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Elder Law

PA Elder, Estate & Fiduciary Law Blog

About Elder Law, senior lifestyles, long-term care, end-of-life & health care surrogate decision-making, estate & personal planning, fiduciary administrations (by agents under powers of attorney, custodians, guardians, executors/administrators, & trustees), elders' dispute resolution, and Orphans' Court litigation in Pennsylvania.
By Neil Hendershot, Esq.

Post Frequency: 2.5/day

Last Entry: April 16, 2016 at 11:39:00

"Free Ride" Over for PA DPW in Personal Injury Recoveries?

Posted on April 14, 2009
On March 25, 2009, a U.S. District Court in Pennsylvania issued a Memorandum Opinion in Tristani v. Richman, 2009 WL 799747 (W.D.Pa. Mar. 25, 2009; No. 06-694).The decision held that that Pennsylvania's Medicaid recoupment, anti-lien, and anti-recovery statutory provisions create enforceable rights under Section 1983; and that such provisions bar recovery by the Commonwealth directly from a

Offshore Accounts in Dangerous Waters

Posted on April 13, 2009
According to "IRS: Offshore account holders told fess up to lower penalties" (03/27/09) by Kevin McCoy, published in USA Today, the Internal Revenue Service finally is claiming its tax stake in unreported offshore accounts owned or controlled by U.S. citizens, under severe penalties if voluntary compliance is not forthcoming...

Lawyers & a Judge Educate about Living Trust Scams

Posted on March 23, 2009
On March 20, 2009, the Pittsburgh Post-Gazette published a brief article entitled "Free legal clinic offered on probate, living trusts" that announced a free legal clinic, hosted by both the Allegheny County Bar Association and the Pennsylvania Attorney General's Office, to discuss issues involving probate and living trusts to be held on March 31, 2009, in Pittsburgh...

Health Care Reform Symposium at Susquehanna

Posted on March 20, 2009
In a News Release issued March 9, 2009, Susquehanna University, in Selinsgrove, PA, announced that "National and regional experts will debate merits of universal coverage" during a symposium to be held on campus on Wednesday, March 25th & Thursday, March 26th, 2009...

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"Broken Trust" Elder Abuse Study Released

Posted on March 19, 2009
In March, 2009, a new study on elder abuse prevention, entitled "Broken Trust: Elders, Family, and Finances" (PDF, 40 pages), was issued by the MetLife Mature Market Institute, the National Committee for the Prevention of Elder Abuse, and the Center for Gerontology at Virginia Polytechnical Institute & State University...

AHLA Session on Advance Care Planning

Posted on March 18, 2009
On April 8, 2009, at 1:00 p.m. EDT, the American Health Lawyers Association will offer a one-hour teleconference, Honoring Our Patients and Capturing Lost Opportunities: The Financial, Legal, and Practical Benefits of Advance Planning, for a fee of $30 (either member or non-member)...

Medicare to Cover Sleep Disorder Treatments

Posted on March 17, 2009
On March 3, 2009, the Centers for Medicare & Medicaid Services announced that Medicare will cover sleep testing for the diagnosis of obstructive sleep apnea.CMS finds that the evidence is sufficient to determine that the results of the sleep tests identified below can be used by a beneficiary?s treating physician to diagnose OSA, that the use of such sleep testing technologies demonstrates

New Attempts to Abolish PA Inheritance Tax

Posted on March 02, 2009

PA EE&F Law Blogger Joins Tucker Arensberg

Posted on February 27, 2009

Federal "Elder Abuse Victims Act" Reintroduced

Posted on February 20, 2009
On February 11, 2009, the U.S. House of Representatives passed a bill reintroduced on January 9, 2009, by Rep Joe Sestak and co-sponsors, entitled the Elder Abuse Victims Act of 2009 (House Resolution 448), and sent it to the U.S. Senate for consideration...

"How Attorneys Can Address Abuse of the Elderly"

Posted on February 09, 2009
On Thursday, February 12, 2009, the Dauphin County (PA) Bar Association, through its Estate Planning & Probate Section, will host, for the Dauphin County Register of Wills, a "Breakfast with the Register" continuing legal education session for attorneys...

What is a "Gun Trust"?

Posted on February 03, 2009
Joshua G. Prince authored an article entitled The New Trust on the Block -- the "Gun Trust." I am pleased to post his simplified explanation of a concept foreign to many professionals and consumers. Josh is now a third-year law student at Widener University School of Law (Harrisburg Campus)...

Believing, and Playing College Football at 59

Posted on February 02, 2009
On Sunday, February 1, 2009, on his Hour of Power religious broadcast, Rev. Robert H. Schuller interviewed Mike Flynt, the author of "The Senior" (207 pages; Oct, 2008), which conveys the message: "It's Never Too Late to Tackle Your Dreams!" Mike Flynt was swapping stories with some old football buddies when he brought up the biggest regret of his life: getting kicked off the college team before

Steelers and Estate Tax

Posted on January 30, 2009
With the Super Bowl scheduled to be played on Sunday evening, February 1, 2009, sports fans worldwide will focus on the Arizona Cardinals and the PITTSBURGH STEELERS -- you know, that football team from PENNSYLVANIA. Both teams are family-controlled...

The deadline to file a PA Inheritance

Posted on January 29, 2009
The deadline to file a PA Inheritance Tax for a Resident Decedent (PDF) is nine months after the date of death. What if a PIT Return cannot be filed by that deadline? Answer: Request an extension to file. In accordance with Section 2136 (d) of the Inheritance and Estate Tax Act of 1995, the time for filing the return is extended for an additional period of six months...

Federal Estate Tax: Get Ready to Rumble!

Posted on January 28, 2009
On January 27, 2009, the Center on Budget and Policy Proposals posted an article entitled "Congress Should Not Weaken Estate Tax Beyond 2009 Parameters", by Chye-Ching Huang, who reported: Senate Finance Committee Chairman Max Baucus reportedly plans to unveil a proposal in coming weeks to make permanent key features of the estate tax that are in place in 2009...

Judges and Life-Ending Decisions

Posted on January 27, 2009
On January 23, 2009, an article entitled "Judge May Make Life or Death Decision on Infant" posted by MSNBC, reported that a Texas court "may decide Tuesday whether to end life support for a 6-month-old Dallas baby who has suffered severe brain damage, dozens of bone fractures and numerous scars...

In PA, Bingo's Gamblin', Poker Ain't

Posted on January 26, 2009
Gambling by seniors is a concern, not only in Pennsylvania, but nationwide, because involvement in games of chance can become additive, and the financial consequences can become dire. Bingo is a game of chance, seniors know. But seniors who play poker in PA can be relieved: Playin' Texas Hold 'em ain't gambling...

A "Perfect Storm" Affects Medicaid Funding

Posted on January 23, 2009
On January 22, 2009, the non-profit Center on Budget and Policy Priorities posted a "Preliminary Analysis of Medicaid Assistance For States in the House Economic Recovery Package", including state-by-state data. The authors (Iris J. Lav, Edwin Park, Jason Levitis, and Matthew Broaddus) summarized their analysis and article: The House economic recovery package includes an approximately $88

2008 Changes to IRA Rules

Posted on January 22, 2009
On January 21, 2009, MarketWatch posted an excellent article by Robert Powell, entitled Keep Track of Your IRA, about the many significant rule changes made in 2008 affecting individual retirement accounts. There were many new laws, court decisions, IRS notices and other rule changes affecting the retirement plan of choice for millions of Americans, according to Ed Slott, the nation's preeminent

Laughing through Cancer

Posted on January 16, 2009
On Friday, January 16, 2009, in the afternoon, the National Public Radio show Fresh Aire from WHYY will reprise nationwide an interview first aired on March 12, 2008, entitled For Comedian, Humor Eases 'Toughest Journey' that considers humor as a weapon or a palliative against cancer...

PA DPW Updates Medicaid LTC Handbook Online

Posted on January 14, 2009
On January 6, 2009, the Pennsylvania Department of Public Welfare updated its Long-Term Care Handbook Operations Memoranda webpage (previously revised on 07/29/08) publicly posting its collective policies and procedures for long-term care payments under the Medicaid program in the Commonwealth, applied post-DRA (federal Deficit Reduction Act of 2005)...

Will Contest in Lancaster County, PA

Posted on January 13, 2009
On January 11, 2009, the Lancaster Sunday News published an extensive article entitled "Contested will is one for books" by Gil Smart, Associate Editor regarding a high-profile will contest underway in Lancaster County, PA. He reported that a retired Lancaster County judge is challenging his late son?s bequest of potentially $500,000-$900,000 made to the Lancaster Public Library under a Last

Approved Software for PA Inheritance Tax Filings

Posted on January 09, 2009
On December 3, 2008, the Pennsylvania Department of Revenue, Inheritance Tax Division, updated its list of "Inheritance Tax Approved Software Vendors" that was sent to the Commonwealth's Registers of Wills regarding permitted filings in those offices to be forwarded to the Department for processing...

Penn Treaty Insurers under PA Rehabilitation

Posted on January 07, 2009
On January 6, 2009, the Pennsylvania Insurance Department announced in a Press Release entitled "Insurance Department Takes Control of Struggling Allentown-based Insurer & Subsidiary" that the PA Commonwealth Court approved the Department's petition to place Penn Treaty Network America Insurance Co...

Stealing Houses by Words and Deeds

Posted on January 06, 2009
On December 8, 2008, the new Uniform Municipal Deed Registration Act took effect in Pennsylvania, providing a more timely process for recording deeds in counties and also for registering deeds in local municipalities. Its purpose is to counteract land fraud by requiring prompt public recording of land transfer documents and by allowing municipalities to set additional local requirements in a

Executing versus Engaging a HCD

Posted on January 05, 2009
At year's end, I noted many articles recommending execution of a health care directive or a "living will", as an important aspect of personal planning. Engaging surrogate medical decisions in an end-of-life setting is more difficult than executing a document authorizing it...

IRS Implements Final Return Preparer Regs

Posted on December 22, 2008
On December 22, 2008, the Internal Revenue Service published Treasury Decision 9436, which finalized "Tax Return Preparer Penalties Under Sections 6694 and 6695." TD 9436 contains final regulations implementing amendments to the tax return preparer penalties under sections 6694 and 6695 of the Internal Revenue Code (Code) and related provisions under sections 6060, 6107, 6109, 6696, and 7701(a)(

Journeys and Journals by Dying Folks

Posted on December 15, 2008
In the movie The Bucket List (2007) "two terminally ill men escape from a cancer ward and head off on a road trip with a wish list of to-dos before they die." But what if they wanted to do was blog about dying, that is, write a public daily journal about their progress and reactions, good or bad -- what would they say? One man's statements are found in a Dying Man's Daily Journal, which began

"Taxgirl" Blog Featured by ABA Blawgs

Posted on December 12, 2008
The American Bar Association Journal's Blawg Directory today features the Taxgirl blog written by a Pennsylvania attorney -- Kelly Erb, Esq., of Philadelphia. Her commentaries, updates, and generic advice about tax matters draw such national attention...

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