Elder Law

Privacy Laws

There are a number of laws protecting your privacy and the privacy of your information. This page describes several of…

2 years ago

Everyone has a Will (Even if you don’t)

Everyone should have a Will. If you don't have a Will then your stuff might go to someone you don't…

2 years ago

Sample Trust Language Appointing Trustee

The following sample language comes from a trust that was drafted years ago, however it remains useful in understanding issues…

2 years ago

Selecting the Trustee

One of the most important tasks when creating a trust is selecting the trustee. You can have the best trust…

2 years ago

Promissory Notes

When the Deficit Reduction Act of 2005 changed 42 U.S.C. ยง 1396p, new restrictions were imposed on promissory notes. Subsection…

2 years ago

Refusal to Answer Medicaid’s Questions Justified Denial of Eligibility

In Lamle ex rel. Lamle v. Shropshire (W.D. Oklahoma 5/29/2024), a United States District Court upheld a denial of benefits…

2 years ago

How much protection does a Medicaid Asset Protection Trust really provide?

In Hammerberg v. Department of Human Servs. (Minn. Ct. App. 4/22/2024), the State made an estate recovery claim against what…

2 years ago

Service Animals and the ADA

Service animals used by individuals with a disability can only be excluded from public places if they cannot be controlled…

2 years ago

Americans with Disabilities Act of 1990: The Basics

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 ("ADA"), a…

2 years ago

TennCare’s Medicaid Renewal Process was Illegal and Flawed

The Tennessee Justice Center and its legal partners brought a class action in the U.S. District Court for the Middle…

2 years ago