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New York Law Journal

MAPTs Are Alive and Well in the Elder Law Practitioner’s Toolbox

The author writes "Regardless of recent challenges by local Department of Social Services offices, the Medicaid Asset Protection Trust (“MAPT”) is alive and well in the elder law practitioner’s toolbox and is the best option for protecting real property. MAPTs have been the subject of much planning, advocacy and programming in the Elder Law and Special Needs Section."
3 minute read

New York Law Journal

Long Island Midsize Firm and Managing Partner Sued for Sexual Harassment, Discrimination

Former Meltzer, Lippe, Goldstein & Breitstone partner Laura Brancato said she was subjected to sexist and harassing behavior and ultimately fired after raising concerns about the climate for women at the firm.
6 minute read

Daily Business Review

Florida Supreme Court Suspends Miami Lawyer for 3 Years

"The ruling notes the often-overlooked significance of Florida Bar Rule 4-1.14 governing the representation of a client with diminished capacity, a complex but crucial rule in the representation of elderly and impaired clients," said Anthony V. Alfieri, a professor at the University of Miami School of Law and director of its Center for Ethics and Public Service.
4 minute read

The Legal Intelligencer

America's Seniors Need Our Help

A 2021 survey by Legal Services Corp. showed that 62% of low-income seniors (those 65 and over) and 70% of those households had at least one civil legal problem in the preceding year. Among their findings: During this period, low-income seniors did not receive any or enough legal help for over 90% of their problems.
5 minute read

New York Law Journal

Bar Leader Promotes Intergenerational Links, But Elder Lawyers Should Know When 'It's Time to Stop'

"But I'm an old dinosaur," Adam Seiden conceded, "and I've been doing things a certain way, and I realize I've had to adapt to the new way of practicing law. And I've adapted to the extent I can and I keep trying to learn."
6 minute read

New York Law Journal

Guardianship and the Abuse of Special Proceedings

"Special proceedings should not be transmuted into plenary proceedings for the tactical advantage of one party," writes Daniel G. Fish.
6 minute read

The Recorder

Parents Bound to Son's Arbitration Agreement in Wrongful-Death Claim, Appeals Court Rules

A skilled nursing facility in Los Angeles won the right to compel arbitration in the case of a wrongful death lawsuit filed by the parents of one of its residents.
4 minute read

New York Law Journal

Warning: Petitioners Can Be Personally Liable for Guardianship Fees

Counsel to petitioners in guardianship matters should specifically advise clients that they may be personally liable for the fees of court appointees.
7 minute read

New Jersey Law Journal

Are You Really Ready for Natural Disasters?

"Experiences like the 4.8 magnitude earthquake can serve as a reminder or wake-up call about the importance of getting your estate plan in order," writes trusts and estates paralegal Melissa Acosta-Amarante.
5 minute read

Law.com

Va. Lawmakers Strengthen Banking Safeguards to Protect Seniors From Financial Exploitation

The bill specifies that no financial institution staff member who receives the training will be liable in any civil or administrative proceeding for disclosing the suspected financial exploitation of an elderly or vulnerable adult if disclosure was made in good faith and with reasonable care.
5 minute read

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