ABA Journal

Elder Law

282 ABA Journal Elder Law articles.

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.

Lawyer avoids interim suspension after conviction stemming from impaired mother’s wandering

A justice on Massachusetts’ top court has declined to impose an interim suspension on a lawyer convicted of neglect in Rhode Island for failing to provide adequate care for his mother who has dementia.

Former elder law attorney pleads guilty to fraud, could face 30-year sentence

A former elder law attorney from Lynchburg, Virginia, pleaded guilty on Friday to wire fraud and making false statements.

ABA president urges House to help prevent elder abuse

ABA President Patricia Lee Refo is urging the U.S. House of Representatives to pass bipartisan legislation to help prevent elder abuse across the country.

As the legal profession ages, dementia becomes an increasing concern

The legal profession may struggle to identify lawyers experiencing cognitive decline, partly because those who are struggling are good at hiding their problem.

Afternoon Briefs: DNA on murder weapon isn’t from executed man; lawmakers embrace firing-squad executions

DNA suggests murder was carried out by someone other than executed man

DNA tests on a murder weapon and a bloody shirt are not a match with the man executed…

Afternoon Briefs: Senator airs suspicions of ‘fake’ Kavanaugh probe; prosecutors sue senior living chain

Senator wants to know whether FBI probe of Kavanaugh was ‘fake’

U.S. Attorney General Merrick Garland should help facilitate Senate oversight into whether the FBI conducted a “politically constrained and…

Grandparents can recover emotional distress damages under ‘zone of danger’ rule, top state court rules

A grandparent who saw her 2-year-old granddaughter get hit by falling debris, causing her death, can recover emotional distress damages as a bystander under the “zone of danger” rule, New York’s top court has ruled.

ABA pushes for a federal guardianship court improvement program

Karen Murphy Jensen, a senior judge with Maryland’s Caroline County Circuit Court, has spent the past five years working to reform guardianship court practices. “Judges are really embracing wanting to know more about guardianship cases as well as the alternatives to guardianship,” says Jensen, the chair of the Guardianship and Vulnerable Adults Work Group of the Maryland Judicial Council’s Domestic Law Committee.

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