCLC presents free webinar: Supreme Court Cases of the 2012 Term: What's at Stake

Supreme Court Cases of the 2012 Term: What's at Stake


Join us for a Webinar on February 14  


Register Now 


Space is limited.

Reserve your Webinar seat now at: 


Hear about the cases challenging the Patient Protection and Affordable Care Act (ACA), including the challenges to the individual mandate, the Medicaid expansion and the severability of those provisions. Also learn about:


--pending challenge to the enforcement of the Medicaid Act using preemption

--pending preemption challenge to Arizona's immigration law requiring police    

   checks of immigration status.


Time permitting, the Webinar will also address other cases already decided this term regarding preemption, arbitration, and other issues as well as important decisions from the prior term.


Presenters: Rochelle Bobroff, Directing Attorney; Simon Lazarus, Policy Counsel

Title:      Supreme Court Cases of the 2012 Term: What's at Stake

Date:     Tuesday, February 14, 2012

Time:     2:00 PM - 3:00 PM Eastern /11 AM - 12 PM Pacific


After registering you will receive a confirmation email containing information about joining the Webinar. There is no charge for this webinar.

February 8, 2012 | Permalink | TrackBack (0)

Terry Turnipseed (Syracuse) on a different kind of estate Slate...

On Feb. 10, 2010, Palm Beach air-conditioning mogul John Goodman allegedly ran a stop sign. His Bentley convertible struck a Hyundai being driven by Scott Wilson, a 23-year-old civil engineer. Wilson’s car landed in a nearby canal where the young man drowned. The near-billionaire then fled the scene. Police say Goodman had a blood alcohol content of 0.177, twice the legal limit. Not surprisingly, Goodman is being sued by Wilson’s parents for a great deal of money. (He also faces criminal charges that could put him in jail for 30 years).

Fortunately for Goodman, he had set up a very large trust (currently worth “several hundred million dollars” according to Goodman’s attorney) years earlier for the benefit of his two children, with distributions to be dispersed when each child reached the age of 35. West Palm Beach Judge Glenn Kelley ruled early in the Goodman civil lawsuit that the jury could not be told of the large trust’s existence because it might encourage jurors to impose a larger verdict against Goodman, despite the fact that he, in theory, has no control over the trust.


February 8, 2012 in Ethical Issues, Property Management | Permalink | TrackBack (0)

Tuesday, February 7, 2012

Call for proposals-National Aging and the Law Institute

The National Academy of Elder Law Attorneys (NAELA) and co-sponsors of the National Aging and Law Conference (NALC) invite you to submit proposal(s) for the 2012 National Aging and Law Institute: “The Post Election Special Edition.”

Deadline to submit proposals to speak at this conference is March 1, 2012.

Information about the 2012 Institute’s theme and list of suggested topics, criteria for workshop selection, and the RFP form can be found on the NAELA Web site at, *under “Meetings and Events” and select “National Aging and Law Institute” link.   

To submit a proposal complete the RFP form and e-mail it to

NAELA will contact all individuals who’ve submitted a proposal as soon as the Institute Planning Committee completes the review and selection process. All Presenters must agree to the terms and conditions, including registration policy for presenters as stated on the attached form.

February 7, 2012 | Permalink | TrackBack (0)

AoA develops HIV/AIDS toolkit geared towards older adults

Thirty years after doctors diagnosed the first case of AIDS, the number of persons over the age of 50 living with HIV/AIDS continues to increase.   In an effort to reach this population of older Americans, who may not be educated about the spread and risk factors for HIV/AIDs, the Administration on Aging has developed the HIV: Know the Risks. Get the Facts. Older Americans and HIV/AIDS Toolkit, specifically designed for educating the more mature audience.

The kit, developed for use by aging services advocates and other organizations interested in informing seniors, contains easy to use resources, such as posters, a factsheet, a customizable PowerPoint presentation, and video that can be used to educate older adults on how to protect themselves against – or live with – AIDS.

For more information or to access the HIV: Know the Risks. Get the Facts. Older Americans and HIV/AIDS Toolkit visit


February 7, 2012 in Health Care/Long Term Care | Permalink | TrackBack (0)

Administration announces new measures to fight Alzheimer's

The Obama Administration today announced new efforts to fight Alzheimer’s disease, including immediately making an additional $50 million available for cutting-edge Alzheimer’s research. In addition, the administration announced that its Fiscal Year 2013 budget will boost funding for Alzheimer’s research by $80 million.  Today’s announcement also includes an additional $26 million in caregiver support, provider education, public awareness and improvements in data infrastructure.

To read the entire press release, go to

February 7, 2012 in Health Care/Long Term Care | Permalink | TrackBack (0)

Monday, February 6, 2012

Check this Out: University of Iowa's free Elder Law Colloquium, The Aging Population, Alzheimer’s, and Other Dementias: Law and Public Policy

Elder Law Colloquium, The Aging Population, Alzheimer’s, and Other Dementias: Law and Public Policy

An Elder Law Colloquium on The Aging Population, Alzheimer’s, and Other Dementias: Law and Public Policy is being held at the University of Iowa College of Law during the 2012 spring semester. The Colloquium is addressing important legal and public policy issues posed by the rapidly aging population and the dramatic rise in the prevalence of Alzheimer’s Disease (AD)  and other dementias, and it is featuring nationally recognized legal and public policy experts from around the country. The thirteen weekly Colloquium sessions are being live streamed via the internet and video and podcasts of Colloquium sessions are being made available online.

Among the legal and public policy issues that the Colloquium will address are the following:

  • substitute, or surrogate, decision making for older persons  with diminished capacity particularly those  with AD and other dementias,
  • financial exploitation, abuse and neglect of older persons including those suffering from  AD and other dementias,
  • the financing, organization and provision of long term care for older persons suffering from AD and other dementias,
  • the regulation of nursing homes and other facilities and institutions providing care for older persons suffering from AD and other dementias.

The website of the National Health Law and Policy Resource Center at the College of Law has more detailed information about the Colloquium. It contains instructions for live viewing of Colloquium sessions well as information about accessing videos and podcasts of sessions. You also may contact Professor Josephine Gittler ( for further information about the Colloquium.



February 6, 2012 | Permalink | TrackBack (0)

AoA Twitter/call in Q & A TODAY!

At 3:30PM EST today, check out this Twitter Q&A with Jon Carson, Director of the White House Office of Public Engagement, and Kathy Greenlee, Assistant Secretary for Aging at the Department of Health and Human Services.

You will have the opportunity to engage with Jon and Kathy in a real time discussion from the West Wing. Jon will address issues covered during the President’s address at the State of the Union and broader administration policies, and Kathy will answer questions related to health and seniors.

For those who are not able to participate via Twitter, you can call into the conference line.

Please find specific details on how to participate below.

Answering your questions during the Q&A:

Jon Carson (@JonCarson44), Director of the Office of Public Engagement

Kathy Greenlee (@hhsgov), Assistant Secretary for Aging, US Department of Health and Human ervices
Follow along with the Q&A through the hashtag #SOTU or #seniorshealth

Tweet your questions beforehand and during the session to @activeretirees & @NCPSSM and @JonCarson44 & @hhsgov’s Kathy Greenlee


NUMBER: (800) 230-1096
PASSWORD: White House Twitter Q&A

February 6, 2012 | Permalink | TrackBack (0)

Friday, February 3, 2012

Call for Proposals: NGA Annual Meeting October 2012

Call for Presentations!

2012 National Conference on Guardianship
October 20 – 23, 2012 in Portland, OR

Deadline is March 2

Please go here for detailed information about this Call for Presentations for the NGA’s National Conference on Guardianship. You are encouraged to forward this information to other people who you believe have important knowledge, opportunities, or ideas to share at the 2012 NGA Conference on Guardianship.

Topic Ideas
The NGA membership covers the gamut of guardianship work and we are hoping to balance the 2012 program among the various populations and types of cases served. We are particularly interested in topics in the following
areas, though all proposals will be considered:
•    Developmental Disability Programming and Person-Centered Planning
•    Traumatic Brain Injury: Understanding the Issues
•    Mental Illness: Advances in Treatment, New Medications, etc.
•    Dementia: Clinical Presentation or Management of Difficult Behavior
•    Capacity Assessment Estate Management
•    Establishing a Private Guardianship Business.
•    Public Guardianship: Trends and Issues
•    Ethics: End of Life Decisions
•    Ethics: Conflicts of Interest for Guardians and Attorneys
•    Alcohol/Drug Addiction in Older Adults
•    Working with Difficult Families
•    Tax issues for Guardians and Clients
Proposals will only be accepted by email (
Call 877-326-5992 for more information.

Proposals will be reviewed by the program committee and selected upon the criteria of overall quality, originality, CEU applicability, and appropriateness to this program. Presenters will be notified of their acceptance by the beginning of April.

February 3, 2012 in Elder Abuse/Guardianship/Conservatorship | Permalink | TrackBack (0)

Wednesday, February 1, 2012

New HUD rule will protect LGBT elderly and other families

On Saturday, January 28th, Department of Housing and Urban Development (HUD) Secretary Shaun Donovan made history when he unveiled HUD's LGBT Equal Access policy—a new rule that will protect more than 5.5 million people across the country from discrimination in public housing and Federal Housing Administration (FHA)-insured mortgages.

The new rule will improve the lives of LGBT people and families across the country—and marks the first time that any administration has extended such broad protections against housing and mortgage discrimination to the LGBT community.

The rule will be published this week and go into effect 30 days later.  It will prohibit all owners and operators of HUD-assisted or HUD-insured housing from discriminating against an applicant or occupant of a residence based on sexual orientation, gender identity, or marital status.

HUD-assisted and HUD-insured housing account for a large segment of all of housing opportunities. The rule also prohibits all lenders offering FHA-insured mortgages from considering sexual orientation or gender identity in determining a borrower’s eligibility. FHA-insured mortgages represent a very large share—between 40% and 50% of the mortgage market.

The rule also clarifies the definition of “family” to ensure that otherwise eligible participants in any HUD programs will not be excluded based on marital status, sexual orientation, or gender identity. These programs, including crucial public housing programs like Section 8, will now be accessible to all LGBT individuals and families.

Read more.

February 1, 2012 | Permalink | TrackBack (0)