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Daily Business Review

Elder Abuse, Exploitation Is 'Rampant,' Says Cozen O'Connor Partner Taking the Helm of Florida Bar Committee

"I am of the opinion that the infrastructure for providing long-term care services and supports in the U.S. is failing our elderly population and people with disabilities in a significant way," said Cozen O'Connor partner Howard Krooks.
9 minute read

New York Law Journal

Stephen Hawking: Notarization by Mark and Notarization by Proxy

There is little statutory guidance in New York state for a notary who is attempting to notarize a document by mark for a disabled individual. This article looks at the legal quandaries that may arise with a client who cannot write out his or her name or is otherwise unable to sign a document and also addresses the idea of notarization by mark or notarization by proxy in New York state.
5 minute read

New York Law Journal

Spotting the Red Flags That May Signal Trusts and Estates Fraud

In this article, Lindsay H. Gill discusses red flags that may help advocates spot fraud and mismanagement, as well as the techniques investigators use to uncover evidence to determine whether fraud has occurred.
7 minute read

Daily Business Review

I Hate This Irrevocable Trust. Can I Change or Terminate It or Ask a Court to Change or Terminate It?

Your client is the trustee or the beneficiary of a irrevocable trust and wants to change or terminate it. What if the other beneficiaries or the trustee don't agree to the change or termination? Well, then you can't use a nonjudicial settlement agreement under Florida Statute 736.0111, so what can be done now?
6 minute read

Texas Lawyer

Texas Attorney Allegedly Stole Millions From Clients in 'Madoff-Like Ponzi Scheme'

Most former clients lost life savings or assets valued in six or seven figures, court filings allege. Law firms from across Texas have been drawn in to represent them.
5 minute read

Connecticut Law Tribune

District Court Says Yale New Haven Hospital Must Hand Over Doctors' Names to EEOC in Age Discrimination Lawsuit

A Connecticut district court judge rejected Yale New Haven Hospital's arguments against turning over additional documents to the U.S. Equal Employment Opportunity Commission regarding medical practitioners over age 70 who were allegedly "directed to submit" to neuropsychological and ophthalmological testing.
5 minute read

Law.com

Attorney Suspended for at Least Six Months for 'Negligent Misappropriation' While Serving as Conservator

A Washington, D.C., attorney who admitted to negligently misappropriating an elderly client's funds while serving as a court-appointed conservator has received a reciprocal seven-month suspension in Maryland and Virginia.
4 minute read

New York Law Journal

The Guardianship Diversity Initiative

More than lofty goals, the GDI has produced concrete steps to try to ensure that subjects of guardianship proceedings are being represented by attorneys who mirror their experience.
6 minute read

New York Law Journal

Cognitive Awareness as a Prerequisite for Damages Under PHL 2801-d

New York Public Health Law §2801-d provides a private cause of action for nursing home residents injured as a result of any deprivation of their rights that cause an injury. This article addresses the question of whether a PHL 2801-d claimant must demonstrate some level of cognitive awareness that he or she was deprived of the right as a prerequisite to recover noneconomic damages. The First and Third Departments of the Appellate Division split on this issue in decisions handed down in 2021. The First Department answered "yes," and the Third Department "no."
8 minute read

Texas Lawyer

Texas Appeals Court Guts State Policy Denying Medicaid to Nursing Home Residents

In attorney Jacob Hale's brief to the Third District, he ably skewered the agency's arguments.
5 minute read

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