Dillman: Understanding legal capacity and how to test for it
Professionals working with older adults will inevitably face the challenge of determining whether a client or potential client has legal capacity.
Elder Care
-
Family sues nursing home after father’s death during pandemic
Hoosier Ken Burgin is honoring his late father, Kenneth “Butch” Burgin, by advocating on his behalf after Butch’s unexpected death just two months after becoming a resident at an Owen County nursing home last year.
Read More
Articles
ILS launches risk detection service: Tool aims to help more endangered seniors get help
If the pilot run was any indication, a new tool used by Indiana Legal Service’s Legal Assistance for Victimized Adults, or LAVA, Project could help more endangered and victimized Hoosier adults obtain legal assistance.
Dillman, Crawford: Making the case for a dementia directive in Indiana
None of the advance directives currently used in Indiana address receiving care with a severe dementia diagnosis.
Dillman: Economic instability and the need to plan for long-term care
The current economic crisis has rattled the confidence of all of us, including my clients. If you are in a practice that focuses on pre-planning, then I am sure you are seeing a similar reaction. Clients who are typically proactive are now pulling back on the reins and taking care of immediate needs — doing just enough to address these immediate needs — rather than preparing for the near future.
Applegate: How elder caregivers can take a guilt-free summer vacation
Often, caregivers can feel guilty about getting away while they have so much responsibility at home or find it impossible to imagine getting a break. Lots of questions can arise, such as who will take care of the loved ones, how they can continue receiving help, what happens if an emergency arises and more. But with so much day-to-day responsibility as a caregiver, it’s important to have time to refresh and avoid burnout.
Man held in death of resident at Indianapolis nursing center
A 60-year-old man has been arrested in connection with the “suspicious” death of a woman at an Indianapolis nursing center where they both were residents, police said.
Applegate & Dillman open Elder Law Mediation Center
Applegate & Dillman Elder Law, a central Indiana-based elder law firm with locations in Indianapolis, Zionsville and Carmel, launched the Applegate & Dillman Elder Law Mediation Center on Wednesday.
Applegate: A new little-known benefit to help families of COVID victims
COVID-related deaths are part of a national emergency. As a result, the Federal Emergency Management Agency (FEMA) just began accepting applications for COVID-19 Funeral Assistance on April 12.
Critics say Indiana COVID-19 law allows nursing home neglect
Advocates for nursing home residents say they worry a new Indiana law expanding COVID-19 liability protections for health care providers will effectively block many lawsuits over neglect and substandard treatment that weren’t caused by the pandemic.
AP-NORC poll: Government should help Americans age at home
Most Americans agree that government should help people fulfill a widely held aspiration to age in their own homes, not institutional settings, a new poll finds.
COA: Guardian can deposit check but not exercise estate planning
Although an adult guardian properly deposited a check after his ward died, the trial court did not err in denying the guardian’s request to exercise estate planning, the Indiana Court of Appeals has ruled.
Bill extending adult guardians’ disposition authority signed into law
Adult guardians will soon be part of the statutory scheme for making decisions about disposition of a deceased ward after Indiana Gov. Eric Holcomb signed a bill extending their authority.
Bill giving guardians authority over final dispositions gets House support after Senate debate
A bill to extend the duties of guardians when an incapacitated adult dies was much better received in an Indiana House committee Tuesday than when the bill was introduced in the Senate.
Bill giving adult guardians say over final dispositions set for final Senate vote
A bill to give adult guardians authority to oversee the disposition of a ward’s remains is up for a final vote in the Indiana Senate this week, but the version of the bill senators will vote on is markedly different from the introduced legislation.
Bill expanding long-term care visitation moves to House
Indiana lawmakers moved forward Thursday with a proposal to change visitation restrictions at the state’s health and residential care sites amid concerns about residents’ declining interactions with loved ones during the coronavirus pandemic.
State seeks to make it easier for Hoosiers to age at home rather than nursing homes
Indiana officials say they want to make it possible for more Hoosiers to age at home rather than at nursing homes, especially as the pandemic continues to sweep across America.
Indiana makes those 70 and older eligible for COVID-19 vaccinations
The Indiana State Department of Health on Wednesday said residents age 70 and older can now schedule COVID-19 vaccinations.
Applegate: What to do after an Alzheimer’s disease diagnosis
The diagnosis is in. Unfortunately, you or a loved one is diagnosed with the beginning stages of Alzheimer’s disease. Obviously, the first step is to work with your doctor to slow the progression. However, there are legal steps you need to take as quickly as possible.
Guardians seek changes to assist in final arrangements
A guardianship task force has recommended that the Indiana Legislature amend state statute to give guardians authority over dispositions if necessary. While the concept received general support in a recent meeting of the Probate Code Study Commission, the question remained: how do you balance the authority of a guardian with that of another party, such as a POA?
Indiana health care workers first up for COVID-19 vaccine
As Indiana announces its preparations to begin coronavirus vaccinations for some 400,000 health care workers by the end of the month, the inoculation timeline for the state’s nursing home residents is still to be determined.