News & Analysis as of

Elder Issues

Choosing Guardianship for Seniors – Five Factors for Consideration

A guardianship is a wonderful vehicle to assist seniors and their families in certain difficult situations. Filing a petition for appointment of a guardian over a loved one is a difficult decision that involves discernment...more

New FINRA Rules to Combat Financial Exploitation of Seniors

The Financial Industry Regulatory Authority, universally known as FINRA, is a not for profit organization (not a government agency) that regulates member brokerage firms and the brokers that deal with the public. All...more

Many People with Disabilities Not Taking Advantage of Tax Credit

Although millions of people each year earn cash refunds from the Internal Revenue Service (IRS) via the Earned Income Tax Credit (EITC), many others, including many people with disabilities, are not taking advantage of this...more

Privacy Tip #129 – As New Medicare Cards are Issued: Beware of Scams

This writer has been lamenting for years about the fact that Medicare recipients’ Social Security numbers are included on the face of the card. This is an unnecessary risk posed to Medicare recipients, which are primarily...more

Are Workers' Comp Benefits Ever Taxable?

In the vast majority of cases, workers’ compensation benefits are fully tax exempt, at the federal, state and local level. But this is not always the case where the workers' comp beneficiary is also receiving Social Security...more

SEC 2018 Examination Priorities Match Chairman Clayton’s Priorities as Reflected in the Agency’s Budget Request

by Dechert LLP on

This year’s examination priorities of the Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) were announced on February 6, 2018, and cover five broad, albeit...more

New Law Mandates Creation of a National Plan to Support Caregivers

On January 22, 2018, President Trump signed a new bill into law aimed at addressing the challenges that the nation’s millions of family caregivers face....more

Q&A with Samuel P. Clancy: Long-term care industry adds abuse through technology to definitions

by GableGotwals on

Long-term care industry adds abuse through technology to definitions - Q: Individuals working in long-term-care facilities increasingly have shared inappropriate photos and recordings of residents on social media — often...more

More Frequent Paydays Could Mean More Reliable Employees

A Florida fast food franchisee recently experimented with a pilot program which allowed employees to receive one-half of their pay for a shift the next day via a debit card (without any fees or other costs to the employee). ...more

Undue Influence in Virginia: Does the Undue Influencer Have to Be a Beneficiary?

by LeClairRyan on

Without question, one of the most common estate disputes we see centers around allegations that one person unduly influenced another person to write (or re-write) a will or trust. The typical situation involves an elderly...more

What Happens When a Nursing Home Closes?

A nursing home closure can be traumatic for residents who are forced to move. While there may not be much that can be done to prevent a closure, residents do have some rights....more

Costs of Some New Long-Term Care Insurance Policies Going Down in 2018

While long-term care insurance costs are up in general, some policies are going down in 2018, according to the 2018 Long Term Care Insurance Price Index, an annual report from the American Association for Long-Term Care...more

SEC's OCIE Announces 2018 Areas Of Focus

On February 7, 2018 the SEC's Office of Compliance Inspections and Examinations (OCIE) announced its 2018 National Exam Priorities. The priorities, formulated with input from the Chairman, Commissioners, SEC Staff and fellow...more

Home Health Care Patients With Chronic Conditions Are Having Trouble Getting Medicare

Medicare is supposed to provide up to 35 hours a week of home care to those who qualify, but many Medicare patients with chronic conditions are being wrongly denied such care, according to Kaiser Health News. For a variety of...more

Scrutiny of Assisted Living Facilities

On February 4th, the New York Times had an article which should give the ALF industry pause. It reported that at the request of four senators, the Government Accountability Office commissioned a two-year investigation of...more

SEC’s OCIE Announces National Exam Program Priorities

by Dorsey & Whitney LLP on

The SEC’s Office of Compliance Inspections and Examinations (“OCIE”) published its National Exam Program Examination Priorities. This year’s publication comes in the form of a brochure, much like the one issued by the...more

Under The Dome: Inside The Maine State House

by Pierce Atwood LLP on

Petition Submitted for Citizen Initiative to Add New Tax to Fund Homecare Services - On January 26, the Maine People's Alliance (MPA) submitted a petition to the Secretary of State's office that, if certified, would put a...more

FINRA Rules Relating to Financial Exploitation of Seniors Become Effective

by McGuireWoods LLP on

Effective Feb. 5, the Financial Industry Regulatory Authority amended Rule 4512 (Customer Account Information) and adopted new Rule 2165 (Financial Exploitation of Specified Adults) in an effort to address the “serious and...more

Aging Population Continues to Drive Real Estate

Recently, Integra Realty Resources published a report that predicts overall growth in today’s senior population. The aging population will be a significant tailwind for real estate industry. According to the report,...more

Recent Massachusetts Decision Highlights Importance of Using Precise Remedy Provisions in Mortgages

by Ballard Spahr LLP on

A recent decision of the Supreme Judicial Court of Massachusetts highlights the importance of using clear and unambiguous remedy provisions in residential mortgages and deeds of trust....more

The Risks of Older Drivers Using Medicare instead of Michigan No-Fault Auto Insurance

by Michigan Auto Law on

By allowing seniors to opt out of No Fault for Medicare, SB 787 jeopardizes seniors’ medical and financial health after a car crash - It sounds good, at first. Allowing senior and elderly drivers to opt out of Michigan...more

FINRA Issues FAQs on Rules Relating to Financial Exploitation of Seniors and Other Vulnerable Adults

by Dechert LLP on

The Financial Industry Regulatory Authority (FINRA) has published frequently asked questions (FAQs) for complying with new FINRA Rule 2165 (Financial Exploitation of Specified Adults) and amendments to FINRA Rule 4512...more

FINRA Senior Protection Rules Effective Feb. 5

by Burr & Forman on

A pair of FINRA Rule revisions designed to protect seniors from financial exploitation become effective February 5. The Rules require member firms to obtain “Trusted Contact Person” information and impose short...more

Brokerage Industry Enhances Measures to Fight Elder Financial Exploitation

by Goodwin on

On February 5, 2018, new FINRA Rule 2165 (Financial Exploitation of Specified Adults) becomes effective, as does an amendment to existing FINRA Rule 4512 (Customer Account Information). Together, these rules will implement...more

Growing Trends and Competition

In the Industry, it is good to keep up with growing trends and competition. In that regard, the Pioneer Valley Cohousing Community in Amherst, Massachusetts is an example. ...more

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