PA Elder, Estate & Fiduciary Law Blog

Smart Talk Features PA Aging Secretary

2012-01-13T20:07:00.001-05:00

On Friday, January 13, 2012, the Secretary of the Pennsylvania Department of Aging, Brian Duke (accompanied by his Chief of Staff, Kevin Hancock), was interviewed for an hour on WITF-FM Radio's Smart Talk, about the changing and growing needs for the Commonwealth's aged population. The discussion revolved around the federally-required State Plan for Aging to be prepared by the Department

"Tax Talk" about Federal Individual Taxes

2012-01-09T13:55:00.000-05:00

The Tax Talk Today program, scheduled from 2:00 to 3:40 PM on Tuesday, January 10, 2012 (and available for replay online over the next twelve months for registered users), will present a comprehensive discussion of changes in individual income tax rules and procedures, reviewed by highly-knowledgeable speakers -- Preston Benoit, Deputy Director, IRS Return Preparer Office, and Jason Langley,

PA Courts' 2012 Calendars & Holidays

2011-12-27T16:18:00.001-05:00

On December 27, 2011, the Unified Judicial System of Pennsylvania posted its chart of County Holidays for 2012 (PDF, 2 pages), which summarizes legal and operating holidays designated by counties for the various courthouses in the Commonwealth. This is a most useful, even essential, chart. It completes the posting of all Pennsylvania court calendars for 2012. The chart appeared on the

Phila Inquirer Reports on Elder Abuse

2011-12-23T09:52:00.000-05:00

On December 23, 2011, The Philadelphia Inquirer posted an article, Financial abuse of the elderly is approaching a crisis, researcher says, by Chris Mondics, that reports the opinion of Mark Lachs, a geriatrician and social scientist at Weill Cornell Medical College in New York, who believes "an epidemic of thefts and fraud targeting the elderly -- by lawyers, financial advisers, family

PA Courts, then Joe Paterno

2011-11-14T11:25:00.001-05:00

What can we learn from the tortuous events of last week here in Central Pennsylvania, which unfolded following criminal charges filed against a former Penn State University coach alleged to have molested or assaulted many young boys? See: Thirty-Third Investigating Grand Jury Presentment (Nov., 2011; 23 pp.; PDF). Juvenile dependency proceedings can result from similar initial complaints,

"Tax Talk Today" Online

2011-11-08T18:14:00.001-05:00

Browsing through the Trusts & Estates website recently, I noted a useful learning service regarding federal tax laws and return preparation, available on the Internet: Tax Talk Today. Sponsored by the Internal Revenue Service, Tax Talk Today is a live Internet program featuring industry tax experts and professionals and top representatives from the IRS. Each program features

PA Inheritance Tax Summarized

2011-11-02T16:08:00.000-04:00

Pennsylvania is one of 22 states (and the District of Columbia) that imposes an estate tax due after the death of an individual, and is one of only six states that applies an inheritance tax upon residents receiving assets from a decedent or against real estate located here. With the increased asset thresholds applicable to federal estate, gift, and generation-skipping taxes, which reduce

"Granny Snatching" Prohibition Pending in PA

2011-10-25T20:53:00.000-04:00

Would you remember what "UAGPPJA" means, or what it could do in Pennsylvania, without an association to "granny snatching"? Maybe that's why such a Scrabble of title letters is linked to a simple, silly phrase. The serious and unremedied abuse situations involving transport of incapacitated elderly persons must be corrected by a dry, but effective, proposed model statute. The term "granny

Ain't Law Tweet? PA Supreme Court on Twitter

2011-10-18T13:34:00.000-04:00

The Pennsylvania Supreme Court has joined the Administrative Office of Pennsylvania Courts, and even the Joint State Government Commission, in "tweeting" about its activities. On October 18, 2011, PennLive posted a brief article, "Pennsylvania Supreme Court will start tweeting opinions and rulings": The Pennsylvania Supreme Court is all a Twitter about a new way to access its opinions and

Revised PA RW-02 "Petition for Grant of Letters"

2011-10-13T22:01:00.000-04:00

On October 11, 2011, the Pennsylvania Supreme Court approved a revision of a Form RW-02 (Petition for Grant of Letters) (PDF, 2 pages) for use in all Registers of Wills offices in the Commonwealth beginning thirty days later, on November 10, 2011. In a Per Curium Order, which was posted by the PA Supreme Court on the website of the Administrative Office of Pennsylvania Courts on October 12,

Penn State/Dickinson Law School and Elder Law

2011-09-25T06:30:00.013-04:00

Each monthly issue of the electronic newsletter, Alumni Connection, sent to graduates of The Dickinson School of Law of the Penn State University (generally now known as Penn State Law) includes a link to a legal blog. The September, 2011 issue includes a link to this PA Elder, Estate & Fiduciary Law Blog. Such a selection shows consistency between this Blog's focus, and the past and

IRS Issues Revised 706 Instructions & Preparer Requirements

2011-09-23T15:34:00.001-04:00

On September 22, 2011, the IRS issued revised Instructions for the recently-finalized Form 706, according to Vincent F. Lackner, Jr., Esq., who sent an email to customers of The Lackner Group, Inc. today. As a software developer, he has tracked the development of that form and its instructions carefully.Early yesterday [09/22/11] evening, the IRS authorized a final draft of the US 706

Blogger Notes 35th Law School Reunion

2011-09-16T16:23:00.001-04:00

On a personal note, I will attend the 35th Reunion of the Class of 1976 of The Dickinson School of Law (now a professional graduate school of Penn State University) on Friday evening, September 16th, and Saturday, September 17th, 2011. To promote classmate attendance, I created a website, DSL Proud 1976, where I noted:The "Proud and Independent" Dickinson School of Law that we once attended

2010 Decedent Estates Granted Federal Filing & Payment Relief

2011-09-13T16:52:00.004-04:00

The IRS has relented on next week's (September 19th) earliest filing and payment deadlines for some 2010 estates, otherwise anticipated by Section 301(d) of the Tax Relief Act and enforced by the IRS' prior Notice 2011-66, released on August 5, 2011. That Act states that for decedents who died after December 31, 2009, and before December 17, 2010, the time for filing the estate tax return and

Revised IRS 706 Form Released

2011-09-12T12:07:00.006-04:00

On September 8, 2011, the IRS released its long-awaited, really final Form 706 United States Estate (and Generation Skipping Transfer) Tax Return (PDF 2.52 MB, 28 pages) for decedents dying in 2010, along with revised (July 2011) Instructions (PDF 441K, 48 pages). The Form 706 is in a fillable PDF format that applies to decedents who died in 2010. Why is this the "really" final form? Because

PBA RPPT Summer, 2011 Newsletter Issued

2011-08-22T18:54:00.001-04:00

Last week, the Real Property, Probate & Trust Law Section of the Pennsylvania Bar Association published and mailed to each Section member the Summer, 2011 issue (No. 69) of its Newsletter. It is available publicly, free, online in PDF format "for a limited time" at the link at the end of this posting; but, after that short time expires, it will be available only to members. The Newsletter is 60

Paul Dibert Retires as "Chief" of PA Inheritance Tax Division

2011-07-22T06:30:00.030-04:00

Effective June 30, 2011, J. Paul Dibert retired as the Chief of the Pennsylvania Department of Revenue's Inheritance Tax Division. Paul acted as Chief of the Division since March 24, 2008. See: PA EE&F Law Blog posting Dibert Appointed Chief of PA Inheritance Tax Division (03/27/08). He had served as "acting chief" following the retirement of John Murphy on June 15, 2007. See: PA EE&F Law

New PA Court System Initiative on Senior Issues

2011-07-20T06:30:00.001-04:00

In Issue 2 of 2011 (July) of AOPConnected the newsletter of the Administrative Office of Pennsylvania Courts, on page 3, I found a column entitled An All Too Common Tale, by Zygmont A. Pines, Esq., the Court Administrator of Pennsylvania. He identifies a new "initiative" that I would equate with a "sea change" for the Pennsylvania court system regarding elder abuse issues and controversies.

PA Bar Promotes "Wills for Heroes" Further

2011-07-18T14:34:00.007-04:00

In an emailed member newsletter received July 18, 2011, the Pennsylvania Bar Association continues its support and promotion of a "Wills for Heroes" program, as pioneered in 2007-08 by the American Bar Association, through a specialized statewide program in the Commonwealth conducted by the PBA's Young Lawyers Division:Invitation to Volunteer for PBA YLD-supported 'Wills for Heroes' Programs The

One Paper Size Fits All Pa Inheritance Tax Returns

2011-06-23T18:12:00.003-04:00

Effective April 1, 2011 any REV-1500 (PA Resident Inheritance Tax Return), including attachments, submitted to the Pennsylvania Inheritance Tax Division in a format size other than 8½ x 11 will be rejected by the Department of Revenue, which will equate to a non-filing. Pursuant to a Notice entitled REV-1500 Formatting Limitations to 8½” X 11” issued by the Pennsylvania Department of

Proposed PA Adoption Rule Changes

2011-06-16T22:10:00.001-04:00

On Saturday, June 11, 2011, in the Pennsylvania Bulletin, Volume 41, No. 24, publication appeared regarding proposed and renumbered Orphans' Court Rules governing Adoptions under Rule 15. This is a major revision and update of that Rule and its sub-rules (15.1 - 15.16). The proposed rule changes would accomplish two general objectives: 1) Amend the statewide adoption rules after the enactment

Proposed Amendments of PA POA, Guardianship & Health Care Directive Laws

2011-06-14T19:33:00.004-04:00

On June 14, 2011, the Pennsylvania Joint State Government Commission posted the latest report (June, 2011) of the Advisory Committee on Decedents' Estates Laws regarding proposed amendments to the Probate, Estates, and Fiduciaries Code (PEF Code), which is available here. This latest report (June 2011; PDF, 85 pages) alters and updates a prior report (June 2010; PDF, 87 pages) of the same

PA DoR Revised Safe Deposit Box Entry

2011-06-06T14:53:00.007-04:00

The Pennsylvania Department of Revenue has loosened restrictions as to who may inventory a safe deposit box in which a decedent had an interest. By its Inheritance Tax Bulletin 2011-02, entitled Safe Deposit Box Inventories and Notice, issued May 11, 2011, PA DoR announced its modification, effective on that date, of "the procedures under which estate representatives may enter the safe deposit

"Conquer Catastrophe" Course on June 10, 2011

2011-05-19T19:16:00.004-04:00

On Friday, June 10, 2011, from 9:00 AM to 4:30 PM, the Pennsylvania Bar Institute will present a course entitled "Conquer Catastrophe: Reviving Professionally and Healing Personally". I am a course planner and a presenter. The subject? Recovery by lawyers from a personal catastrophe. The PBI's website lists the course description through a Table of Contents of the course manual. It is priced

Sandwiched Caregiving

2011-04-03T15:38:00.002-04:00

On March 22, 2011, at 9:00 AM, WITF-FM (Harrisburg, PA) presented a Radio Smart Talk program entitled Challenges faced by the "Sandwich Generation." The "Sandwich Generation" is the term describing a generation of people who care for their aging parents while supporting their own children. Merriam-Webster officially added the term to its dictionary in July 2006. The term describes "three

New Book: "The Law of Financial Abuse and Exploitation"

2011-01-26T13:57:00.004-05:00

In January, 2011, Katherine C. Pearson and Trisha E. Cowart, both associated with Penn State's Dickinson School of Law, released their new book entitled The Law of Financial Abuse and Exploitation, published by Bisel, Inc. This 382-page softcover book is described on the website of its publisher (located in Philadelphia, PA), as follows: "An ounce of prevention is better than a pound of cure."

Update to Probate Petition in PA

2011-01-18T13:13:00.003-05:00

Effective December 26, 2010, the registers of wills in Pennsylvania should be considering an additional concern in the processing of the standard probate form, RW-02, the Petition for Probate and Grant of Letters. This form has remained unchanged since instituted in 2006. See: PA EE&F Law Blog posting New Uniform Orphans' Court Forms in PA (10/18/06). This change was necessitated due to the

"The Gran' Scam of Things"

2011-01-16T12:30:00.012-05:00

The Gran' Scam of Things (2010) is a short fictional tale beginning with an email from Osagioduwa Williamson, a Nigerian banker, addressed to a senior citizen, offering her $16,000,000 if she would respond and cooperate. The fanciful comedy produced on video was written and directed by Leor Baum through Rooftop Mind Productions. The Internet Movie Database lists and describes the movie ("An

Reports about IT: Social Security Collapse?

2011-01-12T19:28:00.001-05:00

Whether the Social Security Trust Fund can remain financially viable is the subject of much study and debate, currently reported. For example, see: Americans Have Every Reason to Doubt Social Security Solvency (04/21/10) posted by The Heritage Foundation Report -- Social Security Modernization: Options to Address Solvency and Benefit Adequacy (05/13/10; 89 pages, PDF), posted by the U.S.

Talkin' SCAMS!

2011-01-06T14:28:00.003-05:00

Radio SmartTalk's broadcast on Thursday, January 6, 2011, over WITF-FM Radio (Harrisburg, PA), addressed the topic of scams -- over phone, by mail, through email, and on the Web -- in its program entitled Scams:You know those e-mails from that Nigerian prince, who just needs your bank account number so he can send you his money? Or the voice mail message from a company that wants to give you a

Dec. 31 Deadline for PA Tax Rebate Applications

2010-12-30T13:52:00.004-05:00

This is a year-end message: December 31, 2010 is the deadline to file Property Tax/Rent Rebate claim forms (PA-1000) for those who are eligible to receive a rebate from the PA Department of Revenue based upon income and status. The Program is described at www.PaPropertyTaxRelief.com. An application form can be downloaded from the PA Department of Revenue website. Again, completed applications

2011 PA Legal Holidays Listed by AOPC

2010-12-29T13:11:00.003-05:00

For many, this is a holiday week, if only in a personal mindset. But "legal holidays" are declared in advance, and are quite fixed. A county's courthouse is closed on a recognized national or statewide "legal holiday" or a local "legal holiday." On December 28, 2010, the Pennsylvania Unified Judicial System published online the legal holidays to be observed in 2011 by all employees of the

Lawyer's Christmas Greetings

2010-12-23T11:55:00.010-05:00

Yesterday, I updated my posting from three years ago, Scrooge: Broker, Lawyer, Accountant, or Banker? (12/21/07), and then included the link in email sent to some folks as a Holiday greeting. There are few analyses like it available online. Ultimately, I doubt that Scrooge was a lawyer, since he did not talk like a lawyer, even for that time. For your amusement, you may wish to consider

Tax Relief Enacted

2010-12-17T12:48:00.010-05:00

As announced in a host of media publications today, December 17, 2010, we have a new federal tax act, representing a political compromise and a temporary Congressional consensus -- but not a long-term solution -- on crucial pending income, estate/gift/generation-skipping, and social security tax issues (among other subjects). For example, on "Estate of Confusion" (a Forbes Blog) in its posting

Blogger as "Best Lawyer" and "Super Lawyer"

2010-12-06T13:32:00.004-05:00

Neil E. Hendershot Again Listed as a “Best Lawyer in America”® and as a “SuperLawyer”® Neil E. Hendershot, Esq. was selected by his peers for inclusion in the 2011 edition of The Best Lawyers in America in the specialty of Trusts and Estates. The letter sent to him by Steven Naifeh, Editor-in-Chief of Best Lawyers (styled as “The World’s Premier Guide”) stated: “Indeed, special congratulations

"Aging in America" on HealthSmart

2010-11-30T17:00:00.003-05:00

The half-hour program, HealthSmart: Aging in America, broadcast initially on WITF-TV (Public Television; Harrisburg, PA) on November 24, 2010, asks the question: "What does a senior citizen look like in today's world?" This program's response: "We all know someone who is over the age of 65 and living life to the fullest." The program examines the demographic wave of new 65+ citizens, and then

PA Health Department Posts New POLST Form

2010-11-18T13:29:00.009-05:00

On November 16, 2010, the Pennsylvania Department of Health posted on its website a new standard form for Orders for Life-Sustaining Treatment (POLST), revised 10/14/10. The form was listed under the website's Quick Links, but does not appear to be the subject of any press releases or further highlighted bulletins. The concept and implementation of physician-ordered life-sustaining treatment

Video: Getting Started in Estate Planning

2010-11-17T15:38:00.001-05:00

Forbes' video network online posted, on September 15, 2010, a short segment entitled Estate Planning: How to Get Started, starring Deborah L. Jacobs, the author of the recently-published book Estate Planning Smarts. Her advice during the interview impresses the need for personal planning, and urges that this not "be done at home" due to the pitfalls and pain that can result. Pain avoidance is

Mediation for Elderly

2010-10-20T15:27:00.015-04:00

Today I enjoyed participating in a seminar presented in Pittsburgh by the Pennsylvania Bar Institute entitled "Using Mediation to Resolve Disputes Involving the Elderly". This is the description of the course:A variety of conflicts involving elderly persons call for effective resolutions that take into consideration a multitude of varying interests and often delicate relationships. ADR, and

Adult Protective Services to be Expanded

2010-10-01T11:22:00.002-04:00

According to a Press Release issued on September 28, 2010, by PA Senator Pat Vance (R-Cumberland/York), the Pennsylvania House of Representatives on that date approved legislation sponsored by her "to provide protective services for adults with cognitive or physical disabilities." The legislation (SB 699, PN 1888) was presented to the Governor on September 29, 2010, for his consideration of

PA Law Resources Available

2010-09-30T06:30:00.023-04:00

Recently in researching, I came across a basic guide to sources of Pennsylvania law (statutory, regulatory, judicial opinions, and practice treatises) entitled "Legal Guide: Pennsylvania Practice Aids" (June, 2008; PDF, 2 pages), posted by the Widener University School of Law's library. Such a primer should be helpful for any "newbies" to the subject of Pennsylvania law, whether first-year law

Do-It-Yourself Wills, a No-No

2010-09-29T14:20:00.003-04:00

On September 7, 2010, Forbes published and posted an excellent article about "Do-It-Yourself" estate planning written by an experienced business and legal writer. Her message: "Why am I strenuously opposed to do-it-yourself wills? There are just so many things that can go wrong -- from the wording of the document, to the required formalities for how it must be signed and witnessed before it

End of Life: Concerns & Costs

2010-08-09T14:11:00.015-04:00

Last week Elwood Raber, an uncle of my wife and a long-retired science teacher, died at 86 in the Masonic Village in Elizabethtown, Pennsylvania, after his body finally shut down in slow motion, like a clock not wound -- an agony for relatives to witness while recalling active times. The health care providers and hospice servants steadied that process with awareness, knowledge, and connection.

"Wills for Heroes" Workshops Multiply in PA & DE

2010-08-03T11:00:00.008-04:00

The Pennsylvania Bar Association presses forward on its successfully-sponsored "Wills for Heroes" program, promoted by its Young Lawyers Division.The program is described by the PBA-YLD as follows:“Wills for Heroes” provides police, fire and emergency medical personnel -- those on the frontlines for our personal safety -- the tools they need to prepare adequately for the future.Programs are

PA Inheritance Tax as Law Review Subject

2010-06-16T20:30:00.003-04:00

The Pennsylvania Inheritance Tax rarely is the subject of law review articles. But the most recent issue of the Penn State Law Review (Volume 114, Issue 3), published by The Dickinson School of Law of Penn State University, contains an excellent article (known as as a "Comment") on the subject. Timothy J. Witt (J.D. 2010, Penn State) published Individuals and Inheritance Taxes: A

"Saving for Care in the Future" on WHYY

2010-06-03T16:30:00.004-04:00

On Wednesday morning, June 2, 2010, a segment was broadcast on WHYY public radio (90.9 FM) in Philadelphia entitled "Saving for Care in the Future".The broadcast segment focused upon the needs and costs of long-term care for elderly citizens, and also upon a new federal assessment adopted as a part of the 2010 federal health care law.The Community Living Assistance Services and Support Act is the

POA Reform Legislation in PA Senate

2010-05-10T17:06:00.006-04:00

On May 7, 2010, State Senator Greenleaf, with five other senators, introduced Senate Bill 1358, in an initial Printers No. 1970, which would implement the Power of Attorney Report issued in mid-March, 2010, by the Advisory Committee on Decedents' Estates Laws of the Joint State Government Commission.This is the caption and summary of the legislation:An Act amending Title 20 (Decedents, Estates

Ageing in Ireland: "Older, Louder, Stronger"

2010-05-01T03:30:00.000-04:00

In early March, 2010, a friend of mine, Katherine C. Pearson, sent me an email message from Belfast, Northern Ireland, where she conducts her sabbatical from her position as a Professor of Law at Penn State - Dickinson School of Law, in Carlisle, PA.In the fall of 2009, Professor Pearson was the Petersen Visiting Scholar in Gerontology and Family Studies at Oregon State University.During the

Genealogy Traces Roots

2010-04-20T19:30:00.002-04:00

This morning, Tuesday, April 20, 2010, WITF-FM's Radio SmartTalk focused on genealogy -- the study of families and the tracing of their lineages and history -- in an episode entitled Family Trees and Genealogy:Living in the early 21st century has its perks – among them, access to information like never before. DNA testing can help you trace your roots. Social networking sites can help you

Session on Patient/Client Health Care Decisions

2010-04-19T06:30:00.004-04:00

On Thursday, April 22, 2010, from 4 to 6 p.m., a continuing education seminar entitled "Documenting and Implementing Patient/Client Health Care Decisions" will be presented at the Allegheny County Bar Association, in its Auditorium on the Seventh Floor of the City-County Building.The sponsors are:Allegheny County Bar AssociationAllegheny County Medical SocietyUniversity of Pittsburgh School of

Would the PA Dept of Aging Change its Name?

2010-04-01T13:00:00.005-04:00

During an unscheduled late morning session held over coffee and donuts on Tuesday, April 1st, 2010, at a restaurant in Harrisburg, a representative of the Pennsylvania Department of Aging, sitting among co-workers, was overheard discussing whether the Department should change its official name to the "Pennsylvania Office of Getting Older" ("OGO" or "Pogo"). When queried, the representative

PA Aging Sec. Hall on "Graying of Pennsylvania"

2010-03-30T14:00:00.002-04:00

On Monday morning, March 29, 2010, Pennsylvania's Secretary of Aging, John Michael Hall, spoke for an hour, live, on WITF-FM (Harrisburg, PA) radio's Smart Talk on the subject "The Graying of Pennsylvania."I listened; and I recommend that anyone interested in the topic of an aging population in Pennsylvania should listen too. This is the link to listen on your multimedia computer.The interview

PA DPW Reclaims Medicaid from Charles II

2010-03-25T16:18:00.009-04:00

On March 23, 2010, a Memorandum Opinion was issued (but not reported for publication) by a three-Judge panel of the Commonwealth Court, per President Judge Leadbetter in the case Malloy v. Department of Public Welfare (No. 1575 C.D. 2009), reported unofficially online by Leagle.The holding of this case was that the Pennsylvania Department of Public Welfare could assess a recovery of overpaid

PA 2010 POA Reform Report Issued by JSGC

2010-03-23T15:00:00.014-04:00

On March 23, 2010, after an 18-month study, the Pennsylvania Joint State Government Commission issued its report, dated March, 2010:POWERS OF ATTORNEY:PROPOSED AMENDMENTS to thePROBATE, ESTATES and FIDUCIARIES CODE REPORT of the ADVISORY COMMITTEE on DECEDENTS’ ESTATES LAWS.This report was issued today in response to the requirements of House Resolution 484, Printers No. 2753 (introduced 10/

MS-NBC's Olbermann on "Life Panels" & Living Wills

2010-03-12T18:00:00.003-05:00

The Thursday evening, March 11, 2010, broadcast of Countdown with Keith Olbermann featured an update on his six months' long experiences with his ailing father and his plea for viewers to fill out an advance care directive, also known as a "living will," in his commentary, Life Panels Invaluable for Americans.In his commentary the previous night, Keith described the medical procedures endured by

Autopsies' Open Records Inspections Delayed

2009-12-31T06:30:00.006-05:00

The Associated Press reported, on December 29, 2009, in a brief article entitled Pa. judge: Coroner can delay filing autopsy report that "[a] county judge in south-central Pennsylvania says a coroner doesn't have to release the means of death of a 21-year-old man until the end of January."Cumberland County Coroner Michael Norris refused to release the means of death for Shippensburg University

Bowmaster Decides Difficult Medicaid Lien Issues

2009-12-30T13:50:00.007-05:00

On December 29, 2009, the Pennsylvania Supreme Court issued an opinion in E.D.B., v. Gerald Clair and Centre Community Hospital, No. 78 MAP 2008, that resolved a conflict in decisions issued by the Superior Court and the Commonwealth Court as to the extent of the statutory lien provided to the Pennsylvania Department of Public Welfare upon private litigation proceeds, for reimbursement to DPW of

Final PA Regs for Home Care Agencies & Registries

2009-12-16T06:30:00.008-05:00

On December 12, 2009, Final Regulations were published by the Pennsylvania Department of Health adopting minimum standards for the operation in the Commonwealth of home care agencies and home care registries.The PA Department of Health, through its Division of Home Health "establishes and enforces quality care and safety standards for Health Care Facilities in Pennsylvania," which includes state

PA Seniors in Online Wii Championship Bowl

2009-12-14T14:00:00.006-05:00

In an article dated December 11, 2009, entitled "Wii senior league bowlers to 'spare' no mercy at Tuesday's national championship game", McKnight's Long Term Care News noted that a team of seniors from Charleroi, Pennsylvania, qualified for the finals of the National Senior League™ (NSL)Wii Bowling Championship.This first Senior Wii Bowling Bowl will be held on Tuesday, December 15, 2009.After

Filing Fees Increase in PA

2009-12-10T18:30:00.004-05:00

On Tuesday, December 8, 2009, various court-related filing fees increased in Pennsylvania, pursuant to Act 46 of 2009 (formerly House Bill 1607), signed into law by the Governor on October 9, 2009.In his newsletter, Good Deeds, dated October 29, 2009, Ryan Costello, Esq., the Recorder of Deeds of Chester County, PA, noted the fee increases applicable to his row office:On October 9, 2009, Governor

Federal Elder Abuse Victims Act: Enfolded

2009-11-23T00:45:00.008-05:00

On October 21, 2009, several U.S. Senators introduced a proposed federal "Elder Abuse Victims Act (S. 1821)" as a "companion" Senate bill to one adopted earlier this year by a vote of 397 to 25 in the House, known as the Elder Abuse Victims Act (H.R. 448), introduced by Congressman Joe Sestak (D-PA). It appears that key provisions of this legislation have become enfolded into the pending Health

Laws.com Focuses on Abuse Crimes

2009-11-20T17:20:00.005-05:00

There are many websites that provide legal information to consumers and professionals. While one with a great domain name -- Laws.com -- is expanding, its staff contemplates how to educate too.Their cause: reduction of personal physical abuse, and celebration of heroes who oppose violence.Over the past few weeks, some of those staff members, like Nick Fox and Dominic Sebahia, contacted me about

OC Judges Run for Superior Court on Nov 3rd

2009-11-01T16:00:00.003-05:00

In Pennsylvania's 2009 Municipal Election to be held on Tuesday, November 3, 2009, voters interested in elder, estate, trust or other fiduciary matters should note (and hopefully vote for) two highly qualified Common Pleas judges with extensive Orphans' Court experience who are candidates for Superior Court -- Judge Anne E. Lazarus and Judge Paula Ott.Judge Anne E. Lazarus, of Philadelphia, is

"Charitable Giving: Past, Present & Future" at PSU's Hershey Medical Center

2009-10-28T23:50:00.005-04:00

On Thursday afternoon, October 29, 2009, beginning at 4:30 pm, Penn State University and the Milton S. Hershey Medical Center, will hold a reception and then a one-hour presentation entitled Charitable Gift Planning at the Hershey County Club, in its Picard Grand Pavilion, 1000 E. Derry Road, Hershey, PA 17033.The reception is hosted by Harold L. Paz, M.D., Senior Vice President for Health

"Law of the Aged" Web Links

2009-10-23T06:30:00.000-04:00

The Duquesne University Center for Legal Information, which is also the website for the Allegheny County Law Library, lists useful links and resources on its web page dedicated to the "Law of the Aged." These include:Web Sites MegaLaw - Elder Law

PA Bar Association's "Senior Guide" Reissued

2009-10-19T13:30:00.004-04:00

In September, 2009, the Pennsylvania Bar Association issued its 2009 Guide to Legal Issues for PA Senior Citizens, available free in PDF format on its website and by request in printed form.This annually-revised guide, developed by the Senior Lawyers Committee of the PBA, provides information about legal issues faced by Pennsylvania's older residents and their caregivers. The information provided

Special Needs Trusts Address Long-Term Disabilities

2009-09-01T06:30:00.003-04:00

On August 19, 2009, Michael A. Cassidy, Esq., of Tucker Arensberg, P.C., posted an entry on the Med Law Blog, entitled "Special-needs trusts can provide for disabled children."He highlighted an article of the same title published the day before by the Pittsburgh Post-Gazette. I repost it, since the topic is so important to families of disabled or handicapped children, and the article is

How I Survived My Summer Vacation

2009-08-31T14:35:00.005-04:00

I have not posted on this Blog since July 20th, because I could not. Two days later, while on vacation in Ocean City, Maryland, I experienced a sudden and severe accident in the surf that resulted in emergency spinal surgery at the University of Maryland's "R. Adams Cowley Shock Trauma Center", in Baltimore. Since July 30th, I've been recovering at home.The surgeon, Dr. Bizhan Aarabi and his

New Cause of Action under FINRA Found

2009-07-20T15:45:00.003-04:00

A decision issued on June 30, 2009, by a three-judge panel of the U.S. Third Circuit Court of Appeals, in Sarah Grammer v. John J. Kane Regional Centers-Glen Hazel (PDF, 23 pages), likely will impact nursing home and rehabilitation facilities that provide care subject to the Federal Nursing Home Reform Amendments (FNHRA). The decision reversed a ruling by the United States District Court for

Proposed New PA "Department of Aging and Long-Term Living"

2009-07-17T06:30:00.001-04:00

A brief news item entitled "Bill would expand Aging department's oversight" by Scott Gilbert, posted on July 16, 2009, by WITF (Harrisburg, PA), noted the proposed restructuring of the Pennsylvania Office of Long Term Living (OLTL) into the Pennsylvania Department of Aging (DoA)All long-term living facilities, for seniors and younger people alike, may soon fall under one state agency.The

PA's "Filial Responsibility" Law in the News

2009-07-16T06:30:00.004-04:00

Within the past few days, major media -- the Philadelphia Inquirer and ABC News -- published accounts about Pennsylvania's filial responsibility law, drawing attention to the desperation caused in some families in the Commonwealth who are compelled to support their parents' costly care needs despite their disconnection or their best efforts.The Inquirer, from Philadelphia, published its article,

"Growing Old in America" Report by Pew

2009-07-14T18:00:00.003-04:00

On July 7, 2009, the SmartTalk radio discussion program, offered by Public Broadcasting System affiliate WITF-FM (Harrisburg, PA), presented the topic "The New Generation Gap" with guest Kim Parker, a Senior Researcher at Pew Social & Demographic Trends, of the Pew Research Center.The generation gap. It sounds like a relic of the 1960s when young Americans rebelled against the traditions and

July 24th Deadline for Assisted Living Regs

2009-07-13T06:30:00.001-04:00

The Pennsylvania Assisted Living Consumer Alliance (PALCA) recently updated its website to explain recent developments in proposed assisted living licensure requirements for Pennsylvania, and to announce a July 24, 2009 deadline established by the Pennsylvania Department of Public Welfare, Office of Long-Term Living (DPW) to receive additional comments on proposed regulations.The Pennsylvania

New PA Judicial Center Open for Occupancy

2009-07-10T06:30:00.001-04:00

The newly-constructed Pennsylvania Judicial Center, located in the Capitol complex in Harrisburg, finally is receiving its new occupants.According to a news report entitled "Judicial Center in Harrisburg built to last a lifetime" by Jan Murphy, published in The Patriot-News on December 27, 2008, the PJC was expected to be completed by April, 2009, after nearly three years in

"Creativity" in Elder Law Promoted

2009-07-09T14:00:00.004-04:00

The Elder Law & Consumer Protection Clinic at Penn State/Dickinson Law School issued the Summer, 2009 issue of its newsletter, Adventures in Law and Aging (PDF, 4 pages), with the theme of "creativity" in addressing elder law issues in Pennsylvania.This is the Table of Contents of the Summer 2009 Newsletter:GUARDIANSHIP REFORM: The Need for Creative Approaches to Fiduciary Support, by Professor

Proposed DPW Lien Expansion Opposed

2009-07-02T11:15:00.005-04:00

Since April, 2009, Pennsylvania lawyers carefully followed proposed state legislation (House Bill 1351) that would significantly expand Medicaid recovery beyond the current target -- a recipient's estate after death -- to more targets in which a recipient has a limited or partial lifetime interest. The effects on such other, remote interests in property would be far reaching.Recently, Jeffrey A.

PBA Elder Law Newsletter (Spring, 2009) Available

2009-06-17T16:00:00.002-04:00

In May, 2009, the Elder Law Section of the Pennsylvania Bar Association issued its semi-annual Newsletter, Vol. 8, No. 1 (PDF, 31 pages), containing fifteen articles or notices, to its members.For a limited time, that issue is available publicly on the PBA's website here, in PDF format for viewing or download.The contents of the Spring, 2009 PBA Elder Law Section Newsletter are set forth on its

More "Truth About Probate and Living Trusts"

2009-06-16T17:15:00.007-04:00

The Allegheny County Bar Association and the Pennsylvania Attorney General’s Office will conduct a second, free “Truth About Probate and Living Trusts” Clinic for the public, this time in the North Hills area of Allegheny County, PA (not the North Hills in Montgomery County, PA) on Monday, June 29, 2009.I received word about the scheduled repeat of the public presentation in an email message from

Social Security & Medicare Slipping into the Future

2009-05-21T10:00:00.011-04:00

CNN posted an interview headlined "Medicare is the real danger, not social security" on May 13, 2009, that highlighted the significant slippage in sustainability of the present Medicare and Social Security benefit systems.Unfunded obligations of both Social Security and Medicare are "slipping into the future" faster than previously expected, which demand remedial action now, not later.Bob Weiner

New "Quality Council" to Advise on Independent Living Services

2009-05-14T10:00:00.002-04:00

On May 12, 2009, the Pennsylvania Department of Aging and the Pennsylvania Department of Public Welfare, through its Office of Long-Term Living, announced creation of a new advisory council to focus on "quality management of in-home and community services" provided in the Commonwealth.The DoA's press release, entitled "Council Formed to Advise on Improving Services to Older Adults, People with

Blogging on the Bus

2009-05-07T10:30:00.011-04:00

I'm riding on a bus as I write this blog entry, which illustrates, in just one trip, a few trends affecting elders (and all of us in America) -- changes in employment patterns, in technology, and in mass transit.The bus I'm riding is a Setra, Model S-417 Luxury Coach, assembled in North Carolina by Daimler Buses North America. The operator is RDC Bus Lines, LLC, a small business headquartered in

PBA's Young Lawyers Sponsor "Wills for Heroes"

2009-05-06T11:45:00.006-04:00

In 2009, the Pennsylvania Bar Association, through its Young Lawyers Division, now sponsors a Wills for Heroes program, which "provides no-cost wills, living wills, and health care and financial powers of attorney to first responders and their spouses/partners."The PBA-YLD web page for its "Wills for Heroes" project explains the new project, in planning since last summer:A program cosponsored by

New Advance Directive Form Released

2009-05-05T12:00:00.007-04:00

Recently, Robert B. Wolf, Esq., of Pittsburgh, PA, sent an email alert to his "P & T Hot Tip" recipients and to the Pennsylvania members of the American College of Trust and Estate Counsel regarding a newly-revised Health Care Power of Attorney and Living Will document developed and posted jointly by physicians and lawyers in Western Pennsylvania.With his permission I repost his message, with

Proposed Expansion of PA Medicaid Recovery

2009-05-01T12:30:00.009-04:00

On Friday, May 1, 2009, Katherine Pearson (Professor of Law, Penn State Dickinson School of Law), as Chair of the Pennsylvania Bar Association's Elder Law Section, sent an email message alerting section members that, "[a]s part of a plan to implement Governor Rendell's proposed budget for the Commonwealth, legislation was introduced on April 28 that would significantly affect Medical Assistance (

Real Estate Tax: Reassessments Needed More Often

2009-04-30T09:30:00.004-04:00

On April 29, 2009, the Pennsylvania Supreme Court unanimously held, in a Majority Opinion written by Chief Justice Castille in Clifton, et al. v. Allegheny County, Nos. 20 & 21 WAP 2007 (PDF, 53 pages), that "the base year method of property valuation, as applied in Allegheny County [PA], violates the Uniformity Clause. We therefore agree that a countywide reassessment is required."A Concurring

"Blogging" Article in PA Lawyer Magazine

2009-04-29T10:00:00.004-04:00

Pennsylvania attorney (& blogger) Kelly Phillips Erb, Esq., of Philadelphia, PA, wrote an article, entitled "Law 2.0: A Legal Blogging Primer," published in the May-June, 2009 issue of The Pennsylvania Lawyer, for the membership of the Pennsylvania Bar Association.I know Kelly as the author of the popular Tax Girl blog, listed in the American Bar Association's Top 100 Blogs of 2009, and as a

"Adventures in Law & Aging" -- Spring, 2009 Issue

2009-04-27T13:59:00.003-04:00

The Elder Law & Consumer Protection Clinic at Penn State/Dickinson Law School issued its most recent newsletter, Adventures in Law and Aging (Spring, 2009).The newsletter, available online in PDF format (4 pages), contains articles about elder law practice in addition to those regarding legal education and activities of that law school's elder law clinic, in Carlisle, PA:The Creative Grandparent,

The Heat is On: Federal Estate Tax Reform Brews

2009-04-24T11:00:00.002-04:00

Congress returned from its Spring Recess on April 20, 2009, and now confronts many significant issues. Among them is federal estate tax reform, presently sent to House and Senate Conference Committee negotiations in anticipation of acceptable legislation.On April 9, 2009, Web CPA posted an article entitled "Estate Tax Planning for 2009 and Beyond" by Jonathan M. Forster and Jennifer M. Smith,

Senior Athletes and Senior Idols

2009-04-17T10:30:00.003-04:00

On April 14, 2009, the York (PA) Daily Record published an article entitled "Former Senior Idol competitor donates body to study" by Teresa McMinn, who reported that 92-year-old Ed Clautice recently helped "doctors study aging even after his death."Ed Clautice believed that helping others and staying physically and socially active would help him maintain a long and happy life. Apparently, he was

"Free Ride" Over for PA DPW in Personal Injury Recoveries?

2009-04-14T06:30:00.008-04:00

On March 25, 2009, a U.S. District Court in Pennsylvania issued a Memorandum Opinion in Tristani v. Richman, 2009 WL 799747 (W.D.Pa. Mar. 25, 2009; No. 06-694).The decision held that that Pennsylvania's Medicaid recoupment, anti-lien, and anti-recovery statutory provisions create enforceable rights under Section 1983; and that such provisions bar recovery by the Commonwealth directly from a

Offshore Accounts in Dangerous Waters

2009-04-13T12:30:00.006-04:00

According to "IRS: Offshore account holders told fess up to lower penalties" (03/27/09) by Kevin McCoy, published in USA Today, the Internal Revenue Service finally is claiming its tax stake in unreported offshore accounts owned or controlled by U.S. citizens, under severe penalties if voluntary compliance is not forthcoming.Trying to lure wealthy Americans to disclose assets hidden offshore, the

Lawyers & a Judge Educate about Living Trust Scams

2009-03-23T06:30:00.000-04:00

On March 20, 2009, the Pittsburgh Post-Gazette published a brief article entitled "Free legal clinic offered on probate, living trusts" that announced a free legal clinic, hosted by both the Allegheny County Bar Association and the Pennsylvania Attorney General's Office, to discuss issues involving probate and living trusts to be held on March 31, 2009, in Pittsburgh. The clinic will feature a

Health Care Reform Symposium at Susquehanna

2009-03-20T14:01:00.003-04:00

In a News Release issued March 9, 2009, Susquehanna University, in Selinsgrove, PA, announced that "National and regional experts will debate merits of universal coverage" during a symposium to be held on campus on Wednesday, March 25th & Thursday, March 26th, 2009.A panel of respected health policy experts — including lawmakers, a best-selling author and a foundation executive — will meet at

"Broken Trust" Elder Abuse Study Released

2009-03-19T06:30:00.005-04:00

In March, 2009, a new study on elder abuse prevention, entitled "Broken Trust: Elders, Family, and Finances" (PDF, 40 pages), was issued by the MetLife Mature Market Institute, the National Committee for the Prevention of Elder Abuse, and the Center for Gerontology at Virginia Polytechnical Institute & State University.Release of the Report was announced in a Press Release dated March 17, 2009,

AHLA Session on Advance Care Planning

2009-03-18T06:30:00.001-04:00

On April 8, 2009, at 1:00 p.m. EDT, the American Health Lawyers Association will offer a one-hour teleconference, Honoring Our Patients and Capturing Lost Opportunities: The Financial, Legal, and Practical Benefits of Advance Planning, for a fee of $30 (either member or non-member). Materials for the session will be available on April 1st.This is the description of the call-in session, which is

Medicare to Cover Sleep Disorder Treatments

2009-03-17T10:00:00.005-04:00

On March 3, 2009, the Centers for Medicare & Medicaid Services announced that Medicare will cover sleep testing for the diagnosis of obstructive sleep apnea.CMS finds that the evidence is sufficient to determine that the results of the sleep tests identified below can be used by a beneficiary’s treating physician to diagnose OSA, that the use of such sleep testing technologies demonstrates

New Attempts to Abolish PA Inheritance Tax

2009-03-02T06:30:00.004-05:00

Pennsylvania's "death" taxes are again targeted for phase-out by some mid-state legislators. But given the grim economy both nationwide and statewide, their chances for success appear dim.On February 28, 2009, the York [PA] Daily Record & Sunday News reported, in its article entitled 'Death tax' targeted by mid-state lawmakers, by Richard Fellinger, that "a] group of midstate House Republicans

Federal "Elder Abuse Victims Act" Reintroduced

2009-02-20T19:00:00.002-05:00

On February 11, 2009, the U.S. House of Representatives passed a bill reintroduced on January 9, 2009, by Rep Joe Sestak and co-sponsors, entitled the Elder Abuse Victims Act of 2009 (House Resolution 448), and sent it to the U.S. Senate for consideration.The text of the legislation is found here, and a summary of its provisions is found here. The summary of H.R. 448 states its purpose:To protect

"How Attorneys Can Address Abuse of the Elderly"

2009-02-09T10:30:00.003-05:00

On Thursday, February 12, 2009, the Dauphin County (PA) Bar Association, through its Estate Planning & Probate Section, will host, for the Dauphin County Register of Wills, a "Breakfast with the Register" continuing legal education session for attorneys.The DCBA website notes the upcoming CLE session, as follows: Thursday, February 12, 2009 -- "Breakfast With The Register"Time: 7:30 a.m.

What is a "Gun Trust"?

2009-02-03T06:30:00.007-05:00

Joshua G. Prince authored an article entitled The New Trust on the Block -- the "Gun Trust." I am pleased to post his simplified explanation of a concept foreign to many professionals and consumers.Josh is now a third-year law student at Widener University School of Law (Harrisburg Campus). He was the author of three prior articles, which I edited and posted on this Blog in 2007 about the