New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they face in In Re Buscavage, N.J. App. Div. No. A-6041-08AT3 (Aug. 25, 2010). Buscavage involved a challenge to trust amendments made by the...
Lawyers who regularly deal with elderly and disabled clients like I do often confront the issue of client capacity. Under our professional rules, a lawyer may represent a client who has less than full capacity, although a lawyer...
In an August 10, 2010 opinion that was approved for publication, the New Jersey Appellate Division addressed the Federal Arbitration Act (“FAA”) and its impact on New Jersey’s Nursing Home Responsibilities and Rights of Residents Act (“Residents’ Rights...
The New Jersey Foundation for Aging was founded in 1998 to improve the quality of life of New Jersey’s older residents. The Foundation is a nongovernmental, nonprofit organization that derives its financial support through contributions from private donors,...
In Lopes v. Starkowski (U.S. Dist. Ct., Dist. Conn., No. 3:10-CV-307, August 11, 2010), the U.S. District Court for the District of Connecticut held that the State of Connecticut cannot treat the income stream from an annuity as...
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