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The story of Terri Schiavo gripped the nation and has lead to much discussion concerning the need to make one's wishes regarding end-of-life decision making as clear as possible. This extremely important issue is our feature article in this newsletter. Our hope is to further enhance our readers' awareness of the devastating effects the lack of planning can have, emotionally as well as financially, on family members.

We hope you enjoy this edition of The Elder Law & Estate Planner.

Robert Kurre

 

Lessons learned from the Terri Schiavo Saga
The tragedy of Terri Schiavo touched millions of people and gripped the nation. It also raised the public's awareness concerning the adverse effects the lack of planning can have, emotionally as well as financially, on family members. If Mrs. Schiavo had proper written instructions deliniating her end-of-life wishes, the lengthy and costly legal battle between her family members likely could have been avoided or greatly minimized.... (more)

Clothing Gifts No Longer Count as Icome Under New SSI Rules
Final regulations have been issued which provide the Social Security Administration (SSA) is eliminating clothing gifts from the definition of income and from the definition of in-kind support and maintenance. As a result, it generally will not count gifts of clothing as income when deciding whether a person can receive Supplemental Security Income (SSI) benefits or when it computes the amount of benefits. Additionally, the SSA is eliminating the dollar value... (more)
Caretake Liable for Fraud After Altering Paychecks
In Mazza v. Fleet Bank (Appellative Division, Third Department) (March 3, 2005) an estate brought an action against the former health aide of the decedent alleging that she had altered checks made payable to herself. Her defense at trial was that the decendent had maintained two sets of books, one with the true balances and one for "nosey" visitors, and that the decedent had increased her paychecks from time to time so she could provide him... (more)