Elder Law

Jury deadlocks in case against lawyer accused of neglect causing his dad’s death

A jury has deadlocked in the case of a suburban Philadelphia lawyer accused of causing his father’s death by moving the elderly man to his home, using some of his father’s pension income for his own benefit and withholding needed care. After nine hours of deliberation ended in an impasse…

Feb 26, 2016 2:35 PM CST

Can son bind mother in nursing home to arbitration? Suit over slaying raises the issue

Lawyers will argue next month that a Massachusetts nursing home shouldn’t be able to force arbitration in a lawsuit over the death of a 100-year-old woman who was allegedly killed by her 97-year-old roommate. The suit in Massachusetts state court argues the arbitration clause in the nursing home contract is…

Feb 22, 2016 12:32 PM CST

Feds announce ‘Operation Cocoon,’ hoping to curtail use of unwitting seniors as drug mules

Those seeking to protect individuals who are elderly and vulnerable have a new issue to worry about—the possibility that they will be tricked into serving as international drug couriers. Increasingly, unwitting seniors are being targeted by people who have gained their trust to carry drugs, disguised as something else, to…

Feb 10, 2016 4:35 PM CST

Chief judge changes policies after news of guardianship work by judge’s wife

Following a series of articles last month by the Palm Beach Post about a judge whose wife works as a professional guardian for elderly people, the chief judge of a Florida circuit court has announced changes in its guardianship policies. They include standardizing billing practices and requiring jurists who work…

Feb 3, 2016 12:05 PM CST

Does ADA require nursing homes to admit obese patients?

Rising obesity rates in the United States are creating new dilemmas for nursing homes confronted with the increasing costs of caring for overweight patients. Nursing homes throughout the United States are routinely declining referrals from hospitals that want to transfer obese patients, the New York Times reports. “Whether these routine…

Dec 18, 2015 6:15 AM CST

New Jersey lawyer suspended for 1 year over large unsecured loan from client

In one of the harshest penalties ever imposed on a New Jersey attorney for borrowing money from a client, the state supreme court has suspended William Torre for 12 months. Quadrupling the disciplinary penalty sought by the state Office of Attorney Ethics, the state’s top court called the former Hasbrouck…

Dec 16, 2015 4:55 PM CST

Scalia was rejected by two schools; Dad told him schools without all smart kids might be better

Justice Antonin Scalia—under fire for his reference to the argument that some blacks might do better at “slower-track” schools—was himself rejected by two schools. Scalia was rejected by his first-choice high school and by Princeton University, according to a book by Supreme Court journalist Joan Biskupic. The Daily Beast has…

Dec 16, 2015 6:56 AM CST

Court was right to nix $12M will payout to drafting lawyer but should have resurrected prior bequest

A Florida probate court properly invalidated a 1994 will that largely left an elderly woman’s $12 million estate to the drafting attorney and two others, including his legal assistant. However, it erred by ruling that Virginia Murphy’s assets should be distributed under intestacy provisions, a Florida appellate court ruled (PDF)…

Dec 14, 2015 9:05 AM CST

Little-known hospital billing practice can nix Medicare coverage of later nursing-home stay

Under rules implementing the Affordable Care Act, hospitals can be penalized if too many patients return for further treatment within 30 days of being discharged. So, to avoid the penalty, a number of hospitals are admitting return patients under “observation status” to keep them out of the readmission statistics. Although…

Dec 3, 2015 12:30 PM CST

Advocate urges group homes to balance disabled residents’ intimacy needs with safety concerns

In an effort to protect adult residents of Minnesota group homes who have intellectual or cognitive disabilities, emotional issues and/or mental illness, those in charge routinely restrict activities that could lead to or include unsupervised sex. But those restrictions may also limit residents’ legitimate need for intimacy. A number of…

Nov 12, 2015 6:15 AM CST

Does adult guardianship system exploit the elderly? This woman paid about $300K in expenses

A Vancouver, Washington, woman’s 30-month trip through the guardianship system shows how costly the process can be. Linda McDowell, 71, was informed in March 2012 that a temporary guardian had been appointed to represent her after her former housemate became concerned about her behavior. By the time a judge freed…

Nov 3, 2015 9:06 AM CST

Lawsuit says ‘financial slavery’ service by dominatrix was elder exploitation

A Florida dominatrix was within the bounds of legality when she advertised her availability to provide physical punishment and “financial slavery,” a lawyer for Alex Abrams says. But a Seminole County Circuit Court lawsuit alleges that Judith Gumbrecht, aka “Goddess Jude,” went too far with a sadomasochistic financial relationship with…

Aug 5, 2015 2:25 PM CDT

Firm leader faces ‘preposterous’ grand larceny case in removal of cameras outside home of client, 93

Updated: A New York lawyer doesn’t appear to be contesting a claim that he removed security cameras trained on the front door of a 93-year-old woman embroiled in a landlord-tenant dispute. But Manhattan attorney Arthur Schwartz says the fact that he himself is now facing a grand larceny case over…

Jul 14, 2015 4:55 PM CDT

Freed from jail Thursday, accused airline stowaway attempter is arrested again Friday and Saturday

On Thursday, a 63-year-old woman who has made international headlines over her repeated claimed efforts to get aboard commercial airlines in multiple states without a ticket was released from the Cook County, Illinois, jail. By Saturday, Marilyn Hartman had been arrested twice more at two Chicago airports, for allegedly causing…

Jul 6, 2015 10:45 AM CDT

Retirement home settles DOJ suit alleging segregation based on disability in dining rooms, events

A continuing care facility in Virginia has resolved a Justice Department lawsuit claiming the facility discriminated on the basis of disability when it barred some commingling of independent living residents and those needing more care. Harbor’s Edge in Norfolk agreed to pay $350,000 in compensation and a $40,000 civil penalty,…

Jun 10, 2015 6:15 AM CDT