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New York Law Journal

Large Premium Increases Cause Predicament For Long-Term Care Insurance Policyholders

Decades ago, seniors purchased private long-term care insurance rather than rely upon their own savings or Medicaid. Many of them are now receiving letters raising their premiums to levels that they can no longer afford. They are offered a bewildering series of options including maintaining their coverage or reducing their benefits. The analysis is so complicated that many seniors are seeking advice from elder law attorneys.
6 minute read

New York Law Journal

Our Goal Is to Protect the Elderly and Disabled

Fern Finkel, chair of the Elder Law and Special Needs Section, writes: This year, 11 of our executive committee section members have seats on Governor Kathy Hochul's Master Plan on Aging, enabling us to further contribute to the roadmap for resolving some of the issues that confront our seniors and persons with special needs.
4 minute read

The Legal Intelligencer

Saxton & Stump Set to Absorb Pa. Litigation Boutique in New Year

Dietrich Law, with three attorneys, has a focus on representing senior care facilities.
4 minute read

New York Law Journal

Mandatory Payroll Tax Proposed for Long-Term Custodial Care

The New York Long Term Care Trust Program was proposed to address the issue of long-term care insurance through a mandatory payroll tax. Although not enacted, the bill signals a willingness to consider a fundamentally new approach to this issue.
5 minute read

Texas Lawyer

Texas Supreme Court Hears Argument on Medicaid Qualifying Rule

The facts of the underlying case involved a couple, Clyde and Dorothy Burt of Cleburne, who sold their residence to their daughter and were living in a rental before going to a nursing home. They then purchased a 50% interest in the home sold to the daughter, but the commission refused to recognize it as their home.
4 minute read

New York Law Journal

Transfer of a Foreign Guardianship to New York

Circumstances in life are constantly changing, and it may be in the best interest of a person subject to a guardianship in another jurisdiction to have a New York court accept the transfer of the out-of-state guardianship. Such a transfer is governed by Article 83.33 of the Mental Hygiene Law, effective April 21, 2014.
7 minute read

New York Law Journal

NY Sues Centers for Care Nursing Homes for Fraud, Patient Neglect

This is the fourth lawsuit that Attorney General Letitia James has filed against nursing home owners and operators in New York in the past year.
4 minute read

National Law Journal

"'Laws' Means 'Laws'": Justices Back Broad Reading of 1871 Civil Rights Statute

Justice Ketanji Brown Jackson's majority opinion recounts Congress' Reconstruction era effort to address "state-sanctioned lawlessness and violence against the freedmen and their White Republican allies."
4 minute read

Texas Lawyer

Texas Legislative Reforms Would Make Associate Judges State Employees

Three bills are intended to improve communications in connection with guardianship proceedings.
4 minute read

Law.com

Federal Judge: 'Bank Owes No Duty' to Stop $3.68M in Wire Transfers in Suspected Elder Financial Exploitation Case

While the number of elderly people targeted slightly decreased from 2021 compared to 2022, the amount of money collectively lost nearly doubled from $1.7 billion to $3.1 billion, respectively, according to the FBI's most recent report.
8 minute read

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