NAELA Journal Volume 4 Issue 1

Who Is Guarding the Guardians? A Localized Call for Improved Guardianship Systems and Monitoring
By Judge David A. Hardy, CELA
We may be judged by the way we treat our weaker and more vulnerable citizens. We therefore devote considerable resources to protect children who may be harmed by the intentional or neglectful conduct of others. Some of our elderly citizens are as weak and vulnerable as children.

Maneuvering the Labyrinth of Long-Term Care Admissions Contracts

By Amy Parise Delaney, CELA
Until recently, the phrase "caveat emptor" has not been considered applicable to consumer transactions involving health care. As a society, we are conditioned to trust our healthcare providers and accept their directives.

The Transfer-on-Death Deed in the Elder Law Setting

By Catherine Anne Seal, Esq., JD, and Michael A. Kirtland, Esq., JD, LLM
The concept of the transfer-on-death deed is directly comparable to the use of pay-on-death, or transfer-on-death, accounts at banks or with brokerage houses.

Fair Hearing Decisions on Medicaid "Hardship" and "Intent" Claims
By William J. Brisk, CELA, and Kathalene C. MacPherson
"Hardship" waivers are supposed to be granted to mitigate the harshness of the Deficit Reduction Act of 2005 (DRA) changes that took effect February 8, 2006, tightening Medicaid's asset transfer rules.

The Use of Qualified Settlements Funds, Qualified Assignments and Special Needs Trusts in Physical Injury Settlements
By John J. Campbell, CELA, MSCC
Internal Revenue Code (I.R.C.) 104 (a)(2) provides that the proceeds (except for punitive damages) from the settlement claim involving physical injury or sickness are not included in the taxable income of the plaintiff who receives these proceeds.

The Psychology of Mediation
By Barry Goldman, Esq.
Mediation works. We all know that, many of us from personal experience. As a result, many attorneys and judges turn to it as a method to resolve disputes and avoid litigation.

Spring 2008

 

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