ABA Journal

Elder Law

290 ABA Journal Elder Law articles.

Elder law attorney sues guardianship reform advocate for alleged libel

A Tampa, Florida, attorney has been granted leave to file an amended complaint in his libel lawsuit against the founder of a guardianship reform group for his alleged comments about “predatory attorneys” and probate litigators lying in court.

Appeals judge kicked off bench; ‘the judiciary has no place for dishonest persons,’ top state court says

The Georgia Supreme Court has removed a state appeals judge from office after concluding that he took advantage of an elderly client and used campaign cash for a vacation.

Guardianship Bill of Rights for adults passes ABA House; ‘it is needed’

The ABA House of Delegates passed a resolution Monday urging all law and policymaking bodies to adopt the Guardianship Bill of Rights, which recognizes 21 rights for adults who have a guardian.

Federal appeals judge should be suspended for failing to cooperate in mental fitness probe, report says

A special committee appointed to investigate the competence of a 96-year-old federal appeals judge is recommending that she be suspended from hearing all cases for a year for failing to cooperate in the probe.

Ex-judge agrees to disbarment after she is accused of stealing money from former Tuskegee Airman

A retired judge in Cook County, Illinois, has asked the Illinois Supreme Court to remove her from the attorney rolls after an ethics complaint accused her of stealing more than $246,000 from a Tuskegee Airman who had been married to her aunt.

Lawyer for federal appeals judge barred from new cases finds orders ‘incredible’ and ‘stunning’

A lawyer representing a 95-year-old federal appeals judge is criticizing a judicial council’s refusal to assign her new cases and an investigating committee’s new focus on her failure to cooperate.

Lawyer censured for using TeamViewer to snoop on former firm’s business activity

A lawyer in Cherry Hill, New Jersey, has been censured after acknowledging that he “fell into stupid” and accessed his former law firm’s computer system to monitor his former partner’s business activity.

Competency concerns lead to investigation of 95-year-old appeals judge

A 95-year-old judge on the U.S. Court of Appeals for the Federal Circuit is being investigated by the court’s judicial council after concerns were raised about her competency. The judge has refused to accept service of orders issued in the case.

Appeals judge should be removed for using client and campaign account as a ‘personal ATM,’ ethics panel says

A judicial ethics panel is recommending removal of a suspended Georgia appeals judge for exploiting an elderly client before joining the bench and using campaign cash when he was a state legislator to pay for personal expenses, including a family trip to Hawaii.

Expect litigation over absentee ballots, and expect delays in the vote count, Common Cause warns

Absentee voting is facing a double wallop as the Nov. 8 midterm elections approach. Voting in advance of Election Day has been restricted by new state laws that make it more difficult to obtain and cast absentee ballots. And the validity and counting of some of those ballots are likely to be challenged in litigation.

During ABA Giving Day, members can support efforts advocating for democracy, equity and justice

Amid the COVID-19 pandemic, the ABA’s members, volunteers and donors have answered the call to help increase legal services and transform the justice system. The FJE hopes to build on that momentum with the 2022 ABA Giving Day.

Suit seeks damages for traumatic event witnessed over FaceTime; bystander definition at issue

A woman who saw her mother choking on mucus at her nursing home during a FaceTime call has filed a lawsuit against the facility for negligent infliction of emotional distress.

ABA supports several of the Biden administration’s proposed nursing home reforms

Nina Kohn, a professor at the Syracuse University College of Law, has long focused on the intersection of the law and the experiences of older adults, including those who need long-term care. In recent months, she has helped draw attention to three policies that closely align with nursing home reforms the Biden administration announced in February.

Coronavirus deaths in nursing homes and guardianship scandals prompt new elder law recommendations

The ABA House of Delegates approved a pair of resolutions Monday that focus on the needs of older Americans.

August Hieber helps create access to legal services for older LGBT adults

August Hieber created Proud to Thrive, the first program in Chicago specifically designed to provide culturally responsive legal advocacy to LGBT older adults. Hieber recognized this population is less likely to access resources because of past experiences with discrimination and worked with the Center for Disability & Elder Law to host legal clinics and train other legal professionals on how to offer services.

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