Elder Law

242 ABA Journal articles on Elder Law.

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.

At…

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, such as a social worker.

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.

Feds announce $2M in grants for elder crime victims

The federal government announced $2 million in grants for elder crime victims on Tuesday, as part of a broader $50 million initiative by the Obama administration, private companies and foundations…

ABA says the reauthorized Older Americans Act will give nation’s seniors a stronger safety net
A bipartisan effort paid off this spring when Congress reauthorized the Older Americans Act of 1965. The action means that the act will more effectively respond to the needs of a population of seniors that is both growing in numbers and becoming increasingly independent.

Legal aid group adds representation for people facing guardianships, finds evidence of overbilling

A lawyer hired by the Legal Aid Center of Southern Nevada to represent clients facing guardianship proceedings says she has found evidence of overbilling by guardians.

Lawyer Christine Miller was…

Nursing homes increasingly eject residents; are they following the law?

Nursing homes are increasingly ousting residents, often expelling patients who are considered undesirable because they require more care or because their families complain more often, according to elder advocates.

Federal…

Man rejected by just one of 11 law schools files age-bias suit

A 68-year-old man who applied to 11 law schools over the past few years has filed an age-bias suit against the single school that rejected him: the UConn School of…

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