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 Law
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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.
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Law firms pivot to keep clients informed about COVID-19 issues
Law firms have been pivoting to marshal the resources needed to answer the questions clients and nonclients have about the coronavirus emergency through websites, emails, podcasts, webinars and more. The topics covered range from government initiatives such as the Coronavirus Aid, Relief, and Economic Security Act and the Federal Reserve’s business loan program to unemployment benefits, force majeure clauses and cybersecurity.
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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: Using elder law mediation to address aging issues
With the help of elder law mediation, the families can each consensus on aging issues without an expensive courtroom battle.
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.
New urgency: COVID prompts seniors to be more proactive with estate planning
As COVID’s threat to the elderly quickly became apparent, some Indiana estate planning attorneys saw a major uptick in older clients scrambling to get their affairs in order. On the flip side, others heard radio silence from the elderly — only for the phones to starting ringing again once public safety restrictions eased.
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.
Applegate: Helping your clients select a trustee: What to consider
Creating a trust comes with a crucial decision: choosing the trustee. There are some key things that are important for your clients to consider when determining the right trustee.
Applegate: Mediation underutilized in elder law disputes
Mediation is often underutilized in elder law disputes mainly because attorneys aren’t familiar with its use in this area of law. In my experience, it can be a useful and efficient tool. Toward that end, my firm, Applegate & Dillman Elder Law, has opened an elder law mediation center.
Open House: Applegate & Dillman opens elder law mediation center
The Applegate & Dillman Elder Law Mediation Center officially opened Sept. 8 to provide an out-of-court option for families to resolve elder law disputes.
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: Older Hoosiers should pause before downsizing
The hot housing market has a lot of senior citizens thinking this may be the time to move to a smaller home, a condominium or to a 55-and-over community. But there are many factors that should be taken into account before, during and after downsizing.
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.
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.