Attorney News

Ohio Appeals Court Rules Discretionary Trust Is Not Available Resource
On remand from the Ohio Supreme Court, an Ohio appeals court finds that a trust that gives the trustee complete discretion on how to distribute trust income and principal is not an available resource for Medicaid, even though the trust puts limits on the purposes for distribution. Pack v. Osborn (Ohio App. Ct., 5th Dist., No. 05 CA 83, Nov. 20, 2008).

A New Way of Looking At Structured Settlements in Single-Plaintiff Physical Injury Cases
In a presentation at the National Academy of Elder Law Attorneys' 2008 Advanced Elder Law Institute, ElderLawAnswers member John Campbell described a new way of looking at structured settlements that may provide much more flexibility to a plaintiff in a physical injury case.

10 Elder-Friendly Bills in Congress That May Now Have New Life
Over the past year and a half, Congressional lawmakers have introduced a number of bills that address long-term care and elder abuse. Some of these measures now have a good chance of being enacted into law.