The following links to elder law articles published by various legal resource services, attorneys and legal professionals are posted here as a legal resource by National Lawyers Directory, a national directory of links to attorneys, lawyers and law firms.
Nursing Home Law Outline - posted: September 1, 2005 - author: David L. McGuffey, Certified Elder Law Attorney - Before Signing a nursing home admission agreement: Read the agreement and all documents to which it refers, such as a listing of charges, information on resident rights, and consent agreements. Develop a list of all your questions about what is contained in the agreement. Make sure that all your questions are answered to your satisfaction before signing click here for full text.
Age Discrimination Claims - The Basics - posted: September 1, 2005 - author: From SeniorMag by Roger Braddock - While the overall number of claims has risen, the number of age discrimination claims often keeps up with general economic conditions and employment layoffs. It is normal that when layoffs occur, discrimination claims go up, some of which are legitimate and some of which are not. This growth is also attributable to the increasing number of aging employees in the workplace, along with new laws and the application of those laws. click here for full text.
FIGHTING BACK AGAINST ABUSIVE SALES TACTICS - posted: September 1, 2005 - author: George F. Dickerman - The facts are always different, but the circumstances behind the cases are always the same: Overly aggressive salespersons verbally and psychologically wear down an elder’s concentration and ability to defend their position, and ultimately manipulate them into signing contracts they never wanted to enter into. In a nutshell, they have taken advantage of an elder. For a contract to be valid, the law requires that both parties must mutually consent to the agreement. “Consent” is not real or free when it is obtained through click here for full text.
Medicare and Medicaid Compared - posted: September 1, 2005 - author: William King Self, Jr. - Medicare and Medicaid are terms that often confuse people. Medicare is a federal program financed by the Social Security system and the Medicare insurance premiums that are paid by workers prior to age 65. Medicaid, on the other hand, is a state and federal program for lower income persons. It is generally administered by the states, and eligibility is limited by the income and resources of the applicant. Though both Medicare and Medicaid are government entitlement programs, it is helpful click here for full text.
Advance Directives for Health Care - posted: September 1, 2005 - author: William King Self, Jr. - A health care “advance directive” is usually one of two types of written directions a person (called the “Principal”) might give to instruct other people about his health care wishes. The directions tell either: 1) Who is to make decisions about the medical treatment the Principal is to receive if the Principal lacks the ability to understand or approve treatment options for himself, or 2) The kinds of care the Principal wants doctors to give him if he has a terminal condition or some other click here for full text.
IRS Allows Qualified Disclaimer of IRA Funds Passing into Family Trust - posted: September 1, 2005 - author: From Mark W. Worthington Counsellor-at-Law - In a recent PLR, the Internal Revenue Service (IRS) ruled a surviving spouse could disclaim beneficiary interest in her husband's individual retirement account (IRA), resulting in the interest passing - free from estate, gift, and generation-skipping transfer taxes - to a family trust in which she has an income interest. The IRS also ruled the family trust was a qualified beneficiary and the required minimum distributions with respect to the portion of the IRA payable to the trust would be calculated based upon the life expectancy of the surviving spouse. click here for full text.
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