Elder Law

ABA pushes for a federal guardianship court improvement program

Karen Murphy Jensen, a senior judge with Maryland’s Caroline County Circuit Court, has spent the past five years working to reform guardianship court practices. “Judges are really embracing wanting to know more about guardianship cases as well as the alternatives to guardianship,” says Jensen, the chair of the Guardianship and Vulnerable Adults Work Group of the Maryland Judicial Council’s Domestic Law Committee.

Feb 1, 2021 12:20 AM CST

Amid the COVID-19 pandemic, legal services providers find creative ways to serve older adults

Many legal services providers have worked in the past year to change how they reach and assist their clients, particularly those who are older and at higher risk for developing more severe cases of COVID-19. While some created or expanded their partnerships with community organizations, others moved their services online or outdoors.

Jan 4, 2021 2:12 PM CST

Coronavirus-related deaths in nursing homes prompt lawsuits and questions about who’s responsible

A growing number of negligence suits are being filed across the country against nursing homes and other long-term care facilities by families whose relatives died from the coronavirus while living in such facilities.

Oct 1, 2020 4:00 AM CDT

Afternoon Briefs: Sheriff bans masks for deputies; judicial panel won’t centralize COVID-19 insurance suits

Florida sheriff bans masks for deputies, office visitors Marion County, Florida, Sheriff Billy Woods has banned face masks for his deputies and visitors to his offices. Woods made some exceptions for deputies at the courthouse, the jail, hospitals, schools and interacting with people suspected of infection with COVID-19. Deputies at…

Aug 13, 2020 4:33 PM CDT

ABA president urges Senate to support nursing homes in next COVID-19 stimulus bill

ABA President Judy Perry Martinez asked U.S. Senate leadership Monday to include S. 4182, the Emergency Support for Nursing Homes and Elder Justice Reform Act of 2020, in the next COVID-19 economic relief bill.

Jul 20, 2020 2:46 PM CDT

Lawyers address problems with estate-planning document signing during coronavirus crisis

Many lawyers across the country are now using online video meetings to help senior clients arrange their affairs. This has become increasingly vital as the CDC warns that individuals who are age 65 or older and have underlying medical conditions are at higher risk for developing more severe cases of COVID-19.

May 4, 2020 8:00 AM CDT

Advocacy organizations call for compassionate release of elderly, sick prisoners

The rapid spread of the novel coronavirus has renewed the focus on conditions inside the nation’s jails and prisons, many of which are struggling to implement proper cleaning and social distancing practices and protect their prisoners and staff. Elderly and sick prisoners have moved to the forefront of the conversation.

Apr 21, 2020 8:30 AM CDT

Afternoon Briefs: Harvard Law prof drops ‘clickbait defamation’ suit; Trump campaign sues TV station over ad

Law prof drops ‘clickbait defamation’ suit after edits Harvard Law professor Lawrence Lessig has dropped his “clickbait defamation” lawsuit against the New York Times after the newspaper changed part of an article. Lessig had claimed that the article mischaracterized his essay in which he criticized the scapegoating of a researcher…

Apr 14, 2020 3:07 PM CDT

5 red flags that a client might be a victim of elder abuse

The ABA Journal spoke with elder law attorneys about how to identify some red flags or signs of elder abuse when they’re meeting with clients and how to respond to them.

Mar 18, 2020 9:34 AM CDT

The 2020 ABA Midyear Meeting kicks off in Texas

The 2020 ABA Midyear Meeting opens in the Lone Star State this week, providing ABA members the opportunity to attend hundreds of legal programs and events; hear from recognized law experts; and meet with colleagues in their sections, divisions, committees and councils.

Feb 12, 2020 1:04 PM CST

Age bias suit by fired general counsel claims CEO complained about financial drain of older workers

The former general counsel for a W.R. Berkley Corp. subsidiary claims that the real reason the company fired him in June 2018 was because of his age.

Feb 4, 2020 4:50 PM CST

Why elder law is a growing, ‘anything-can-happen practice’

Financial exploitation is just one component of elder law. It’s a growing area of practice that includes not only advance medical directives, estate planning, guardianship, probate and will contests, but also real estate, tax, employment, special needs, discrimination, domestic violence and Medicaid issues.

Jan 30, 2020 2:53 PM CST

What ABA Journal readers can look forward to in 2020

In the news business, you can't take too much for granted. But while 2020 is sure to bring an abundance of surprises, we at the ABA Journal have plans in the works for new series, special projects and revamps of older products. Here's a look behind the editorial curtain at a few of the things you have to look forward to in 2020.

Jan 2, 2020 4:44 PM CST

Afternoon Briefs: Nursing home executives fined $400 daily; did black nationalism influence Justice Thomas?

New book seeks to explain conservatism of Justice Clarence Thomas A new book called The Enigma of Clarence Thomas contends that the justice’s conservatism is shaped by his immersion in black nationalism in the 1960s and 1970s. Author Corey Robin sees parallels between the movement and Thomas’ dedication to achievement…

Sep 24, 2019 3:11 PM CDT

House of Delegates focuses on seniors’ needs in pair of resolutions

The health and well-being of senior adults were addressed in a pair of resolutions approved by the ABA House of Delegates on Monday.

Aug 12, 2019 8:13 PM CDT