Index of Elder Law Newsletter articles

Accounting

Probate and conservatorship accountings
January 2020, p. 4

Reconciliation means never having to say you’re sorry
October 2017, p. 3

Bankruptcy can intersect with elder law
October 2014, p. 5

ABLE Account

Oregon’s ABLE program is up and running!
January 2017, p. 16

ABLE Accounts 101
October 2016, p. 6

Advance Directive

Advance Directive revised
October 2021, p. 8

Update on work of Oregon Health Authority’s Advance Directive Adoption Committee
April 2020, p.1, p.8

Changes to advance directive form
October 2018, p. 12

Advance directive legislative update
January 2017, p. 23

HB 2368 clarifies advance directive issue
July 2015, p. 3

Update on advance directive legislative work group
July 2015, p. 7

Capacity of Client

Issues of capacity when dissolving a protected person’s marriage
April 2022, p. 4

Client’s capacity defined
October 2018, p. 1

Tax issues may be among problems related to declining capacity
January 2016, p. 1

Case Law

Case note: State of Oregon Department of Human Services v. Henry L. Hobart and Rose E. Jimenz, 318 Or. App. 52 (2022)
April 2022, p. 3

Recent cases of interest to elder law practitioners
January 2017, p. 1

Nay v. Department of Human Services (360 Or 668 2016)
January 2017, p. 5

Spoon-feeding case weighed advance directive against Oregon law
January 2017, p. 10

What does it take to “take”?
January 2017, p. 5

Eighth Circuit Court decision affects special needs planning
April 2015, p. 10

“Permitting” the abuse of a vulnerable person: Wyers v. American Medical Response Northwest, Inc.
January 2015, p. 9

Nay vs. Department of Human Services (2014)
January 2015, p. 12

State of Oregon v. Cue stiffens notice requirements in probate proceedings
January 2015, p. 14

Guardian and ombudsman clash in court
October 2014, p. 9

Blazing a trail to murky waters: Considerations for same-sex spouses in the wake of United States v Windsor
October 2013, p. 9

Settlement of Jimmo v. Sebelius expands access to Medicare skilled care benefits
July 2013, p. 8

Update: Court cases involve elder law issues
April 2013, p. 1

Court rules on property held in trust
April  2013, p. 6

Community Resources

Pro bono attorneys help first responders prepare wills 
May 2023, p. 14

Portland-area elders need you! Volunteer with the Senior Law Project
October 2022, p. 18

Guardian Partners enhances abuse-prevention programs
January 2021, p. 7

The Aging and Disability Resource Connection of Oregon
July 2016, p. 4

Book review— “Life: the Next Phase”
July 2014, p. 5

Conservatorship

OJD’s new conservatorship auditing and staff training programs
February 2023, p. 1 

Oregon’s association of guardians and conservators
October 2021, p.11

Tips for successful bond administration
October 2021, p. 9

Finding the best professional fiduciary for your case
October 2021, p. 7

Rights of adults who are protected persons
July 2020, p.1

Probate and conservatorship accountings
January 2020, p 4

Reconciliation means never having to say you’re sorry
October 2017, p. 3

Oregon and Washington differ on protected proceedings
April 2017, p. 12

How to file a petition for guardianship or conservatorship
April 2017, p.4

The public guardian option
October 2016, p. 3

New CFPB Oregon-specific financial fiduciary guides available
July 2016, p. 10

Fuentes v. Tillett ruling on conservatorships
July 2014, p. 3

Digital Assets

Digital assets law and estate planning
April 2016, p. 4

Digital assets continue to pose challenge for estate administrators
July 2015, p. 4

Suggested language for estate planning for digital assets
July 2015, p. 5

Diversity, Equity, and Inclusion

Estate planning for the African American community
February 2023, p. 7

An interview with Beth Wolfsong
February 2023, p. 12

An interview with Ekua Hackman
April 2022, p. 15

An interview with Monica D. Pacheco
January 2022, p. 17

Elder Abuse

Petitioning for an EPPDAPA protective order
February 2023, p. 4

Identifying and reporting suspected elder abuse
April 2022, p. 1

Guardian Partners enhances abuse-prevention programs
January 2021, p. 7

Combatting financial elder abuse
January 2019, p. 13

Suing a long term care facility
July 2018, p. 1

Civil action for abuse
July 2018, p. 4

Protection against financial abuse
July 2018, p. 7

New law to curb financial abuse
July 2018, p. 8

Bullying among elders
July 2018, p. 9

Reporting elder abuse
July 2018, p. 12

Grandparent scam
July 2018, p. 12

What can we do to protect elders from online romance scams?
April 2017, p. 15

What does it take to “take”?
January 2017, p. 5

The parties in an EPPDAPA hearing have a right to cross-examination
January 2017, p. 9

Estate planning issues for mandatory reporters of elder abuse
January 2015, p. 1

Update on elder abuse task force
January 2015, p. 3

Car dealers swindling elders: what can we do?
January 2015, p. 4

Latino community not immune from elder abuse
January 2015, p. 6

Advising a survivor of abuse on the most appropriate protective order
January 2015, p. 7

“Permitting” the abuse of a vulnerable person: Wyers v. American Medical Response Northwest, Inc.
January 2015, p. 9

The CFPB’s Managing Someone Else’s Money guides: a resource for your clients and community
January 2015, p. 11

Defining “vulnerable person”
April 2013, p. 10

Elder Law Practice

Oregon now has NAELA chapter
August 2023, p. 8

How to make Zoom more user-friendly for elderly clients
May 2023, p. 1

Working with spoken-language interpreters in the law office
May 2023, p. 4

How to interact with grieving clients
May 2023, p. 6

Attorney and fiduciary fees within a court proceeding and the ethical duties when Medicaid is involved
October 2022, p. 4

Former clients and conflicts of interest
October 2022, p. 1

Malpractice traps for elder law attorneys
April 2022, p. 7

Choose your words mindfully when talking or writing about mental health
January 2022, p. 1

Mindfulness and meditation will benefit you and your law practice
October 2021, p.15

Remote Online Notarizations—aka RON
October 2020, p. 7

Sources for important elder law numbers
April 2020, p.1, p.6

Resources for clients
January 2019, p. 18

Acronyms in elder law
October 2018, p. 7

Conflicts of interest in representing professional fiduciaries
August 2017, p. 5

Client protection and self-protection: The case for documentation, civility and (at times) withdrawal
August 2017, p. 3

Understanding Medicaid is an important part of elder law practice
April 2017, p.1

The ethics and benefits of cloud computing for lawyers
April 2016, p. 1

Case-management software that respects the way you do things
April 2016, p. 3

Bankruptcy can intersect with elder law
October 2014, p. 5

Paperless practice becomes mandatory
October 2014, p. 7

End of Life

Residency requirement for medical aid in dying now unenforced under specific conditions
October 2022, p. 11

Estate Administration

Evaluating, dividing, and distributing tangible personal property
April 2015, p. 1

Administering a joint trust upon death of first spouse
April 2015, p. 4

State provides website for unclaimed property
April 2015, p. 5

Community property may be part of an Oregon estate
April 2015, p. 6

To elect or not to elect—that is the question
April 2015, p. 8

Oregon supports probate mediation
April 2015, p. 9

Available online: A fiduciary income tax primer
April 2015, p. 9

CFPB clarifies mortgage lending rules for heirs
July 2014, p. 4

Estate Planning

Estate planning for the African American community
February 2023, p. 7

Estate planning for a protected person
July 2021, p. 1

Transferring a home to a caregiving daughter or son
April 2020, p.1

Unmarried couples
April 2019, p. 1

Succession plans for family farms
July 2019, p. 1

Second marriages
July 2019, p. 4

Estate planning and pets
July 2019, p. 6

Individual Retirement Account
Inheritance of an IRA
April 2019, p. 5

Appointment of a trustee
April 2018, p. 1

Avoiding trustee trouble
April 2018, p. 3

Designation of a trust as beneficiary
April 2018, p. 5

Retirement benefits and trusts
April 2018, p. 7

Trust modification
April 2018, p. 10

Pet trusts
April 2018, p. 11

Trust review by SSA & Medicaid
April 2018,  p. 12

Planning for financial decisions
April 2018, p. 8

New law affects special needs trusts
January 2017, p. 14

Oregon’s ABLE program is up and running!
January 2017, p. 16

The interplay of estate planning and protective proceedings
October 2016, p. 1

ABLE Accounts 101
October 2016, p. 6

Digital assets law and estate planning
April 2016, p. 4

Suggested language for estate planning for digital assets
July 2015, p. 5

Estate planning issues for mandatory reporters of elder abuse
January 2015, p. 1

Legislators strengthen tools to curb elder abuse
October 2013, p. 3

Ethics

Former clients and conflicts of interest
October 2022, p. 1

Malpractice traps for elder law attorneys
April 2022, p. 7

Client’s capacity defined
October 2018, p. 1

Conflicts of interest in representing professional fiduciaries
August 2017, p. 5

Client protection and self-protection: The case for documentation, civility and (at times) withdrawal
August 2017, p. 3

The ethics and benefits of cloud computing for lawyers
April 2016, p. 1

Addressing concerns about lawyers who are also elders
January 2013, p. 19

Intervening with the lawyer who exhibits cognitive impairment/decline
January 2013, p. 3

Fees

Court-appointed attorneys and applying for publicly funded fees in protective proceedings
May 2023, p. 8

Attorney and fiduciary fees within a court proceeding and the ethical duties when Medicaid is involved
October 2022, p. 4

HB 2349 addresses fiduciary fee disclosure
July 2015, p. 1

HB 2362: Attorney fees in protective proceedings
July 2015, p. 3

House Bill 2570 revises attorney fee provisions
October 2013, p. 1

Fiduciaries

Considerations in choosing to nominate a professional fiduciary versus a family member as guardian
October 2016, p. 4

New CFPB Oregon-specific financial fiduciary guides available
July 2016, p. 10

HB 2349 addresses fiduciary fee disclosure
July 2015, p. 1

LC 552: Elder Law Section attempts to address judicial concerns about professional fiduciaries
July 2015, p. 6

Working with professional fiduciaries
October 2014, p. 3

Oregon statute requires national certification of professional fiduciaries
October 2013, p. 4

Government Benefits

Government benefits
October 2018, p. 10

How health care reform is working
July 2013, p.1

Social Security benefits for individuals with an intellectual or developmental disability
January 2013, p. 5

Government Regulations

Residency requirement for medical aid in dying now unenforced under specific conditions
October 2022, p. 11

Guardianship

New guardianship rules in Washington
April 2022, p. 13

New electronic submission requirement for guardianship notices
April 2022, p. 9

The scope of guardian liability for tortious acts by protected persons
January 2022, p. 14

Temporary guardianship
January 2022, p. 10

Finding the best professional fiduciary for your case
October 2021, p. 7

Oregon WINGS: Working to improve guardianship law and practice
October 2021, p.13

Oregon’s association of guardians and conservators
October 2021, p.11

How should you advise your guardian clients about decisions related to the COVID-19 vaccine for a protected person?
April 2021, p. 3

Guardian Partners enhances abuse-prevention programs
January 2021, p. 7

Can a guardian be paid to provide Medicaid-funded in-home care services to a protected person?
January 2021, p. 3

Extending temporary protective proceedings through Covid-19 pandemic
January 2021, p. 1

Rights of adults who are protected persons
July 2020, p.1

Public guardian program is operational, but has limited resources
October 2017, p. 1

Oregon and Washington differ on protected proceedings
April 2017, p. 12

Representing the respondent: the basics of defending against a guardianship
April 2017, p. 9

Enhancing self-determination in less-restrictive alternatives to guardianship
April 2017, p.6

How to file a petition for guardianship or conservatorship
April 2017, p.4

The public guardian option
October 2016, p. 3

Considerations in choosing to nominate a professional fiduciary versus a family member as guardian
October 2016, p. 4

Notice requirements related to placement or movement of a protected person
July 2016, p. 3

Results of informal survey on guardianship-related recommendations
October 2013, p. 12

Who will be the guardian for a developmentally disabled adult?
January 2013, p. 13

Health Care

How health care reform is working
July 2013, p.1

Oregon State Hospitals and the ability-to-pay order
July 2013, p. 5

An overview of Oregon’s sterilization laws
January 2013, p. 15

Housing

Continuing Care Retirement Communities: What the careful lawyer needs to know
August 2023, p.1

Finding affordable housing is complicated
July 2022, p. 1

Effects of special needs trusts on Section 8 housing
July 2022, p. 5

Government benefits
October 2018, p. 10

Is remodeling a home for medical purposes tax deductible?
January 2016, p. 4

No good deed goes unpunished: pitfalls to giving away a home
January 2016, p. 6

Arbitration Clauses in facility contracts
October 2015, p. 4

Retirement-facility company settles with DOJ over marketing tactics
October 2013, p. 5

Another hidden issue: Arbitration clause in facility contract
April 2013, p. 8

Insurance

Long term care insurance: death of the insured and estate recovery
August 2023, p. 4

Long term care insurance: claims
May 2023, p. 10

Long term care insurance: purchasing a policy
February 2023, p. 9

Long term care insurance: Advising clients who have policies
October 2022, p. 8

Long term care insurance: its history and current status
July 2022, p. 8

SHIBA helps navigate the complex Medicare system
July 2022, p. 10

Health insurance options
October 2018, p,  13

The long term care insurance dilemma: Is it worth it?
July 2016, p. 7

Helpful hints to avoid denial of a long term care insurance claim
July 2016, p. 9

Insurance Division says automobile insurers must pay before Medicaid
January 2016, p. 3

IRA (Individual Retirement Account)

The SECURE Act of 2019: takeaways for elder law attorneys
January 2020, p. 1

Charitable contributions from IRA made permanent
January 2016, p. 9

Legal Aid

Pro bono attorneys help first responders prepare wills 
May 2023, p. 14

Portland-area elders need you! Volunteer with the Senior Law Project
October 2022, p. 18

Legislation

2021 Legislative highlights
October 2021, p. 1

2019 Legislative highlights
October 2019, p. 1

Legislative subcommittee report
April 2018, p. 18

Recent legislation that affects elder Law
October 2017, p. 5

Tips for those interested in legislative issues
January 2017, p. 21

Litigation

How to minimize litigation when initiating protective proceedings
July 2021, p. 11

Developments in Nay v. Department of Human Services
October 2020, p. 5

Suing a long term care facility
July 2018, p. 1

Civil action for abuse
July 2018, p. 4

Representing the respondent: the basics of defending against a guardianship
April 2017, p. 9

Long Term Care

Update on Long Term Care Ombudsman program
October 2022, p. 13

Can a guardian be paid to provide Medicaid-funded in-home care services to a protected person?
January 2021, p. 3

Medicaid LTC at state level
January 2019, p. 6

Washington’s LTC program
July 2019, p. 3

Overview of long term care options
October 2018, p. 4

Suing a long term care facility
July 2018, p. 1

Registration of placement agencies
July 2018  p. 12

Changes to Oregon LTC program
July 2018, p.12

Federal rule banning pre-dispute arbitration clauses suspended
January 2017, p. 12

The Office of the Long-Term Care Ombudsman advocates for elders
July 2016, p.1

The Aging and Disability Resource Connection of Oregon
July 2016, p. 4

Tax tips for long term care
July 2016, p. 5

Arbitration Clauses in facility contracts
October 2015, p. 4

Oregon State Hospitals and the ability-to-pay order
July 2013, p. 5

Marriage

Issues of capacity when dissolving a protected person’s marriage
April 2022, p. 4

Immigration Issues 
April 2019, p. 6

Estate planning/second marriages
July 2019, p. 4

Same-sex marriage decision affects Social Security & SSI benefits
July 2015, p. 2

Marriage has financial consequences
October 2014, p. 1

Blazing a trail to murky waters: Considerations for same-sex spouses in the wake of United States v Windsor
October 2013, p. 9

Medicaid

Navigating the maze of ONE
October 2022, p. 6

Attorney and fiduciary fees within a court proceeding and the ethical duties when Medicaid is involved
October 2022, p. 4

Case note: State of Oregon Department of Human Services v. Henry L. Hobart and Rose E. Jimenz, 318 Or. App. 52 (2022)
April 2022, p. 3

K Plan eligibility and benefits
July 2021, p. 13

Non-disqualifying transfers to a blind or disabled child of any age
April 2021, p. 5

Changes to the Medicaid application process
April 2021, p. 1

Developments in Nay v. Department of Human Services
October 2020, p. 5

Update on OAR 461-135-0845: Valuation of Life Estate, Transfer on Death Deeds, Reversionary Interest, and Property
October 2020, p. 1

Medicaid eligibility and estate recovery: Treatment of unavailable assets
April 2020, p.1, p.4

Spousal impoverishment: California  
January 2019, p. 4

Disqualifying transfers
October 2019, p. 15

Medicaid LTC at state level
January 2019, p. 6

Estate recovery: OR/CA
January 2019, p. 11

Changes to long term care support
January 2018,  p. 1

Estate recovery
January 2018,  p. 4

Transfers to a disabled child
January 2018,, p. 8

Understanding Medicaid is an important part of elder law practice
April 2017, p.1

Medicaid service priority level changes effective October 1, 2017
October 2017, p. 8

New law affects special needs trusts
January 2017, p. 14

ABLE Accounts 101
October 2016, p. 6

Changes in Oregon Medicaid eligibility under the Affordable Care Act
April 2014, p. 1

Estate recovery and the Oregon Health Plan
April 2014, p. 2

Medicaid, the ACA, and long term care services
April 2014, p.3

Oregon’s fill-in-the-blank income-cap trust is no substitute for competent legal advice
April 2014, p.5

Oregon receives authorization for State Plan K
July 2013, p. 3

Definition of “natural supports” is important factor in long term care
July 2013, p. 4

Oregon State Hospitals and the ability-to-pay order
July 2013, p. 5

Medicaid-funded services for adults with developmental disabilities
January 2013, p.1

Medicare

SHIBA helps navigate the complex Medicare system
July 2022, p. 10

New Medicare cards
July 2018, p. 14

Open enrollment
October 2018, p. 11

Settlement of Jimmo v. Sebelius expands access to Medicare skilled care benefits
July 2013, p. 8

Mental health

Social atrophy as a byproduct of COVID, its impact, and a remedy for older adults
July 2022, p 13

Social Security benefits for individuals with mental health conditions
January 2022, p. 4

Choose your words mindfully when talking or writing about mental health
January 2022, p. 1

Mindfulness and meditation will benefit you and your law practice
October 2021, p.15

Addressing concerns about lawyers who are also elders
January 2013, p. 19

Intervening with the lawyer who exhibits cognitive impairment/decline
January 2013, p. 3

Protective Proceedings

Court-appointed attorneys and applying for publicly funded fees in protective proceedings
May 2023, p. 8

Attorney and fiduciary fees within a court proceeding and the ethical duties when Medicaid is involved
October 2022, p. 4

Temporary guardianship
January 2022, p. 10

How to minimize litigation when initiating protective proceedings
July 2021, p. 11

Mediation in contested protective proceedings
July 2021, p. 9

Extending temporary protective proceedings through Covid-19 pandemic
January 2021, p. 1

Rights of adults who are protected persons
July 2020, p.1

Oregon and Washington differences
January 2019, p. 1

Oregon and Washington differ on protected proceedings
April 2017, p. 12

The interplay of estate planning and protective proceedings
October 2016, p. 1

The public guardian option
October 2016, p. 3

HB 2362: Attorney fees in protective proceedings
July 2015, p. 3

Social Security

Social Security benefits for individuals with mental health conditions
January 2022, p. 4

SSA rule on special-needs trusts
October 2019, p. 22

Social Security benefits
April 2019, p. 4

Same-sex marriage decision affects Social Security & SSI benefits
July 2015, p. 2

Social Security benefits for individuals with an intellectual or developmental disability
January 2013, p. 5

Taxes

Planning considerations regarding the Oregon property tax deferral for elders and persons with disabilities
January 2017, p. 19

Tax tips for long term care
July 2016, p. 5

Tax issues may be among problems related to declining capacity
January 2016, p. 1

Is remodeling a home for medical purposes tax deductible?
January 2016, p. 4

No good deed goes unpunished: pitfalls to giving away a home
January 2016, p. 6

Charitable contributions from IRA made permanent
January 2016, p. 9

Tax benefits available when providing financial support to parent
January 2014, p.1

The perils of portability
January 2014, p.3

Employers of in-home caregivers must be aware of many labor and tax laws
January 2014, p.7

Oregon eliminates tax deduction for dubious charities
January 2014, p.9

Technology

Make your website more accessible
May 2023, p. 13

How to make Zoom more user-friendly for elderly clients
May 2023, p. 1

Remote Online Notarizations—aka RON
October 2020, p. 7

The ethics and benefits of cloud computing for lawyers
April 2016, p. 1

Case-management software that respects the way you do things
April 2016, p. 3

Digital assets law and estate planning
April 2016, p. 4

Tech market responds to needs of elders
April 2016, p. 5

Paperless practice becomes mandatory
October 2014, p. 7

Oregon eCourt transformation project
July 2014, p. 1

Timeshares

Timeshares—and how to terminate ownership
April 2020, p.1, p.9

Trusts 

ABLE accounts
October 2019, p. 13

SSA rule on special-needs trusts
October 2019, p. 22

Appointment of a trustee
April 2018, p. 1

Avoiding trustee trouble
April 2018, p. 3

Designation of a trust as beneficiary
April 2018, p. 5

Retirement benefits and trusts
April 2018, p. 7

Trust modification
April 2018, p. 10

Pet trusts
April 2018, p. 11

Trust review by SSA and Medicaid
April 2018, p. 12

New law affects special needs trusts
January 2017, p. 14

Oregon’s ABLE program is up and running!
January 2017, p. 16

ABLE Accounts 101
October 2016, p. 6

Avoid building in problems when drafting special needs trusts
October 2015, p. 1

Why can’t beneficiaries and trustees just get along?
October 2015, p. 3

Eighth Circuit Court decision affects special needs planning
April 2015, p. 10

2013 amendments to the Oregon Uniform Trust Code
October 2013, p. 6

Court rules on property held in trust
April  2013, p. 6

Testamentary trusts for clients with special-needs children
January 2013, p. 8

The ARC of Oregon: a pooled trust program
January 2013, p. 11

Volunteering

Pro bono attorneys help first responders prepare wills 
May 2023, p. 14

Portland-area elders need you! Volunteer with the Senior Law Project
October 2022, p. 18

Guardian Partners enhances abuse-prevention programs
January 2021, p. 7