ABA Journal

Elder Law

279 ABA Journal Elder Law articles.

Supreme Court considers whether prisoner with dementia and no memory of his crime should be executed

The Supreme Court granted full review of Alabama death row prisoner Vernon Madison’s case. The issue is whether the Eighth Amendment and relevant court precedents permit a state to execute someone who whose mental disability leaves him without memory of his commission of the capital offense, and whether evolving standards of decency bar the execution of a prisoner whose competency has been compromised by vascular dementia and multiple strokes.

7th Circuit reinstates suit claiming senior center failed to protect lesbian tenant from harassment

A federal appeals court has reinstated a lawsuit claiming a senior living center violated the Fair Housing Act when it failed to protect a lesbian from violence and harassment by…

Lawyer who hosted elder law radio show is accused of stealing $1.9M from clients

A prominent New Jersey lawyer who hosted a radio show and seminars on elder law has been charged with stealing about $1.9 million from six elderly clients.

Robert Novy, 66,…

Lawyer who used nonlawyers to sell living trusts is suspended in New Jersey

A lawyer who was disbarred in Pennsylvania for using nonlawyers to market and explain living trusts to elderly people has received a two-year suspension in New Jersey for the…

Suit blames broker’s suicide on forced retirement that worsened his depression

A wrongful death suit claims JPMorgan Chase & Co. was liable for the suicide of a broker whose depression worsened after the bank forced him to retire.

The suit

New law championed by ABA fights elder abuse and exploitation

Members of Congress came together in bipartisan agreement this fall to pass a law strongly supported by the ABA that would enhance the federal government’s response to elder abuse and financial exploitation of seniors.

Lawyer falsely claimed he was checking on ward who was no longer at facility, suspension order says

An Omaha, Nebraska, lawyer has received a one-year suspension for claiming in guardianship reports that he was checking on an incapacitated adult who, it turned out, had moved out of…

Cases raise questions about adult guardianship and lawyer-hospital relationships

Cases in Michigan and South Carolina are raising questions about lawyers who receive guardianship appointments as a result of their relationships with hospitals.

Supreme Court to decide if church-affiliated pension plans are subject to ERISA

The U.S. Supreme Court on Friday accepted and consolidated three cases that consider whether pension plans operated by church-affiliated groups are subject to the Employee Retirement Income Security Act.


Judge blocks federal rule that would ban arbitration in nursing home disputes

The implementation of a new rule prohibiting federal funds for nursing homes that enter binding arbitration agreements with residents has been blocked by a U.S. district court judge, who found…

Federal rule barring forced arbitration of nursing home disputes is likely to be challenged

A new rule that bars nursing homes that receive federal funds from forcing disputes into arbitration is likely to be challenged, according to lawyers involved in litigation over patient care.

Law firm helps social workers stay up to date with continuing education classes

Untangling bad legal advice, especially when it’s given by someone who isn’t a lawyer, is a difficult task, particularly if the faulty information comes from a person the client trusts,…

Can mentally incompetent man obtain a divorce? Kentucky Supreme Court to decide

The Kentucky Supreme Court on Friday considered whether any elderly man who has been declared incompetent can divorce the woman who is serving as his guardian.

The lawyer for Elmer…

Fines against unsafe nursing homes are considered a slap on the wrist

Nursing home regulatory systems are structured around administrative fines—fines that are reduced so routinely that they have become widely considered a cost of doing business rather than an incentive to provide quality care. Read this ABA Journal feature recently honored by the American Society of Business Publication Editors.

Lawsuits fail to bring improvements to nursing homes

While state fines do little to bring meaningful change to the nursing home industry, litigation against the homes doesn’t help spark improvements, either.

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