Laws.com Focuses on Abuse Crimes

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 their organization, its mission to educate the public about laws generally, and their proposed initiative against violence, beginning with child abuse prevention.

This group intends to address its audiences of lawyers, law students, and consumers through companion websites, now in development.

On a Friday afternoon a few weeks ago, through the Internet magic of Skype software and his laptop's web cam, Dominic spontaneously took me on an audio-visual walking tour of the Laws.com offices in Mahwah, New Jersey. He introduced me to many of the staffers, who worked at their keyboards and monitors. They seem to be a dedicated, grounded, and even fun-loving group.

This is their posted statement of purpose:

Here at Laws.com we are extremely dedicated to stop crime and award heroes.

Laws.com is a firm believer in providing the public with a free flow of information, especially, in the area of crime prevention. Laws.com does not only work closely, but also supports the top organizations around the world.

Our goals are to keep the public informed, provide the most updated information on current issues, supply crime prevention solutions, and make sure we help make this world a safer place. We want to help protect and serve all people in today's society.

Laws.com will reward the good and help stop the bad, one crime at a time.* * *

A theme that resonates through the website of Laws.com is "justice." The filtered news accounts tell stories about physical assaults, sexual mistreatment, criminal verdicts, court sentences, incarcerations, and the like.

Skimming the stories causes me to react with sadness that such violence and mistreatment occurs. Many victims become dysfunctional adults who perpetuate a cycle of violence victimizing helpless others, usually family members very young or very old.

So, I support their efforts to create an educational legal website that illuminates efforts to contain or to curtail, such destructive personal violence.

I asked them to provide me with a quick summary of their focus and plans. Numer F. Najja sent me this, with consent to repost.

For the past few weeks, Laws.com has been in the middle of a campaign to help child abuse in any way that we can.

We have been working with several different organizations and people that are very dedicated to this cause, with attorney Neil Hendershot being one of our top allies.

In these recent weeks, we have been providing our readers with the latest legal news regarding child abuse. There are links to blogs that are maintained by child abuse prevention organizations and survivors that have shared their stories in our Blogs for Justice section, and quite a few child advocacy and anti-violence group profiles can be found in the Organizations for Justice section.

To make sure that children know what to do when they find themselves in a situation where they are being abused by an adult, or if anybody witnesses violence against a child, Laws has provided child abuse hotlines for every state in the United States of America in our Report Crime section.

It is very important that people know what constitutes child abuse and the repercussions for violations. That is why we have provided information about child abuse law for people that may be unfamiliar with that type of legislation. This information can be found in the Laws section on our website.

We will be continuing to do what we can for the children and anybody else that may need our help, and we hope to keep working with our good friend Neil Hendershot in the future.

I acknowledge the great harms created in child abuse. However, my focus remains on elder abuse.

So I offered to provide reputable online resource links and some material regarding elder abuse to the folks at Laws.com. They responded with eager anticipation that their website could be so expanded.

“Nothing good ever comes of violence.”

-- Martin Luther (quoted on ThinkExist)
German priest & scholar (1483-1546)
who initiated the Protestant Reformation

OC Judges Run for Superior Court on Nov 3rd

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 running as a Democrat for Superior Court. Her biography (also found on the State Democratic Committee website) is impressive, and includes a brief mention of her Orphans' Court Division activities:

As a Common Pleas Judge, she has overseen a wide range of cases, having served previously on the Criminal and Civil divisions of the Common Pleas Bench and currently on the Orphans’ Court. She was also the first female judge in Philadelphia to handle the “Rocket Docket,” arguably the most rigorous docket in the court system. Prior to joining the Court, Judge Lazarus worked for fifteen years as an attorney.

In addition to her work with the Court of Common Pleas, Judge Lazarus chairs the Ethics Committee of the Pennsylvania Conference of State Trial Judges and was appointed to the Governor’s Commission on Crime and Delinquency. Lazarus was also the first Chancellor of the Louis D. Brandeis Law Society, a society for Jewish lawyers and judges.

Having served as the chairperson of both the First Judicial District of Pennsylvania Judges’ Pro Bono Committee and the First Judicial District of Pennsylvania’s Merit Selection Committee, Judge Lazarus is well-known for her commitment to the community and the legal profession. She is also a member of the board of the Philadelphia Volunteers for the Indigent Program, an organization committed to providing pro bono services to those unable to afford legal assistance.

Among countless awards over the years, she is most proud of her recognition by the Pennsylvania Bar Association as the first-ever recipient of the Judicial Pro Bono Award.

Judge Lazarus serves as an adjunct professor at the Widener University School of Law, the National Judicial College, and the National Institute of Trial Advocacy. Over the years, she has also mentored law students and young lawyers, advocating pro bono service and encouraging her peers to participate in pro bono programs. * * *

I was surprised that her biography made no mention of her extensive involvement with the Joint State Government Commission's Advisory Committee on Decedents' Estate Laws involving Orphans' Court matters, or her participation on its drafting subcommittees regarding powers of attorney, and transfers without probate.

Somehow, among all her other activities, she has managed to attend and participate meaningfully at the Advisory Committee meetings and in the work sessions of at least these two drafting committees.

I became acquainted with Judge Lazarus in these activities. I spoke with her once in a presentation to the Pennsylvania Bar Association's Real Property, Probate & Trust Law Section, about the role of the Orphans' Court Division. In my view, she is a bright, authentic, and caring person, who, as a trial judge, has acted as a protector of funds and people through the Orphans Court Division.

Judge Paula Ott, of Chester County, is running as a Republican for Superior Court. Her biography (also found on the State Republican Committee website), is equally impressive, and likewise highlights her role in Orphans' Court Division activities:

Paula Ott was elected the first woman judge in Chester County in 1991 and was retained in 2001. In more than 17 years as a judge, she has presided over all types of cases, including death penalty cases.

In 2005, Paula Ott was elected President Judge by her fellow judges. During her term as President Judge, her most challenging project has been the completion and occupation of a new Justice Center, which now houses nearly 700 employees. * * *

Paula Ott can bring to the Superior Court her expertise in Orphans' Court litigation. Orphans' Court is a separate division that handles adoptions, guardianships for incapacitated persons, will contests and trust and estate administration. She practiced in this area before becoming a judge and has presided in Orphans' Court since 1992. She also serves on the Pennsylvania Supreme Court Orphans' Court Rules Committee and the Joint State Government Commission Advisory Committee on Decedents' Estates Laws.

Judge Ott was President of the Pennsylvania Conference of State Trial Judges (2003-2004) and has co-chaired the President Judges' Committee for the past four years. Judge Ott has served on committees that promote best practices in the judicial system, such as the Pennsylvania Bar Association's Commission for Justice Initiatives, the Supreme Court's Advisory Committee on Court Reporting and Transcripts and the Implementation Committee of the Interbranch Commission for Gender, Racial and Ethnic Fairness.* * *

Judge Ott's biography mentions her work through the Joint State Government Commission's Advisory Committee on Decedents' Estate Laws, and also through another crucial group influencing Orphans' Court practice -- the Pennsylvania Supreme Court Orphans' Court Rules Committee. I met Judge Paula Ott during meetings of both these groups.

In my view, she is unpretentious, considerate, intelligent, decisive, and grounded.

The Superior Court needs judges with Orphans' Court experience to decide cases through its panels and in its full court considerations of appeals from that Division.

Beyond their dedication to the constituencies of the Orphans' Court Division, I respect both these candidates for their community involvement, legal skills, good judgment, and personal tenacity.

I will vote for Judge Anne E. Lazarus and for Judge Paula Ott on Tuesday, November 3rd; and I urge others to do so too.

Update: 11/02/09:

Voters should consult the Voters Guide (PDF, 3 pages) posted by the League of Women Voters of Pennsylvania regarding statewide candidates, including those for judicial positions, to be elected on November 3rd.

Update: 11/11/09:

Paula Ott won a seat on the Superior Court, and Anne Lazarus may do so, whether by acceptance or recount. See: Recount possible for 4th Pa. Superior Court seat an Associated Press report published in The Philadelphia Inquirer on November 11, 2009:

A recount for a tight Pennsylvania Superior Court election could begin Monday, but a waiver of the right to a recount by one more candidate could stop the expensive process, state officials said yesterday. * * *

Voters last week were to choose four Superior Court judges. A tally released last night based on unofficial returns from all 67 counties showed Judy Olson, Sallie Mundy, and Paula Ott got the three highest vote totals. They are elected.

The race for the fourth seat, however, was close, with Anne Lazarus leading three other candidates who trailed her by less than half of 1 percent.

A recount is automatic under Pennsylvania law unless all three trailing candidates give up that right. Two of the trailing candidates, Robert Colville and Kevin Francis McCarthy, have indicated that they would waive a recount if the others do as well. The remaining candidate, Temp Smith, could not be reached last night. The Department of State said a total of 6,314,250 votes were cast. Lazarus received 723,954 votes; Colville, 721,948; Smith, 720,624, and McCarthy, 711,240.

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

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 Affairs for Penn State, Dean of Penn State College of Medicine, and Chief Executive Officer of Penn State Milton S. Hershey Medical Center, and by Mark Faulkner, Esq., Partner, McQuaide Blasko.

The speaker will be me.

I will make a presentation for an hour (5:15 - 6:15 pm) entitled "Charitable Giving: Past, Present, and Future" tracing what has transpired, is happening now, and can happen in Hershey, Pennsylvania through charitable donations.

In nearly fifty PowerPoint slides, I borrow from etymology, world and local history, the Milton S. Hershey legacy, Professor Don Kelly's fine software program The Intuitive Estate Planner (now in Version 13, updated 10/13/09, published by Thompson-West), recent photos taken at Hershey Medical Center, the ten-year development plan for HMC, and my own recent experience as a patient in a similar medical system to consider the purpose and value of charitable giving.

I conclude that the greatest giving arises from the deepest appreciation of suffering and the strongest determination to remedy it beyond ourselves.

We lawyers draft documents to define purposes and uses of charitable gifts. Accountants count the income and estate tax savings accruing from charitable gifts. Investment advisors study the most appropriate holdings or income earnings of gifts in the hands of a charity. Development officers tout the merits of one institution or gift program over another.

But the real purpose of a charitable gift is to help others with the least fuss and the most effect.

In my recent examination of the great work, the good people, and the consistent mission of Penn State's Hershey Medical Center, I conclude that its facilities, research programs, and patient services are worthy objectives for charitable donations, small or large.

"Law of the Aged" Web Links

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
Virtual Chase - Elder Law
WashLaw - Elder Law
ABA - Commission on Law & Aging

Blawgs and RSS Feeds

Elder Law Prof Blog
PA Elder, Estate and Fiduciary Law Blog
Justia - Elder Law Law Blogs

Articles

Justia - Elder Law Articles

The referenced websites offer many resources, but some are a bit dated -- MegaLaw (updated in 2007) and Virtual Chase (updated in 2004). Still, such academic websites offer more trustworthy website links than would a mere Internet search on a term like "elder law", which often places commercial websites in prominent positions among results.

For another academic presentation of current and detailed legal websites, focused primarily on Pennsylvania, but extending beyond, as previously noted in my posting "PA Legal Research Websites" Shines (05/01/08), see Pennsylvania Legal Research Web Sites, by Dittakavi Rao.

PA Bar Association's "Senior Guide" Reissued

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 helps seniors make appropriate choices so they can maximize personal autonomy, minimize costs, navigate through the maze of government benefits, and protect themselves against predators who want to deceive, exploit or defraud.

The Foreword to the revised publication explains the objective of the publication:

This guide is designed to provide information about legal issues faced by Pennsylvania’s older residents and their caregivers. Its authors and publishers intend to help seniors make appropriate choices so they can maximize personal autonomy, minimize costs, navigate through the maze of government benefits, and protect themselves against predators who want to deceive, exploit or defraud.

Senior citizens within Pennsylvania require timely and reliable access to legal information. The Senior Lawyers Committee of the Pennsylvania Bar Association has determined that it can best serve the needs of the legal community by serving the needs of the citizens of Pennsylvania.

Its concentration on the creation of this statewide Guide for Senior Citizens is complimented by other programs such as a mentoring project, a pro bono project and the sponsorship of continuing legal education (CLE) programs, all designed to aid the legal community by offering the expertise of older, more experienced attorneys to all Pennsylvania practitioners. This in turn helps to bring the best possible representation to the clients of Pennsylvania Lawyers.

This publication, in its 94 pages, is like a textbook for consumers on issues in the areas of Elder Law. I last noted such free, quality publications offered by bar associations in a posting entitled Online PA "Elder Law" References (01/26/07).

These areas of the law are noted in the publication's Table of Contents:

Elder Law

• Attorney-Client Relations

• Continuing Legal Education

• Pennsylvania Lawyers Fund For Client Security

• Choosing an Attorney

• Pennsylvania Local Lawyer Referral Services

Older Americans Act

• Area Agencies on Aging

• Services Provided

• Attendant Care

• Senior Adult Activities Center (SAAC)

• Resources

Financial Planning

• Income Tax Planning

• Tax Preparation

• Standard Deduction at Age 65

• Income Tax Credit Age 65 or Older

• Medical Expense Deductions

• Sale of Residence; Exclusion of Gain from Income

• Tax Basis; Special Rules for Surviving Spouses

• Reverse Mortgages (Home Equity Conversion)

• Basic Requirements

• Types of Reverse Mortgages

• Impact of Reverse Mortgages

• Property Tax and Rent Rebates

• Amount of Rebates

Estate Planning

• The Will

• Trusts

• Revocable Living Trusts

• Non-Probate Property

• Inheritance, Estate and Gift Taxes

• Pennsylvania Inheritance Tax

• Federal Estate and Gift Taxes

• Planning for Gifts

• Meeting with your Lawyer

Power of Attorney

• Revoking a Power of Attorney

• Special Powers of Attorney

• Failure to Act
  

• Fraud

• Health Care Provisions in a Power of Attorney

• Health Care Powers of Attorney and Living Wills

HIPPA

• Out of Hospital Do Not Resuscitate (DNR) Orders

Guardianships

• Hearing Before the Court

Social Security

• Applying for Benefits From the Social Security Office

• Deadlines

• Toll-Free Social Security Number

• Website

• Written Explanation for Denial of Benefits

• Correcting Records with Social Security

• Legal Assistance

• Social Security Benefits

• Retirement Benefits

• Social Security Disability Insurance Benefits (SSDIB)

• Supplemental Security Income Benefits (SSI)

• Survivor Benefits

• Benefits for a Divorced Spouse

• Benefits for a Divorced Widow(er)s

• Income Tax on Social Security Benefits

• Considerations and Issues to be Aware of if you Already Receive Some Benefits

• Resources

• Social Security Fact Sheet

Medicare

• Part A – Hospital Insurance.

• Part B – Medical Insurance

• Additional Insurance

• Medigap Medicare Supplement Insurance Policies

• Medicare Advantage

• Medicare Savings Program

• Notice Questions and Appeals

• Appeals
  

• Part D Assistance for Persons with Low Income

Medicaid

• Eligibility

• Disqualification

• Estate Recovery

• Medicaid Planning

Apprise

Pennsylvania Low Income Home Energy Assistance Program (LIHEAP)

Public Benefits

• Railroad Retirement Benefits

• Disability Benefits

Veterans’ Benefits

• Federal Benefits for Veterans and Dependants

• Veterans’ Health Care Benefits

• The Veterans’ Uniform Benefits Package Medicare

• Additional Prescription Benefits for Members of the Uniformed Services

• Legal Counseling for Veteran’s Benefits

Public Benefits for Non-Citizens

Low Cost Legal Services

Long Term Care Facilities

• Nursing Homes

• Resident’s Rights

• Assisted Living Facilities

• Questions

• Resident’s Rights

• Continuing Care Retirement Communities (CCRC)
  

Housing Options

• Services for Individuals who Remain in Their Homes

• Independent Housing Options

• Housing Options for Individuals Who May Require Assistance or Supervision

• National Housing Locator for Seniors

• The National Family Caregiver Support Program

• Geriatric Care Managers

• Nursing Home Licenses

• Resources

Long Term Care Insurance

• Long Term Care Costs

• Services Covered

• Coverage Needed

• Factors Affecting Costs

• Benefit Triggers

• Newest Developments

• Consumer Tips

• Independent Advice

• Resources

Elder Abuse and Neglect

• Signs of Abuse or Neglect

• If you Observe Abuse or Neglect
  

• If you are Abused

• Protection From Abuse Orders (PFAs)

• Zero Tolerance of Abuse

Americans with Disabilities Act (ADA)

• Disability Defined

• Accommodations

• Reassignment

Age Discrimination in Employment Act (ADEA)

• Protection from Discrimination Against Caregivers

• Special Agencies

Consumer Protection

• Pennsylvania Consumer Protection Bureau

• Suggestions for Resolving Complaints.

• Avoiding Scams

• Charitable Organizations

• Mail Fraud or Identity Theft

• Telemarketing

• Do Not Call Lists

• On-line Scams

• Resources

Grandparents’ Custody and Visitation Rights

Mediation Services

• Benefits of Mediation

Drivers’ Licenses

Identification Cards

Handicapped Parking

Personal Records

• A Checklist for Your Personal Filing System

Index

Dedicated lawyers, working pro bono, initiated, revised, and updated this Guide to Legal Issues for PA Senior Citizens.

It is reliable, current, and useful, and, therefore, is highly recommended as a resource.

Special Needs Trusts Address Long-Term Disabilities

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 excellent.

The Pittsburgh Post Gazette recently ran an article entitled "Special-needs trusts can provide for disabled children".

This article highlights an essential planning tool for individuals with special needs and their loved ones, but also the complexity of such planning. Special needs planning requires a strong estate planning foundation in addition to a working knowledge of public benefits eligibility rules.

The article notes that "anyone receiving Social Security disability benefits cannot have more than $2,000 in his own name without losing the benefits." An often misunderstood concept is the distinction between Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits.

Both SSDI and SSI require that a recipient be "disabled" as defined under the Social Security Act. However, SSDI is an entitlement benefit based an individual's earnings history whereas SSI is a means-tested benefit. SSDI, therefore, requires no inquiry into an applicant's countable resources where as SSI generally applies a $2,000 resource limit.

In Pennsylvania, an individual who qualifies for SSI typically automatically receives Medical Assistance (Medicaid) benefits, which is often the most sought after of the means-tested public benefits.

For children with disabilities, Medical Assistance can serve as a primary or secondary insurance. If used as a secondary insurance, Medical Assistance often provides vital care rarely covered by employer-provided insurance, such as behavioral health wraparound services, in-home nursing/therapies/personal care, diapers, nutritional supplements and transportation. Children in Pennsylvania may qualify for Medical Assistance regardless of their eligibility for SSI and, in certain instances, their parents income.

I am aware from my involvement in past and current cases preparing, or seeking court approval of, special needs trusts, that the warning in the article should be heeded:

But recent rule changes have made the proper drafting of these trusts more important than ever. Several challenges to improperly worded trusts have caused government benefits to be denied to trust beneficiaries. * * *