Categories
Uncategorized

Whose Regulation Is It Anyway?

A Look Into Federal and State Guardianship Reform By, Jake Blevins, Elder & Disability Law Clinic Student, Fall 2023 Guardianships are powerful tools that can enable family members to care for their loved ones who lack the ability to care for their own needs. At the same time, guardians have commonly abused this tool and […]

Categories
Uncategorized

Where There’s (not) A Will, There’s A Way

By, Cecil Osborne, Elder & Disability Law Clinic Student, Fall 2023 The majority of Americans believe that estate planning is important, yet only one third of Americans have any sort of estate planning in place, whether that be a will or a power of attorney.[1] There are many reasons people haven’t created these documents, including […]

Categories
Uncategorized

Elder Fraud and How Legislatures Are Addressing It

By, Trevor York, Elder & Disability Law Clinic Student, Fall 2023 Elder fraud is a well-documented issue that many elderly people and their families have either directly experienced or know close friends who have[1]. Indeed, the numbers themselves paint a stark picture. According to a report by The Motley Fool, elderly victims lost nearly $1.7 […]

Categories
Uncategorized

Supportive Decision Making: How Guardianships and Conservatorships are Treated Internationally

By, Shelby Horner, Elder & Disability Law Clinic Student, Spring 2023 Like many treaties of its ilk, the Convention for Persons with Disabilities (“CRPD” or the “Convention”) was created with the intention of protecting and supporting vulnerable communities internationally. The treaty was created through a collaborative process of hundreds of people with disabilities worldwide. Through […]

Categories
Uncategorized

Advanced Directives and How Best to Ensure They Are Followed

By, Angela Tiangco, Elder & Disability Law Clinic Student, Spring 2023 What are advanced directives?             Advanced directives (“ADs”) are legal documents that provide instructions for medical care if a person cannot communicate their own wishes.[1] The two most common ADs for health care are the living will and the durable health care power of […]

Categories
Uncategorized

Pros and Cons to Setting Up a Special Needs Trust (SNT)

By, Kristen Gartner, Elder & Disability Law Clinic Student, Spring 2023 A special needs trust can be beneficial to help insure those with disabilities are taken cared for, however, their vast and complicated rules can sometimes outweigh the potential benefits of them. Before deciding if a special needs trust is the appropriate financial solution, consider […]

Categories
Uncategorized

Weighing the Benefits and Drawbacks to Long-Term Care Insurance

By, Greg Winder, Elder & Disability Law Clinic Student, Fall 2022 Like many end-of-life considerations, long-term care (LTC) is a topic that most people would like to avoid, as it involves confronting the decline of a person’s health and functional abilities. However, it should be an important part of the planning process for middle-aged and […]

Categories
Uncategorized

Basics of Estate Planning with Cryptocurrency

By, Lydia Mrowiec, Elder & Disability Law Clinic Student, Fall 2022  Although the crypto market has been hit hard, cryptocurrency and its future are not dead.[1]  What is cryptocurrency? Cryptocurrency is any form of digital currency that uses cryptography to secure transactions and uses a decentralized system to record transactions and to issue new currency […]

Categories
Uncategorized

Navigating Conflict of Laws in Estate Planning

By, Zois Manaris, Elder & Disability Law Clinic Student, Fall 2022 The best way to assure that one’s property passes as one would like is to execute a valid will.[1] If someone dies without a valid will, their estate will pass via intestacy, a one-size-fits-all approach written by the relevant state legislature.[2] And the state […]

Categories
Uncategorized

Social Security Administration Faces Growing Backlog Post-Pandemic

By, Rebecca Roberts, Elder & Disability Law Clinic Student, Fall 2022 After a two-year hiatus caused by the COVID-19 pandemic, the Social Security Administration (SSA) re-opened its field offices in April 2022.[1] The agency, however, faces an ever-increasing backlog of cases caused by years of underfunding and compounded by the national pandemic.[2] While the number […]