ABA Journal

Elder Law

277 ABA Journal Elder Law articles.

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.

Amid the COVID-19 pandemic, legal services providers find creative ways to serve older adults

Many legal services providers have worked in the past year to change how they reach and assist their clients, particularly those who are older and at higher risk for developing more severe cases of COVID-19. While some created or expanded their partnerships with community organizations, others moved their services online or outdoors.

Coronavirus-related deaths in nursing homes prompt lawsuits and questions about who’s responsible

A growing number of negligence suits are being filed across the country against nursing homes and other long-term care facilities by families whose relatives died from the coronavirus while living in such facilities.

Afternoon Briefs: Sheriff bans masks for deputies; judicial panel won’t centralize COVID-19 insurance suits

Florida sheriff bans masks for deputies, office visitors

Marion County, Florida, Sheriff Billy Woods has banned face masks for his deputies and visitors to his offices. Woods made some exceptions…

ABA president urges Senate to support nursing homes in next COVID-19 stimulus bill

ABA President Judy Perry Martinez asked U.S. Senate leadership Monday to include S. 4182, the Emergency Support for Nursing Homes and Elder Justice Reform Act of 2020, in the next COVID-19 economic relief bill.

Lawyers address problems with estate-planning document signing during coronavirus crisis

Many lawyers across the country are now using online video meetings to help senior clients arrange their affairs. This has become increasingly vital as the CDC warns that individuals who are age 65 or older and have underlying medical conditions are at higher risk for developing more severe cases of COVID-19.

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