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Does Voluntary Payment of Past-due Nursing Home Charges Violate Federal Law?

By Jill Roamer, J.D., CIPP/US November 9, 2021

Federal law prohibits a nursing home from requiring that past-due expenses be paid as a..

Can a Beneficiary’s Share be Contingent on their Marital Status?

By Jill Roamer, J.D., CIPP/US October 27, 2021

I do, or I don’t – can a Settlor dictate how a beneficiary’s share is distributed based on the..

Promissory Note Case Law out of the United States Court of Appeals for the Tenth Circuit

By Jill Roamer, J.D., CIPP/US October 19, 2021

In many states, executing a promissory note is a viable and attractive strategy when engaging in..

Is a Court-Appointed Conservator Personally Liable for Actions Taken?

By Jill Roamer, J.D., CIPP/US September 22, 2021

As a senior ages, they may no longer be able to look after their own affairs. This could be..

Is There an Appeal Right for Denial to Reopen a Medicaid Application?

By Jill Roamer, J.D., CIPP/US September 16, 2021

Due process, as guaranteed by the 5th Amendment, states that the federal government must treat..

Recent Case Analysis of Undue Influence

By Jill Roamer, J.D., CIPP/US September 3, 2021

Undue Influence is when someone pressures another in such a way that the person being influenced..

A Power of Appointment Does Not Render Trust Countable Asset

By Jill Roamer, J.D., CIPP/US August 25, 2021

A power of appointment is a provision that gives a person, the powerholder, the opportunity to..

Must an Agent Spend all of the Principal’s Assets on Care?

By Jill Roamer, J.D., CIPP/US July 27, 2021

When an agent steps into the shoes of a principal, does that require the agent to ensure every..

Court Strikes Down Ban on Shock Therapy

By Jill Roamer, J.D., CIPP/US July 21, 2021

Shock therapy has been in the news and in the courts in recent years. A graduated electronic..

Montana Confirms an Irrevocable Trust can be an Exempt Asset

By Jill Roamer, J.D., CIPP/US July 16, 2021

Yesterday, you were alerted to the groundbreaking decision out of Minnesota that confirmed an..

Landmark Decision Regarding Irrevocable Trusts in Minnesota

By Jill Roamer, J.D., CIPP/US July 15, 2021

In a Minnesota appeals court decision, the court ruled that a Medicaid recipient’s irrevocable..

The Devil is in the Details: The Case of a Scrivener's Error on a Deed

By Jill Roamer, J.D., CIPP/US June 8, 2021

In 2003, Mary attempted to engage in elder law planning and executed a deed reserving a life..

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