PA Elder, Estate & Fiduciary Law Blog

Federal Elder Abuse Victims Act: Enfolded

2009-11-23T00:45:00.008-05:00

On October 21, 2009, several U.S. Senators introduced a proposed federal "Elder Abuse Victims Act (S. 1821)" as a "companion" Senate bill to one adopted earlier this year by a vote of 397 to 25 in the House, known as the Elder Abuse Victims Act (H.R. 448), introduced by Congressman Joe Sestak (D-PA). It appears that key provisions of this legislation have become enfolded into the pending Health

Laws.com Focuses on Abuse Crimes

2009-11-20T17:20:00.005-05:00

There are many websites that provide legal information to consumers and professionals. While one with a great domain name -- Laws.com -- is expanding, its staff contemplates how to educate too.Their cause: reduction of personal physical abuse, and celebration of heroes who oppose violence.Over the past few weeks, some of those staff members, like Nick Fox and Dominic Sebahia, contacted me about

OC Judges Run for Superior Court on Nov 3rd

2009-11-01T16:00:00.003-05:00

In Pennsylvania's 2009 Municipal Election to be held on Tuesday, November 3, 2009, voters interested in elder, estate, trust or other fiduciary matters should note (and hopefully vote for) two highly qualified Common Pleas judges with extensive Orphans' Court experience who are candidates for Superior Court -- Judge Anne E. Lazarus and Judge Paula Ott.Judge Anne E. Lazarus, of Philadelphia, is

"Charitable Giving: Past, Present & Future" at PSU's Hershey Medical Center

2009-10-28T23:50:00.005-04:00

On Thursday afternoon, October 29, 2009, beginning at 4:30 pm, Penn State University and the Milton S. Hershey Medical Center, will hold a reception and then a one-hour presentation entitled Charitable Gift Planning at the Hershey County Club, in its Picard Grand Pavilion, 1000 E. Derry Road, Hershey, PA 17033.The reception is hosted by Harold L. Paz, M.D., Senior Vice President for Health

"Law of the Aged" Web Links

2009-10-23T06:30:00.000-04:00

The Duquesne University Center for Legal Information, which is also the website for the Allegheny County Law Library, lists useful links and resources on its web page dedicated to the "Law of the Aged." These include:Web Sites MegaLaw - Elder Law

PA Bar Association's "Senior Guide" Reissued

2009-10-19T13:30:00.004-04:00

In September, 2009, the Pennsylvania Bar Association issued its 2009 Guide to Legal Issues for PA Senior Citizens, available free in PDF format on its website and by request in printed form.This annually-revised guide, developed by the Senior Lawyers Committee of the PBA, provides information about legal issues faced by Pennsylvania's older residents and their caregivers. The information provided

Special Needs Trusts Address Long-Term Disabilities

2009-09-01T06:30:00.003-04:00

On August 19, 2009, Michael A. Cassidy, Esq., of Tucker Arensberg, P.C., posted an entry on the Med Law Blog, entitled "Special-needs trusts can provide for disabled children."He highlighted an article of the same title published the day before by the Pittsburgh Post-Gazette. I repost it, since the topic is so important to families of disabled or handicapped children, and the article is

How I Survived My Summer Vacation

2009-08-31T14:35:00.005-04:00

I have not posted on this Blog since July 20th, because I could not. Two days later, while on vacation in Ocean City, Maryland, I experienced a sudden and severe accident in the surf that resulted in emergency spinal surgery at the University of Maryland's "R. Adams Cowley Shock Trauma Center", in Baltimore. Since July 30th, I've been recovering at home.The surgeon, Dr. Bizhan Aarabi and his

New Cause of Action under FINRA Found

2009-07-20T15:45:00.003-04:00

A decision issued on June 30, 2009, by a three-judge panel of the U.S. Third Circuit Court of Appeals, in Sarah Grammer v. John J. Kane Regional Centers-Glen Hazel (PDF, 23 pages), likely will impact nursing home and rehabilitation facilities that provide care subject to the Federal Nursing Home Reform Amendments (FNHRA). The decision reversed a ruling by the United States District Court for

Proposed New PA "Department of Aging and Long-Term Living"

2009-07-17T06:30:00.001-04:00

A brief news item entitled "Bill would expand Aging department's oversight" by Scott Gilbert, posted on July 16, 2009, by WITF (Harrisburg, PA), noted the proposed restructuring of the Pennsylvania Office of Long Term Living (OLTL) into the Pennsylvania Department of Aging (DoA)All long-term living facilities, for seniors and younger people alike, may soon fall under one state agency.The

PA's "Filial Responsibility" Law in the News

2009-07-16T06:30:00.004-04:00

Within the past few days, major media -- the Philadelphia Inquirer and ABC News -- published accounts about Pennsylvania's filial responsibility law, drawing attention to the desperation caused in some families in the Commonwealth who are compelled to support their parents' costly care needs despite their disconnection or their best efforts.The Inquirer, from Philadelphia, published its article,

"Growing Old in America" Report by Pew

2009-07-14T18:00:00.003-04:00

On July 7, 2009, the SmartTalk radio discussion program, offered by Public Broadcasting System affiliate WITF-FM (Harrisburg, PA), presented the topic "The New Generation Gap" with guest Kim Parker, a Senior Researcher at Pew Social & Demographic Trends, of the Pew Research Center.The generation gap. It sounds like a relic of the 1960s when young Americans rebelled against the traditions and

July 24th Deadline for Assisted Living Regs

2009-07-13T06:30:00.001-04:00

The Pennsylvania Assisted Living Consumer Alliance (PALCA) recently updated its website to explain recent developments in proposed assisted living licensure requirements for Pennsylvania, and to announce a July 24, 2009 deadline established by the Pennsylvania Department of Public Welfare, Office of Long-Term Living (DPW) to receive additional comments on proposed regulations.The Pennsylvania

New PA Judicial Center Open for Occupancy

2009-07-10T06:30:00.001-04:00

The newly-constructed Pennsylvania Judicial Center, located in the Capitol complex in Harrisburg, finally is receiving its new occupants.According to a news report entitled "Judicial Center in Harrisburg built to last a lifetime" by Jan Murphy, published in The Patriot-News on December 27, 2008, the PJC was expected to be completed by April, 2009, after nearly three years in

"Creativity" in Elder Law Promoted

2009-07-09T14:00:00.004-04:00

The Elder Law & Consumer Protection Clinic at Penn State/Dickinson Law School issued the Summer, 2009 issue of its newsletter, Adventures in Law and Aging (PDF, 4 pages), with the theme of "creativity" in addressing elder law issues in Pennsylvania.This is the Table of Contents of the Summer 2009 Newsletter:GUARDIANSHIP REFORM: The Need for Creative Approaches to Fiduciary Support, by Professor

Proposed DPW Lien Expansion Opposed

2009-07-02T11:15:00.005-04:00

Since April, 2009, Pennsylvania lawyers carefully followed proposed state legislation (House Bill 1351) that would significantly expand Medicaid recovery beyond the current target -- a recipient's estate after death -- to more targets in which a recipient has a limited or partial lifetime interest. The effects on such other, remote interests in property would be far reaching.Recently, Jeffrey A.

PBA Elder Law Newsletter (Spring, 2009) Available

2009-06-17T16:00:00.002-04:00

In May, 2009, the Elder Law Section of the Pennsylvania Bar Association issued its semi-annual Newsletter, Vol. 8, No. 1 (PDF, 31 pages), containing fifteen articles or notices, to its members.For a limited time, that issue is available publicly on the PBA's website here, in PDF format for viewing or download.The contents of the Spring, 2009 PBA Elder Law Section Newsletter are set forth on its

More "Truth About Probate and Living Trusts"

2009-06-16T17:15:00.007-04:00

The Allegheny County Bar Association and the Pennsylvania Attorney General’s Office will conduct a second, free “Truth About Probate and Living Trusts” Clinic for the public, this time in the North Hills area of Allegheny County, PA (not the North Hills in Montgomery County, PA) on Monday, June 29, 2009.I received word about the scheduled repeat of the public presentation in an email message from

Social Security & Medicare Slipping into the Future

2009-05-21T10:00:00.011-04:00

CNN posted an interview headlined "Medicare is the real danger, not social security" on May 13, 2009, that highlighted the significant slippage in sustainability of the present Medicare and Social Security benefit systems.Unfunded obligations of both Social Security and Medicare are "slipping into the future" faster than previously expected, which demand remedial action now, not later.Bob Weiner

New "Quality Council" to Advise on Independent Living Services

2009-05-14T10:00:00.002-04:00

On May 12, 2009, the Pennsylvania Department of Aging and the Pennsylvania Department of Public Welfare, through its Office of Long-Term Living, announced creation of a new advisory council to focus on "quality management of in-home and community services" provided in the Commonwealth.The DoA's press release, entitled "Council Formed to Advise on Improving Services to Older Adults, People with

Blogging on the Bus

2009-05-07T10:30:00.010-04:00

I'm riding on a bus as I write this blog entry, which illustrates, in just one trip, a few trends affecting elders (and all of us in America) -- changes in employment patterns, in technology, and in mass transit.The bus I'm riding is a Setra, Model S-417 Luxury Coach, assembled in North Carolina by Daimler Buses North America. The operator is RDC Bus Lines, LLC, a small business headquartered in

PBA's Young Lawyers Sponsor "Wills for Heroes"

2009-05-06T11:45:00.005-04:00

In 2009, the Pennsylvania Bar Association, through its Young Lawyers Division, now sponsors a Wills for Heroes program, which "provides no-cost wills, living wills, and health care and financial powers of attorney to first responders and their spouses/partners."The PBA-YLD web page for its "Wills for Heroes" project explains the new project, in planning since last summer:A program cosponsored by

New Advance Directive Form Released

2009-05-05T12:00:00.007-04:00

Recently, Robert B. Wolf, Esq., of Pittsburgh, PA, sent an email alert to his "P & T Hot Tip" recipients and to the Pennsylvania members of the American College of Trust and Estate Counsel regarding a newly-revised Health Care Power of Attorney and Living Will document developed and posted jointly by physicians and lawyers in Western Pennsylvania.With his permission I repost his message, with

Proposed Expansion of PA Medicaid Recovery

2009-05-01T12:30:00.009-04:00

On Friday, May 1, 2009, Katherine Pearson (Professor of Law, Penn State Dickinson School of Law), as Chair of the Pennsylvania Bar Association's Elder Law Section, sent an email message alerting section members that, "[a]s part of a plan to implement Governor Rendell's proposed budget for the Commonwealth, legislation was introduced on April 28 that would significantly affect Medical Assistance (

Real Estate Tax: Reassessments Needed More Often

2009-04-30T09:30:00.004-04:00

On April 29, 2009, the Pennsylvania Supreme Court unanimously held, in a Majority Opinion written by Chief Justice Castille in Clifton, et al. v. Allegheny County, Nos. 20 & 21 WAP 2007 (PDF, 53 pages), that "the base year method of property valuation, as applied in Allegheny County [PA], violates the Uniformity Clause. We therefore agree that a countywide reassessment is required."A Concurring