Elder Law

Project targets elderly in high-conflict families

July 1, 2015
Marilyn Odendahl
Steuben County is a test site for a new eldercaring coordination program.
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Elder law matures

April 8, 2015
Dave Stafford
Claire Lewis has been an elder law attorney since before there was such a thing. She can recall a time when people would have asked what she was talking about if she described that as her profession.
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St. Joseph County gets $399,000 grant to fight elder abuse

October 21, 2014
IL Staff
St. Joseph County will receive a $399,000 Department of Justice grant for training and services designed to combat violence against elderly and vulnerable populations.
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Nursing home chain to pay $38M in US settlement

October 10, 2014
 Associated Press
A nursing home chain has agreed to pay $38 million to resolve allegations that it billed Medicare and Medicaid for substandard care at dozens of facilities around the country, the Justice Department said.
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Guarding against undue influence

June 18, 2014
Dave Stafford
Changes in a person’s will and estate plan that vary from equal distribution of assets among heirs, as favored by law, should raise red flags, elder law attorneys say.
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Lawmakers put more teeth into consumer protection of Indiana seniors

June 19, 2013
Dave Stafford
Indiana seniors get some new consumer protections July 1. As a group, they also get a little younger.
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Attorneys give hospice patients peace of mind

June 19, 2013
Marilyn Odendahl
Although a will may be described as “simple,” for patients in hospice care having a completed will and knowing their wishes are recorded in a legal document can bring a peace that makes the word “simple” seem like a misnomer.
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Divided justices suspend attorney for 2 years

July 30, 2012
Dave Stafford
A Hancock County attorney was suspended for two years after the Indiana Supreme Court ruled in a 3-2 opinion that he charged unreasonable fees to an elderly client, converted funds belonging to her, and was dishonest before the Indiana Supreme Court Disciplinary Commission.
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Embracing elder law

June 20, 2012
Dave Stafford
As the general population ages, younger lawyers are attracted to serving seniors.
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Filial statutes create questions about duty to support

June 20, 2012
Jenny Montgomery
A recent Pennsylvania court decision has spurred discussion among elder law attorneys about when an adult child may be found financially responsible for a parent’s long-term medical care.
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Judge: facility not exempt from property tax

February 17, 2012
Jennifer Nelson
The Indiana Tax Court has upheld the decision of the Indiana Board of Tax Review that a Tipton County assisted living facility failed to raise a prima facie case that it is exempt from property tax under Indiana Code 6-1.1-10-16.
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Mediation could benefit familes with aging parents

October 26, 2011
Jenny Montgomery
When siblings can’t see eye-to-eye about how to care for their aging parents, families sometimes end up settling disputes in courtrooms. But elder care mediation can help families resolve conflicts before they become matters for litigation, if only more people knew about and used this option.
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As boomers age, lawyers seeing new trends in estate and health care planning

May 11, 2011
Jenny Montgomery
Born between 1946 and 1964, baby boomers are not like generations that came before them with regard to estate-planning needs. Many of them are living longer and will be working longer – some by choice and others because the value of their retirement accounts has plunged in recent years. As they look toward their future, the boomers’ top concerns are asset protection and paying for long-term care, although each person may have a different approach about how to accomplish those goals.
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Attorney helps senior citizens stay in their homes

February 2, 2011
Rebecca Berfanger
Orville Copsey Jr. works for Indianapolis Legal Aid Society as a liaison between the elderly with housing issues and the Marion County Health Department’s attorneys and inspectors.
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New national act would address adult guardianship matters

November 10, 2010
Michael Hoskins
New law changes are on the horizon in order to create more uniform guardianship laws throughout the country and reduce conflicts between states.
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Adult guardians sworn in

October 27, 2010
Rebecca Berfanger
A swearing-in ceremony for the first class of the Wishard Volunteer Advocates Program took place Oct. 18 at Indiana University School of Law – Indianapolis.
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Guardians program fulfills need

September 1, 2010
Rebecca Berfanger
To help address the need for guardians for patients of a northwest Indiana hospital, Lake County Judge Diane Kavadias-Schneider – with others in the court and with permission from Indiana Chief Justice Randall T. Shepard – worked on a guardianship program that involved temporary volunteer guardians.
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Adult guardianship programs continue to operate with little funding

September 1, 2010
Rebecca Berfanger
Courts around Indiana have started their own guardianship programs based on the Lake County model program in Allen, Elkhart, Lawrence, St. Joseph, Tippecanoe, and Vanderburgh counties.
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Appellate court upholds guardian appointment

March 2, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.
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Elder law attorney started as paralegal for ILS

January 6, 2010
Rebecca Berfanger
Today it's a growing practice area, but three decades ago, only a handful of attorneys practiced what is now known as elder law and not many more were aware of what it was.
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Court: Don't assume undue influence by child

March 11, 2009
Jennifer Nelson
The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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