What Happens If You Die Without a Will?

What Happens If You Die Without a Will?
Fredrick P. Niemann, Esq., a NJ Estate Planning Attorney We all know we are supposed to do estate planning, but not all of us get around to it.  So what happens if you don’t have a will when you die? Your estate will be distributed according to state laws, which may or may not be the […]
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The Frail Senior and Obama-Care
Fredrick P. Niemann, Esq., an Elder Law Attorney Have you been wondering if the proposed Obama-Biden “plan to lower healthcare costs and ensure affordable, accessible, health coverage for all” would provide long-term skilled nursing home care for frail seniors?  The short answer is…no! The key features of the plan focus on providing access to healthcare to “over […]
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No Parental Immunity for Father Who Failed to Rescue Son from Fatal Fire
Christopher J. Hanlon, Esq., a Personal Injury Attorney A father’s failure to remove his child from a car before it burst into flames falls outside the exercise of child-rearing philosophy which the parental-immunity doctrine is intended to protect, a state New Jersey appeals could held. The three-judge Appellate Division panel reinstated a dismissed wrongful death suit by […]
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Nursing Homes for Veterans
Fredrick P. Niemann, Esq., NJ Veterans Attorney Nursing home coverage for veterans is available from two sources within the Department of Veterans Affairs — the veteran’s health care system and the state veteran’s homes system. Nursing Home Coverage Through the VA Health Care System Nursing home coverage along with other long term care services such as home care […]
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Helpline for Adults at Risk of Abuse (UK)

2nd July 2009

A HOTLINE to help adults at risk of abuse has been launched.

AskSal, a partnership between Thurrock, Southend and Basildon Safeguarding Adults Boards and national organisations Action on Elder Abuse and Voice UK, is a hotline for people to call if they are suffering abuse themselves or suspect an adult they know is at risk.

The helpline, which is the first of its kind in the UK, is the adult equivalent of Childline.

Gary Fitzgerald, Chief Executive of Action on Elder Abuse, said: “Many people do not report the abuse they suffer due to fear, shame and embarrassment. We hope that this unique partnership will cut through some of these barriers and enable people to access the support they desperately need.”

People calling the helpline will speak to skilled operators who can refer them to another agency if required, without the caller having to re-dial or re-tell their story.

The AskSal hotline number is 0808 80 10 345.

SOURCE: Thurrock Gazette – Thurrock,UK

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When Not to Use a Special Needs Trust
By Fredrick P. Niemann, Esq., NJ Special Needs Trust Attorney Self-Settled Special Needs Trusts are often use when a person with disabilities receives a personal injury settlement, an inheritance, equitable distribution, alimony or child support.  However, in many instances a Self-Settled Special Needs Trust is not appropriate.  A disability lawyer must make an analysis on the […]
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Alzheimer Families Feeling ‘Betrayed’ as Respite Centre Shuts (Ireland)

Alzheimer families feeling ‘betrayed’ as respite centre shuts

By Andrew Phelan

June 25 2009

OPPOSITION is growing over the latest hospital closure to hit the health service — the summer shutting of a newly refurbished respite care unit at Cherry Orchard.

At least 25 families caring for elderly relatives including Alzheimer’s sufferers will be affected by the imminent move by the HSE.

Fearing disruption to the respite services, they are mounting a protest campaign demanding that the closure of the Beech Unit be called off, and claiming they had been “betrayed” by the Government.

Families from Ballyfermot, Clondalkin and Palmerstown are all set to be affected and some patients claim they have been told to look for private care in homes in Harold’s Cross and Lucan.

But the HSE denied that the unit would close “indefinitely”, insisting it would be up and running as normal again in October. The Executive also said those who could not be relocated elsewhere in the hospital would be sent to nursing homes as close as possible to where they lived.

A protest was mounted outside the hospital gates on June 19. A public meeting will be held in Ballyfermot next Tuesday to discuss the planned cuts and to organise support.

Lesley Gaynor, one of the main organisers of the campaign, said he had been inundated with phone calls since the announcement was made.


Lesley and his family care for his father-in-law and mother-in-law in their house on Kylemore Road and he says the short breaks they get thanks to the respite care are “a godsend”.

A spokesperson for the HSE blamed the closure on a combination of summer being “peak holiday period” and large numbers of staff being absent on maternity leave

SOURCE: Herald.ie – Dublin,Ireland
Family carers must be given the support to enable them to take regular breaks from the daunting tasks they undertake. Some studies indicated that carer’s fatigue might lead to elder abuse.
I do not thing we can begin to understand the toll of these dedicated family carers. Those in government must ensure that these carers are given the support; afterall, they are really saving the community a lot of money in undertaking those caring tasks.

………………. AC

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Elder Fraudster Found Guilty (CA. USA)

Man faces more than 300 years for $11 million Ponzi scheme



June 30, 2009

A San Juan Capistrano man faces more than 300 years in prison after being convicted of almost 700 felonies for defrauding 125 people of $11.4 million, a prosecutor said Tuesday.

In a case billed as one of the largest elder-abuse cases ever handled by the Orange County District Attorney’s Office, Jeffrey Butler, 51, was deemed guilty of 693 counts – the majority of them involving financial elder abuse and the sale of unqualified securities, according to Deputy District Attorney William Overtoom.

The jury deadlocked on another 86 counts – leading Orange County Superior Court Judge James Stotler to declare a mistrial on those charges.

Butler was found not guilty on another 30 counts.

The reading of the verdicts began Monday morning and ended at about noon Tuesday.

Butler’s wife, Peggy Warmuth Butler, 49, was found guilty of four counts of filing false tax returns. She began crying when Stotler said he would allow her to remain free until sentencing for the couple, which is scheduled for Sept. 18.

Jeffrey Butler remains in custody at Orange County Men’s Jail until sentencing.

He was arrested in February 2006 and accused of defrauding senior citizen clients by pretending to help them prepare their wills and trusts.

The trial, which began in November, last almost eight months and included testimony from 92 victims, prosecutors said.


SOURCE: OCRegister – Santa Ana,CA,USA


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Plan for Long Term Care… Now… or Else
Fredrick Niemann, New Jersey Long Term Care Insurance Attorney “According to some sources, 60% of us will need long term care sometime during our lives. It is important for all of us to prepare for that day when we will need to help loved ones with elder care or we will need elder care for ourselves.” “It […]
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Illinois Makes July ‘Elder Abuse Awareness’ Month (IL. USA)

By Associated Press

July 3, 2009

July is Elder Abuse Awareness month in Illinois.

Department on Aging Director Charles Johnson is announcing the fifth annual “Break the Silence” campaign.

An estimated 80,000 older adults suffer abuse each year.

Elder abuse is defined as neglect; physical injury; mental, sexual or financial exploitation of someone 60 or older.

There were more than 11,000 reports of elder abuse in the last year.

Those who suspect abuse should look for untreated injuries, changes in behavior, a caregiver’s refusal to allow visitors, dehydration or malnutrition, or changes in financial accounts.

Trained professional are available around the clock to take reports at 1-866-800-1409.


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