Elder Law

Wells Fargo Advisors has repeatedly been caught pushing unsuitable investments on their clients. One would think that after all the scandals that have engulfed the beleaguered bank, senior management would start taking their customers more seriously. Our first post on Wells Fargo selling unsuitable investments was in 2011. It’s now 2021 and we are still re-writing this post. In 2011, we first wrote that Wells Fargo’s brokerage arm agreed to pay $2 million to settle charges that one of its brokers sold unsuitable investments to clients in their 80’s and 90’s. The Financial Industry Regulatory Authority (FINRA) claimed Alfred Chen…
In Being Mortal: Medicine and What Matters in the End, Dr. Atul Gawande writes about how often medicine fails the elderly and those with terminal illness. His first example is a man who chose a surgery that didn’t stand a chance of giving him what he really wanted (“his continence, his strength, the life he had previously known”). Despite seeing his wife die in intensive care and resolving to avoid the same fate, the man chose a risky surgery that led, 14 days later, to exactly that. To Gawande, the remarkable thing was not the poor choice; it was…
On July 1, 2019, I did something I never thought I would do: I became “of counsel” to my firm. During most of my career as an elder law attorney, I planned to keep working until I died. I remember mentioning this to a colleague, Robert Fleming, when I was at his office in Tucson in 1996. Robert, Charlie Sabatino, Craig Gordon, and I – all National Academy of Elder Law Attorneys (NAELA) members – were at Robert’s office grading CELA exams. We were talking about our practices. I mentioned that I never intended to retire. Robert replied, “You don’t…
Nothing stops a dinner party conversation quicker than when people inquire of your profession and you reply, “I’m a lobbyist.” Lobbying gives people a certain impression – maybe created by movies or TV, or even by politicians themselves, who often swear off lobbyists on the campaign trail. As often the case, the perception is much different from the reality – and lobbying and advocating for justice and the legal system has never been more important. About State Bar Lobbying The State Bar of Wisconsin lobbying and government relations program is run much differently than other professional or trade associations. Cale
Various estate planning documents require you to appoint someone to act on your behalf. These appointees are your “fiduciaries” and include your personal representative, guardian for minor children, trustee, attorney-in-fact, and health care agent. Often times, people name certain individuals for these roles without much consideration, or they may consider the wrong criteria. Below is a general description of each fiduciary role and a few suggestions on what to consider when deciding who to appoint to those roles. In general, you should carefully consider the skillset each role requires and whether the person you would like to appoint possesses those…
Note: This article was originally posted in the McCarty Law blog. COVID-19 has been hard on all of us, but especially on residents of nursing homes. Because nursing homes house our most vulnerable population, extra precautions needed to be implemented to protect them. This resulted in nursing homes being “locked down,” meaning residents were not allowed to leave, nor were they allowed visitors. Early on during the pandemic, we all saw heartbreaking pictures of families waving at a loved one through a window. In addition to worrying about contracting the virus, many nursing home residents also had to worry…
It was the first day on the job for my new staff attorney. He did not expect that his first day would be spent at a funeral. But there he was, with me. In the casket was a client of mine. She was beautifully dressed in pink, her face peaceful, and her son and family stood nearby. I paid my respects, and they expressed their joy that the final days of her life had been spent at home. If the local adult protective services (APS) agency had its way, things would have been different. She would have died in a…
Dear members of the Elder Law and Special Needs Section and other interested persons: We’re excited to announce the launch of a new blog for our section! Blogs are designed to deliver the latest news, practical advice, and valuable resources that focus on the issues that we encounter in our practice. We chose to create a blog because they offer more flexibility in providing timely and more frequent communication to our members. Also, posts can be shared on social media and can link to additional information and other related blogs. The Elder Law and Special Needs Journal will continue with…