News & Analysis as of

Elder Issues

Bressler, Amery & Ross, P.C.

FINRA Proposes Rule Changes Designed to Help Member Firms Combat Financial Exploitation of Seniors and Other Investors

On January 8, 2026, FINRA issued Regulatory Notice 26-02 announcing proposals for a new rule and revisions to two existing rules. FINRA seeks to revise Rule 4512’s provisions regarding trusted contact persons, to increase...more

Bressler, Amery & Ross, P.C.

FINRA Acceleration of Arbitration Proceedings forQualifying Parties Update

Introduction In August 2025, the Financial Industry Regulatory Authority Dispute Resolution Services (“FINRA DRS”) amended certain Rules related to the length of processing arbitration proceedings....more

Cozen O'Connor

Managing a Loved One’s Finances Is One of Life’s Most Challenging Roles

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As the new year begins, Howard S. Krooks shares insights into one of the most challenging issues many families face: navigating the complexities of family caregiving and end-of-life financial planning. His perspective is...more

Mandelbaum Barrett PC

When DNA Tests Meet Estate Plans: Surprise Heirs and the Legal Fallout

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For many families, at-home DNA testing kits like 23andMe and Ancestry.com have provided fascinating insights into ancestry and genetic health. But for those of us practicing Elder Law and Estate Administration, they’ve also...more

Bressler, Amery & Ross, P.C.

Updated FINRA Guidance Concerning the Protection of Senior Investors

As baby boomers continue aging, firms continue seeing an uptick in complaints and arbitrations by senior investors and FINRA continues focusing on protecting those customers....more

Troutman Pepper Locke

Iowa AG Obtains Court Injunction and Civil Penalties Against Stem Cell Company in Four-Day Trial

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After a four-day trial, Iowa Attorney General (AG) Brenna Bird obtained a ruling and judgment against Omaha-based stem cell businesses and its owner/CEO for deceptively marketing “regenerative medicine” stem cell injections...more

Offit Kurman

Holiday Harmony for the Sandwich Generation: Boundaries, Delegation, and Self-Care

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The holidays arrive each year with that familiar blend of anticipation, nostalgia, and — if we are being honest — a fair amount of anxiety. For members of the Sandwich Generation, that pressure can feel magnified....more

Fox Rothschild LLP

Judge Chooses Stability Over Sentiment in Heated Guardianship Fight

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A new letter opinion from the Delaware Court of Chancery offers a clear look at how guardianship disputes can unravel when families delay planning and old loyalties collide. The case, In re Guardianship of W.E., involved...more

Rivkin Radler LLP

Elder Law Is for Everyone Part 2: Medicaid Homecare

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Often, people with long-term medical or cognitive conditions that limit their ability to manage their daily care need in-home assistance. Since home care typically costs between $25 and $35 an hour, without long-term care...more

DLA Piper

Shanghai’s New Elder-Care Leave – Are your Policies Ready?

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On 25 September 2025, the Standing Committee of the Shanghai Municipal People’s Congress adopted the “Decision on Amending the Shanghai Municipality Regulation on the Protection of the Rights and Interests of the Elderly...more

Orrick, Herrington & Sutcliffe LLP

DOJ releases report on elder fraud and abuse

On November 17, the DOJ released its Annual Report to Congress on Efforts to Combat Elder Fraud and Abuse. According to the report, criminal and civil litigators pursued 283 enforcement actions against over 600 defendants...more

Offit Kurman

Protecting Aging Loved Ones from Predatory Partners

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As individuals age, they often face unique emotional and financial vulnerabilities that can make them susceptible to exploitation. In recent years, I have noticed a troubling uptick in cases related to one of the more...more

McDermott Will & Schulte

Illinois amends power of attorney law to better protect third parties from invalid documents

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On January 1, 2025, Illinois Public Act 103-0994 took effect, amending the Illinois Power of Attorney Act to reduce risk for third parties by ensuring the powers of attorney presented to them are still in force. The new law...more

The Estate Lawyers

Elder Abuse: Red Flags and Remedies for Families and Estate Planners

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The numbers are disturbing. Elder abuse—especially financial exploitation—is all too prevalent and is a serious concern in estate planning and probate litigation. Whether it’s a caregiver manipulating a vulnerable senior or a...more

Mandelbaum Barrett PC

Elder Law, Probate Litigation and Special Needs Newsletter: September 2025 Issue

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Hot off the press! The latest issue of our Elder Law, Probate Litigation & Special Needs Newsletter is here! This month’s highlights include: • Don’t Rely on Medicare or Medicaid for Your Long-Term Care • When...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Sandwich Generation Squeeze

Retirement saving is hard enough when you’re just trying to take care of yourself. Add in kids, and it gets tougher. Add in aging parents, and it can feel impossible. According to the 2025 Annual Retirement Study from the...more

Orrick, Herrington & Sutcliffe LLP

Washington, D.C., attorney general files complaint against crypto ATM operator

On September 8, the District of Columbia through its Office of the Attorney General filed a complaint alleging violations of the district’s Consumer Protection Procedures Act, as well as the Abuse, Neglect, and Financial...more

Mandelbaum Barrett PC

When Does an Agent Under a Power of Attorney Become Liable? A Cautionary Tale

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August was National Make-A-Will Month, but September is a good time to revisit another key component of estate and elder planning: powers of attorney (POAs). These documents are critical tools for ensuring trusted individuals...more

Stotler Hayes Group, LLC

Long-Term Care Insurance and Medicaid

The demographic shift toward an aging population has thrust the coordination of long-term care insurance and Medicaid benefits into the spotlight of elder law practice. For practitioners advising individuals on long-term care...more

Cole Schotz

Naming a Guardian: It’s More Important Than You Think

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It is easy to mistakenly assume that naming a guardian in estate planning documents is only critical for individuals with minor children. In reality, however, appointing a guardian is just as important for parents as it is...more

Offit Kurman

Peace of Mind in a Signature: The Power of Attorney Advantage

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Life can be unpredictable. Illness, injury, or cognitive impairment can strike without warning, leaving even the most organized among us unable to manage daily affairs. When that happens, who will pay your bills, manage your...more

Rivkin Radler LLP

Elder Law Is for Everyone Part 1: Long-Term Care Planning

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Notwithstanding the concept of a “youth culture,” we all want the chance to grow old and live life on our terms, which takes thoughtful planning. Elder law planning is as important as having a healthy lifestyle and planning...more

Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - August 2025

Has this ever happened to you? Misplacing your reading glasses, almost daily? Forgetting names, even of good friends and colleagues? Puzzling over why you just walked into the kitchen? Spending a big part of each day...more

Whiteford

Filing a petition for Guardianship or Conservator in Virginia

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When loved ones become incapacitated and have no estate planning documents in place appointing a guardian or conservator (or when replacement of a current guardian or conservator is necessary), Virginia law allows the filing...more

Mandelbaum Barrett PC

How to Identify Signs of Nursing Home Neglect in New Jersey Facilities

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Nursing home neglect remains a serious problem in New Jersey facilities, affecting thousands of vulnerable residents who depend on caregivers for their basic needs and safety. When nursing homes fail to provide adequate care,...more

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