The New Jersey Long Term Care Ombudsman (NJLTCO) is part of a national advocacy program, authorized by the federal Older American’s Act. The NJLTCO advocates for residents of long-term care facilities by investigating and resolving complaints made by or on behalf of those residents. Examples of the types of complaints commonly investigated by the NJLTCO:.. read more →
Court Dismisses Daughter’s Lawsuit Against Mother’s Estate Lawyer
Before she died, Dorothy Dreher (“Dorothy”) had her attorney prepare a power of attorney naming her son David as her agent. Dorothy later had that same attorney prepare a Last Will and Testament, which favored her son David over her daughter Rebecca. Rebecca became concerned about David’s actions under Dorothy’s power of attorney, and had.. read more →
Ralph Sandor died on January 20, 2018, at the age of 107. The Court appointed an Administrator Pendente Lite of the decedent’s estate (the “Administrator”). The Administrator filed an action seeking to set-aside gifts made by decedent’s grand-nephew, Anthony Russo, Jr. (“Russo”), by and through a power of attorney. The Administrator alleged that the transfers.. read more →
The New Jersey Supreme Court has amended the Court Rules governing guardianships to establish a new state-wide policy for background screenings of proposed guardians of incapacitated persons. The amendments are effective as of May 15, 2021. The new policy is intended to safeguard the vulnerable population of incapacitated adults against risks of potential abuse, neglect,.. read more →
A webinar on financial protection of older adults during the COVID pandemic was held on February 23, 2021. The webinar provided tips to avoid vaccine-related scams and information on resources available to older adults. A recording of the webinar is now available for on-demand viewing, and can be accessed on this blog below. The webinar.. read more →
Charles Smith and his wife purchased a house in Philadelphia, Pennsylvania in 1959. While living there, they raised three daughters: Dianne, Dionne, and Deborah. Charles Smith became the sole owner of the property in 2007 when his wife passed away. When Charles died in 2011, he bequeathed the house to his three daughters equally. Deborah,.. read more →
According to the National Council on Aging, approximately 1 in 10 Americans aged 60 and older have experienced some form of elder abuse. Some estimates range as high as 5 million elders who are abused each year. One study estimated that many cases go unreported – only 1 in 14 cases of abuse are reported.. read more →
Millions of Americans manage money or property for a loved one who’s unable to pay bills or make financial decisions. To help financial caregivers, the Consumer Financial Protection Bureau, or the CFPB, worked closely with the American Bar Association Commission on Law and Aging to prepare four (4) guides: Help for agents under a power.. read more →
Each year on June 15, the World Elder Abuse Awareness Day is celebrated by sharing resources to help prevent elder financial exploitation. The Consumer Financial Protection Bureau (CFPB), a federal agency, defines “elder financial abuse” as a situation in which “someone uses an older adult’s resources improperly or deprives an older adult of access to,.. read more →
On November 20, 2019, I presented at the 2019 “The Medical Side of Elder Law” seminar given by the New Jersey Institute for Continuing Legal Education at the Hilton/Doubletree Hotel in Fairfield, New Jersey. I presented an overview of the rights of residents of nursing homes and other care facilities under federal and state laws.. read more →
Louis Keppel hired Donna Thomas as a home health aide. Thomas was employed by Angela’s Angels Home Healthcare and Angela’s Angels, LLC. Keppel died intestate. Dolores Guttmann and Thomas Loikith were appointed co-administrators of his estate. Guttmann and Loikith discovered that Thomas misappropriated 192 checks from Louis Keppel over a two-year period. In that regard,.. read more →
The Consumer Financial Protection Bureau (CFPB) has released a report on financial exploitation of the elderly. The report compiles information from Suspicious Activity Reports (SARs) submitted by banks, credit unions, casinos, and other financial services providers. Based upon the SARs, financial institutions have reported that financial exploitation of older adults by scammers, family members, caregivers,.. read more →
The decedent was an elderly man with no immediate family. His Last Will and Testament left his estate to a cousin, several charities and individuals, and to two Valley National Bank employees, including the defendant. One of the bank employees refused the bequest as unethical, based on the bank’s Employee Code of Conduct. The defendant.. read more →
For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation read more →
Many taxpayers recently filed their taxes and may be waiting for a response from the IRS. Because of this summertime tends to be a period when thieves increase their scam attempts. They try to get people to disclose personal information like Social Security numbers, account information and passwords. To avoid becoming a victim, taxpayers should.. read more →
While many people take summer vacations, data thieves do not. Phishing emails and telephone scams continue to pop up around the country. The IRS reminds everyone to be vigilant to avoid becoming a victim. Here are some things for taxpayers to remember so they can keep their personal data safe: The IRS does not leave.. read more →
The U.S. Senate Special Committee on Aging has released the 2018 Fraud Book, listing the Top 10 Elder Scams Of 2018 based on reports to the Senate hotline. The report is entitled “Fighting Fraud: Senate Aging Committee Identifies Top 10 Scams Targeting Our Nation’s Seniors.” From January 1, 2017, through December 31, 2017, the Senate.. read more →
Although the decedent had four children, she left her entire estate to two of the children. However, the will did not mention her two omitted daughters, or the fact that they were being omitted. One of the omitted daughters sued, claiming the will was the result of undue influence or lack of testamentary capacity. The.. read more →
In October 2017, Congress passed an important new law, the Elder Abuse Prevention and Protection Act (EAPPA). The EAPPA is one of very few laws which allocates federal funds to address financial elder abuse. The new law was a direct reaction to increasing incidents of financial elder abuse. Every year, thieves, swindlers and even the.. read more →
The United States Court of Appeals for the Third Circuit has ruled that a New Jersey attorney is liable for damages for using undue influence to take $391,000 from an elderly relative. Jane Adkins sued her brother, New Jersey attorney John Sogliuzzo, in federal court, claiming that her brother misappropriated assets belonging to Mary Grimley, their mother’s.. read more →
Kindred v. Clark involves two Kentucky cases, in which family members of deceased Kindred nursing home residents, Joe Wellner and Olive Clark, filed lawsuits against Kindred. They alleged that Kindred’s substandard care led to the deaths of the decedents. In response, the nursing home moved to dismiss the cases, claiming that arbitration agreements barred the.. read more →
The Pennsylvania Departments of Banking and Securities Aging have produced a new seven-minute video on elder financial abuse, focusing mostly on “scam artists.” The video follows: Financial abuse of the elderly has been called the “crime of the 21st century.” The average victim of abuse is a female, age 75 or older, with limited resources… read more →
The plaintiff, Marjorie Fister, is the mother of defendant Kevin Edward Fister. In 2010, the defendant, along with his wife and four adult children, moved into plaintiff’s home with her. Mrs. Fister’s health declined and, in 2012, she moved into her daughter’s New York home. However, the defendant and his family remained in Mrs. Fister’s.. read more →
When Helen Weste died in 2010, she was divorced with no children. In 1994, she had executed a will leaving her estate to charities and nieces and nephews. In 2001, Helen’s health began to fail. In April 2002, family members contacted her ex-husband (who was agent under her power of attorney), and he flew in.. read more →
Vicinio v. Carluccio, Leone, Dimon, Doyle & Sacks, LLC is a legal malpractice action stemming from an underlying family dispute involving the Estate of Philomena Vicinio. Philomena Vicinio’s health began to deteriorate after her husband’s death. Thereafter, Mrs. Vicinio attempted to reside with her daughter, Roseann, on several occasions, with each attempt short-lived because of.. read more →
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